Texas's warm climate puts motorcyclists on the road year-round, and when a crash happens, the rider usually suffers the worst injuries. Yet insurers and even jurors sometimes assume the motorcyclist must have been speeding or weaving.
The Bias Riders Face
In reality, many motorcycle crashes are caused by drivers who fail to see a rider, turn left across their path, or change lanes into them.
Texas Helmet Rules and Comparative Fault
Texas requires helmets for riders under 21; older riders may go without if they meet insurance or training requirements. The absence of a helmet can become an argument over damages, but it does not automatically defeat a claim.
Under proportionate responsibility, an insurer may try to assign fault to the rider. Strong evidence — scene reconstruction, witness accounts, the other driver's actions — counters that.
Telling the Rider's Side
A thorough investigation that documents the other driver's negligence is the best antidote to bias. A free review can help injured riders protect their rights.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.