Get medical attention the same day, even if you think you are fine. Then get the crash documented: photos, witness names, and the police report number. Do not discuss fault at the scene and do not give the other driver's insurer a recorded statement. Motorcycle claims turn on early evidence more than car claims do.

If you are reading this from a hospital bed or your kitchen table a day later, start with the medical part. Everything else can wait a few hours.

The stakes are not abstract. TxDOT recorded 585 motorcyclist deaths in Texas in 2024. Thirty-seven percent of those killed were not wearing a helmet.

What should you do at the scene?

Get out of traffic if you can. Houston drivers do not expect a downed rider. If you can move safely, do. If you cannot, stay still and wait.

Call 911. You want police and EMS. The crash report becomes a foundational document in any claim, and refusing the ambulance creates a gap in your medical record that an adjuster will use later.

Do not apologize and do not diagnose yourself. "I'm sorry" and "I'm okay" are the two most expensive sentences at a crash scene. Give the officer the facts: direction of travel, speed, what the other vehicle did.

Photograph everything you can. Both vehicles, the road surface, skid marks, debris field, traffic signals, sight lines, your gear, and your injuries. Take more than feels necessary. The scene will be cleared within the hour.

Get witness contact information. Not just names. Phone numbers. Witnesses matter more in motorcycle cases because juries and adjusters start from an assumption that the rider was speeding.

Do not remove your gear before it is photographed. A cracked helmet is evidence of impact force.

Why is medical care urgent even if you feel fine?

Adrenaline suppresses pain for hours. Head, neck, spine, and internal injuries are routinely missed at the scene and show up the next day.

There is also a claims reality. A gap between the crash and your first medical visit is the most common argument an insurer uses to say your injuries came from something else. Same-day treatment closes that door.

Tell the provider that you were in a motorcycle crash and describe the mechanism: what you hit, how you landed, whether you lost consciousness. That description goes in the chart and links the injury to the crash.

If you do not have health insurance, say so during your legal consultation. There are treatment paths that do not require payment up front.

Why are Houston motorcycle claims harder than car claims?

Three reasons, and they compound.

Bias against riders. Adjusters, and sometimes juries, start with an assumption that the motorcyclist was speeding or weaving. That assumption has to be actively rebutted with evidence, which is why scene photos and witnesses matter so much.

Injury severity versus policy limits. A rider has no crumple zone. Injuries are frequently severe while the at-fault driver carries only minimum coverage. Texas minimum liability limits are 30/60/25: thirty thousand dollars per injured person, sixty thousand per crash, twenty-five thousand for property damage, per the Texas Department of Insurance. A single air ambulance ride and a surgery can exceed that.

Comparative fault pressure. Under Texas Civil Practice and Remedies Code Section 33.001, your recovery drops by your percentage of fault and disappears above 50 percent. Insurers push hard on the rider's percentage, and lane position, speed, and visibility all become arguments.

Does Texas require a helmet?

Under Texas Transportation Code Section 661.003, riders and passengers under 21 must wear a helmet, with no exceptions. Riders 21 and over may ride without one if they have completed an approved motorcycle operator training course or carry a health plan covering motorcycle collision injuries. Either one qualifies; you do not need both. An officer also may not stop you for the sole purpose of checking.

Here is the part that matters for a claim: not wearing a helmet, when you were legally permitted not to, does not automatically reduce what you can recover. Insurers will still raise it, usually to argue your head injuries would have been less severe. It is an argument, not a rule.

What coverage might apply if the other driver is uninsured?

More often than people expect, the at-fault driver has no insurance or not enough. Coverage worth checking on your own policy:

Uninsured and underinsured motorist coverage. This is the single most valuable coverage a rider can carry. It steps in when the at-fault driver cannot cover your damages. Under Texas Insurance Code Section 1952.101, your insurer could not issue the policy without providing it unless you rejected it in writing. Check your declarations page before you assume you do not have it.

Personal injury protection. Pays medical expenses and some lost income regardless of fault, up to the limit.

Medical payments coverage. Similar, usually smaller, and often overlooked.

Read your declarations page, not your memory of what the agent said.

What should you not do in the first week?

Do not give a recorded statement to the other driver's insurer. You are not obligated to. Adjusters are trained to elicit statements that get used against you later, often before you know how badly you are hurt.

Do not accept a fast settlement. Early offers arrive before anyone knows what your treatment will cost. Once you sign a release, the claim is closed permanently.

Do not repair or dispose of the bike yet. It is evidence. Photograph it thoroughly and ask before anything gets scrapped.

Do not post about the crash. Insurers look at social media. A photo of you at a family barbecue two weeks later becomes an exhibit.

Do not miss appointments. Gaps in treatment get read as evidence that you recovered.

When should you call a lawyer?

Early, and it costs nothing to ask. Video from nearby businesses gets overwritten in days. Skid marks fade. Witness memory degrades fast.

A consultation is free and carries no obligation. You will not be charged if you decide not to hire anyone, and fees are contingent, which means an attorney fee comes out of a recovery or not at all.

What to bring: the crash report or report number, your photos, witness contact information, your insurance declarations page, and anything the other driver's insurer has sent you.

What does this firm do for injured riders?

The Law Office of Domingo Garcia has represented injured Texans since 1989 and handles motorcycle cases out of its Houston office on the Gulf Freeway.

Three things that matter practically:

• The case is handled in English or Spanish, directly, without an interpreter line
• Medical coordination is handled in house, which matters when you have no health coverage
• A dedicated property damage department deals with the bike, which for most riders is the first problem

Deadlines apply. Under Section 16.003, you generally have two years from the crash to file suit, and shorter notice deadlines apply if a government entity is involved.

Common questions

Contact us today for a free evaluation!