The Burkett Law Firm represents motorcycle riders and passengers injured in crashes in Corpus Christi, Nueces County and the Coastal Bend. We pursue claims against drivers who turn left across a rider’s path, change lanes without looking or follow too closely. Consultations are free, and we work on contingency, with no fee or case costs unless we win.
Our firm has represented injured people in Corpus Christi since 1960, across three generations of Burkett attorneys. David Burkett is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and works with attorneys Nathan Burkett and Eddie Perez. We know the roads riders use here, from Ocean Drive and the JFK Causeway to SPID, I-37 and the highways out to Robstown, Kingsville and Rockport.
How dangerous are motorcycle crashes in Texas?
A motorcycle offers no steel frame, airbags or seat belts, so even a low-speed impact can cause serious harm. According to TxDOT’s 2025 Texas Motor Vehicle Traffic Crash Facts, 559 motorcyclists (operators and passengers) were killed on Texas roads in 2025, down from 585 in TxDOT’s 2024 report. TxDOT’s 2025 report on motorcyclist fatalities and injuries by helmet use shows the following:
| Texas motorcyclists, 2025 (TxDOT) | Helmet worn | No helmet | Unknown | Total |
|---|---|---|---|---|
| Killed | 359 | 173 | 27 | 559 |
| Suspected serious injuries | 1,525 | 821 | 124 | 2,470 |
Two points stand out. First, most riders killed or seriously hurt in 2025 were wearing helmets, a reminder that a helmet cannot prevent a crash and does not protect the rest of a rider’s body. Second, the toll is high enough that every case deserves a full investigation rather than a quick insurance offer.
What causes motorcycle accidents in Corpus Christi?
Most motorcycle crashes start with another driver’s mistake. The causes we see most often include:
- Left-turning drivers. A driver turns left at an intersection or into a driveway directly in front of an oncoming rider.
- Unsafe lane changes. Drivers merge into a motorcycle in their blind spot on SPID, I-37 or the Crosstown Expressway.
- Rear-end collisions. Stop-and-go traffic near SPID exits and at lights on Staples Street and Saratoga Boulevard leaves riders exposed to inattentive drivers behind them.
- Distracted drivers. A driver looking at a phone may never see a motorcycle’s narrow profile.
- Impaired drivers. Alcohol slows reaction time and judgment, and nighttime crashes near the Bayfront and the Island are a recurring problem.
- Opened doors and parking lot exits. Drivers pull out of businesses or open doors without checking for a rider.
- Road hazards. Potholes, gravel, sand blown onto Padre Island roads, uneven pavement and debris can throw a rider off balance, and in some cases a contractor or government entity may share responsibility.
- Wind on bridges and causeways. Crosswinds on the Harbor Bridge and the JFK Causeway make it harder for a rider to hold a line, which makes crowding by other drivers especially dangerous.
Why are left-turn crashes so common for motorcyclists?
Left-turn crashes are the classic motorcycle collision. A driver waiting to turn looks for oncoming traffic, sees the larger vehicles and misjudges or misses the rider. Because a motorcycle is narrow, it is harder to judge how fast it is approaching. The result is often a rider striking the side of a turning vehicle with no time to stop.
Texas law is clear about who must yield. Under Tex. Transp. Code § 545.152, a driver turning left at an intersection or into an alley, private road or driveway must yield the right-of-way to a vehicle approaching from the opposite direction that is in the intersection or close enough to be an immediate hazard. A motorcycle is a vehicle with the same right-of-way as any other.
“I didn’t see the motorcycle” is not a defense. It is often an admission that the driver was not looking carefully enough. We use scene evidence, video, witness statements and accident reconstruction to show where the rider was and when the driver should have seen the bike.
Does the Texas helmet law affect your injury claim?
Texas law, Tex. Transp. Code § 661.003, requires motorcycle operators and passengers to wear approved protective headgear. Riders who are at least 21 are excepted if they have completed an approved motorcycle operator training and safety course or are covered by a health insurance plan that provides benefits for injuries from a motorcycle crash. A peace officer may not stop a rider solely to check whether the rider qualifies for the exception.
Riding without a helmet does not bar an injury claim, and it does not change who caused the crash. It can still come up. Since the Texas Supreme Court’s decision in Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015), which allowed relevant evidence of seat belt non-use in apportioning responsibility, insurers and defense lawyers argue that a missing helmet is similar conduct a jury may weigh. That argument only goes as far as the evidence. A helmet has nothing to do with a broken leg, a shattered pelvis, road rash or many spinal injuries, and the defense must connect the missing helmet to a specific injury it claims a helmet would have prevented or reduced.
Any share of responsibility assigned to a rider reduces the award under Texas’s proportionate responsibility rules, and a rider found more than 50% responsible recovers nothing (Tex. Civ. Prac. & Rem. Code § 33.001). Our article on the Texas 51% comparative fault bar explains how those percentages are argued, and our guide to the Texas motorcycle helmet law and your injury claim covers the helmet question in depth.
How do insurance companies use bias against riders?
Many adjusters and some jurors start with the assumption that a rider was speeding, weaving or taking risks. Insurers use that bias to deny claims, argue that the rider shares the blame or make low offers.
The law gives riders the same rights as any other driver. Under Tex. Transp. Code § 545.0605, in effect since September 1, 2023, a motorcycle operator is entitled to the full use of a lane, and other drivers may not crowd a motorcycle out of that space. The same statute prohibits lane splitting, so an insurer may claim a rider was riding between lanes. We answer those claims with evidence: helmet and dash camera footage, nearby business video, the other vehicle’s event data, damage patterns on the bike and gear, and independent witnesses. In court, we address rider bias directly during jury selection so the case is decided on what happened, not on stereotypes.
What should you do after a motorcycle crash?
If you are able, take these steps after a crash:
- Call 911 and get medical care. Adrenaline can hide fractures, internal injuries and brain injuries.
- Report the crash. Make sure police document it, and ask how to get the crash report.
- Photograph everything. Take pictures of the bike, the other vehicle, the road, skid marks, debris and your injuries.
- Keep your gear. Do not throw away or repair your helmet, jacket, gloves or boots. Damage to gear helps show how the crash happened.
- Do not repair the motorcycle yet. It is evidence. Let your lawyer arrange an inspection first.
- Get witness information. Riders behind you and nearby drivers often see what happened.
- Avoid recorded statements. Do not talk with the other driver’s insurer about fault or injuries before speaking with a lawyer.
What Texas laws control a motorcycle accident claim?
| Rule | What it means for riders | Source |
|---|---|---|
| Filing deadline | Most injury and wrongful death lawsuits must be filed within two years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| 51% bar | Your recovery is reduced by your share of fault and barred above 50% | Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012 |
| Left-turn duty | Drivers turning left must yield to oncoming vehicles, including motorcycles | Tex. Transp. Code § 545.152 |
| Lane rights | Motorcycles are entitled to a full lane; lane splitting is prohibited | Tex. Transp. Code § 545.0605 |
| Helmet law | Helmets required, with exceptions for qualifying riders 21 and older | Tex. Transp. Code § 661.003 |
| Minimum liability insurance | $30,000 per person, $60,000 per crash for injuries, $25,000 property damage | Tex. Transp. Code § 601.072 |
| UM/UIM coverage | Insurers must offer it, and it applies unless rejected in writing | Tex. Ins. Code § 1952.101 |
The $30,000 minimum is often far less than a serious motorcycle injury costs. If the at-fault driver has little or no coverage, your own uninsured/underinsured motorist coverage may make up the difference. Our guide on what to do if you are hit by an uninsured driver in Texas explains how those claims work.
What compensation can injured riders recover?
Riders often suffer fractures, road rash requiring skin grafts, traumatic brain injuries, spinal cord injuries and amputations. Texas law allows recovery for:
- Past and future medical bills, including surgery, rehabilitation and therapy
- Lost wages and lost earning capacity
- Physical pain and mental anguish
- Physical impairment and disfigurement, including scarring
- Damage to the motorcycle and riding gear
When a rider is killed, the Texas Wrongful Death Act allows the surviving spouse, children and parents to bring a claim under Tex. Civ. Prac. & Rem. Code § 71.004.
Motorcycle injuries often take months or years to fully understand. A fracture may need more than one surgery, a skin graft may need revision, and a brain injury can affect memory, mood and the ability to work long after the bruises heal. That is why we do not recommend settling until your doctors can explain your long-term outlook. Passengers have claims of their own, too. A passenger can recover from the driver of the other vehicle and, when the facts support it, from the motorcycle operator’s insurance, and a passenger’s claim does not depend on the operator’s helmet status or training.
How does The Burkett Law Firm build a motorcycle accident case?
The Burkett Law Firm builds each motorcycle case to answer the questions an insurer or jury will ask about the rider.
- We preserve evidence quickly, including video from businesses and traffic cameras, the other vehicle’s data, the motorcycle and your gear.
- We reconstruct the crash with experts when speed, position or visibility is disputed.
- We find every source of coverage, including the at-fault driver, any employer whose worker caused the crash and your own UM/UIM benefits.
- We document your injuries and future needs with your doctors and, when needed, medical and economic experts.
- We prepare for trial in Nueces County courts, which gives us leverage in negotiations.
The Burkett Law Firm has recovered more than $80,000,000 for injured clients and families, including a $20,000,000 result in a commercial van wrongful death case. Every case is different, and past results do not guarantee a similar outcome.
Frequently asked questions about Corpus Christi motorcycle accident claims
Can I recover damages if I was not wearing a helmet?
Yes. Not wearing a helmet does not bar your claim or excuse the driver who caused the crash. The defense may argue that a helmet would have reduced a head injury, but that argument does not apply to injuries a helmet would not have prevented.
How long do I have to file a motorcycle accident claim in Texas?
Most motorcycle injury and wrongful death lawsuits must be filed within two years under Tex. Civ. Prac. & Rem. Code § 16.003. Claims involving a government vehicle or a road defect can require notice within six months. It is best to speak with a lawyer well before any deadline.
Is lane splitting legal in Texas?
No. Tex. Transp. Code § 545.0605 prohibits riding between lanes of traffic and passing a vehicle within the same lane. Two motorcycles may ride side by side in one lane, and every motorcycle is entitled to the full use of a lane.
What if the driver says they never saw me?
That statement usually helps your case. Texas drivers have a duty to keep a proper lookout and to yield when turning left. Failing to see a motorcycle that was there to be seen is a form of negligence.
What if I was partly at fault for the crash?
You can still recover if you are 50% or less responsible, though your damages are reduced by your share. Insurers often exaggerate a rider’s fault, so independent evidence of speed and position matters. We work to keep the blame on the driver who caused the crash.
How much does a motorcycle accident lawyer cost?
There is no up-front cost to hire The Burkett Law Firm for a motorcycle accident case. We work on contingency, so our fee comes from the recovery only if we win. You also pay no case costs unless compensation is recovered. Your first consultation is free.
When should you call a Corpus Christi motorcycle accident lawyer?
Call as soon as you have received medical care, especially if you were seriously hurt, if the other driver blames you or if an insurer is pressing for a recorded statement. Video and vehicle data can disappear within days, and early action protects your claim.
The Burkett Law Firm offers free consultations and handles motorcycle accident cases on contingency, with no fee and no case costs unless we recover compensation for you. Call (361) 882-8822 or contact The Burkett Law Firm to speak with an attorney. Our office is at 538 S Tancahua St, Corpus Christi, TX 78401.
Reviewed by David Burkett, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization
