Call for a Free Consultation 361-882-8822
English   Spanish
The Burkett Law Firm Blog

Understanding Motorcycle Accident Law in Corpus Christi, TX

corpus christi motorcyle accident lawyer

If you have been in a motorcycle accident in Corpus Christi, Texas, you need compensation for your injuries and damages. Seeking compensation isn’t something you should go about on your own. You need a motorcycle accident lawyer who can navigate the legalities surrounding motorcycle accidents and liabilities in Corpus Christi.

The motorcycle laws of Texas are some of the most complicated of any state. Luckily, we are here to give you a quick walkthrough of the laws that you need to know about when you get in an accident.

Read on to learn more about motorcycle accident laws in Corpus Christi and what steps to take after you have been in one.

Texas Is an At-fault Motorcycle Accident State

All motorists are required to carry liability insurance in Corpus Christi, TX. Liability insurance providers will compensate their policyholders in the event of a motorcycle accident.

Texas is an at-fault state when it comes to motorcycle accidents. This means that the vehicle driver or motorcycle operator found at fault for the incident compensates the victim through the coverage of the insurance provider.

Proving negligence is key to a successful claim. If you can prove that the other motorist’s negligence caused your motorcycle accident, you can receive compensation from the liable party’s insurance provider.

What Can Make a Person At Fault for a Motorcycle Accident?

Several things can make a person liable for an accident. For example, a person is liable if they caused an accident by driving while intoxicated. The Texas Department of Transportation sets the legal alcohol threshold at above 0.08%.

Another action that can make someone liable for a motorcycle accident is violating traffic laws. Some examples of such traffic violations include swerving, lane splitting, and running a red light. Tailgating is another action that can make a motorist liable for a motorcycle crash.

Texas’s Modified Comparative Fault Principle

Both the victim and the liable party can have their share of liabilities in the incident. For this reason, Texas operates on the principle of modified comparative fault when determining fault and compensation.

Under the modified comparative fault principle, the victim’s fault in the accident will result in a deduction of the payable compensation. For example, if the total compensation for the victim amounted to $30,000, and the victim is responsible for 40% of the incident, then 40% is deducted from $30,000. As a result, the victim becomes entitled to only $18,000.

Motorcycle Requirements

Motorcycle operators in Texas must have all the necessary attachments and parts required by the Texas Department of Licensing and Regulation (TDLR). According to the TDLR, all motorcycle operators need to have the following parts in perfect working order on their motorcycles:

  • Horn
  • Steering
  • Brakes
  • Tires
  • Wheel assembly
  • Exhaust system
  • Side mirrors
  • Footrests
  • Handholds for passengers

The TDLR also requires lamps on several parts of the motorcycle, which include:

  • Tail lamp
  • Stop lamp
  • Headlamp
  • License plate lamp and reflector

Texas Helmet Laws

By law, all motorcycle operators under the age of 21 need to ride wearing helmets. The same applies to motorcycle riders over the age of 21. There are some exceptions, though.

Motorcycle operators 21 and over who have completed a state motorcycle safety course can ride their motorcycles without helmets. Also, they need to have medical insurance coverage of at least $10,000 to ride without a helmet.

What Is Lane Splitting, and Is It Legal in Texas?

Texas motorcycle riders commit lane splitting when they drive between lanes of stopped and slow-moving vehicles. In Texas, this practice is a direct violation of traffic laws. For this reason, getting into an accident when lane splitting can make the recovery of compensation difficult for a motorcycle operator.

What To Do If You’ve Been in a Motorcycle Accident

What you do after your accident can determine whether or not you will be able to successfully recover compensation from other motorists. To maximize the chances of getting compensated, follow these steps:

1. Do Not Drive Off; Call the Authorities Instead

Leaving the scene of an accident can be considered a hit-and-run — especially if there are other injured motorists or pedestrians. Instead, notify the police or highway patrol. Also, call 911 to have emergency medical services dispatched your way.

2. Gather as Much Information as You Can About the Other Drivers or Riders Involved

Gather the personal and contact information of the other motorists or motorcycle operators. Also, take note of the license plate numbers of their vehicles. For access to eyewitness accounts, you can also obtain the contact details of some people who were present during the accident.

3. Get Medical Attention

Motorcycle injuries can be life-threatening when left untreated. If EMS determines that you need medical attention, do not refuse. Allow them to take you to the hospital where you can have your injuries treated.

4. Do Not Have Your Motorcycle Repaired

Your motorcycle is a piece of evidence in the accident. To comply with the police investigation, try not to have it repaired until after the police have documented the damage.

5. Call a Corpus Christi Motorcycle Accident Attorney ASAP

A motorcycle accident lawyer can help you recover compensation by proving the liability of other motorists in the accident. A motorcycle accident attorney can also protect your rights as you go about your motorcycle injury claim.

Get Full Legal Representation and Results With an Experienced Motorcycle Accident Lawyer in Corpus Christi, TX

Following a motorcycle accident, your injuries are likely to be severe. The severity of your injuries can affect your finances and your ability to live a full quality of life.

After the pain and suffering, you deserve compensation that offsets your financial burdens and more. For a successful motorcycle accident claim in Corpus Christi, choose a lawyer that can get you results fast.

Call us now if you need legal counsel and representation for your motorcycle accident case in Corpus Christi.


Related Blogs