Houston Motorcycle Accident Lawyer
40+ years representing seriously injured accident victims in Houston and across Texas
A serious motorcycle crash can change your life in seconds. You may be facing surgery, lost income, a damaged bike, and an insurance company that is already looking for a reason to blame you. Early action matters because video can be erased, witnesses can become hard to locate, and the motorcycle may be repaired or destroyed before it is inspected.
I am Greg Baumgartner. I founded Baumgartner Law Firm in 1985 and have spent more than four decades representing people with serious injuries and families who lost a loved one. I personally manage every case the firm accepts. We keep our caseload limited so we can prepare each claim with the time, attention, and resources it deserves.
Call (281) 587-1111 or request a free consultation. You pay no attorney fee unless we recover compensation for you.
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Why Injured Riders Choose Greg Baumgartner
A motorcycle claim is not simply a car-accident claim with a different vehicle. Riders are more exposed, injuries are often severe, and insurance adjusters may rely on unfair stereotypes about speed or risk-taking. The lawyer must understand how the crash happened and how the injury will affect the rider for years to come.
- Experience since 1985. Greg has represented serious injury and wrongful death clients for more than 40 years.
- Direct attorney attention. Greg personally oversees every case the firm accepts.
- A selective caseload. The firm takes fewer cases so each client receives meaningful preparation and personal attention.
- Trial-focused preparation. The claim is built with the evidence and expert support needed for litigation when an insurer refuses to be reasonable.
- Proven serious-injury results. The firm has recovered hundreds of millions of dollars in serious injury and wrongful death matters. Review our selected case results.
Past results were based on the facts and evidence in those individual cases. They do not guarantee the outcome of another claim.
Motorcycle Crashes Remain a Serious Texas Safety Problem
The Texas Department of Transportation motorcycle-safety campaign reports that 557 riders died and 2,468 were seriously injured in Texas motorcycle crashes during 2025. More than half of fatal motorcycle crashes involved another vehicle, and 37% of motorcycle fatalities happened at intersections.
Houston riders face heavy traffic on I-45, I-10, Loop 610, Beltway 8, Westheimer Road, and FM 1960. A driver who turns left, changes lanes without checking a blind spot, follows too closely, or looks at a phone can leave a rider with no safe way to avoid impact. Our guide to the common causes of motorcycle accidents explains these crash patterns in more detail.
How We Investigate a Houston Motorcycle Crash
The best time to investigate is often immediately after the collision. We do not assume the police report tells the whole story. We look for the physical, digital, and medical evidence that shows what happened and how the crash affected our client.
- Request available crash reports, photographs, recordings, and officer materials.
- Locate traffic-camera, dashcam, business, and residential video before it is overwritten.
- Interview witnesses while their memories are fresh.
- Inspect and preserve the motorcycle, helmet, riding gear, and damaged parts when they may help explain the force or mechanics of the crash.
- Document sight lines, debris, scrape marks, lane markings, construction conditions, and roadway defects.
- Seek vehicle data, phone records, driver logs, company records, or other evidence when the facts justify it.
- Identify every applicable policy, including liability, commercial, umbrella, and uninsured or underinsured motorist coverage.
- Work with qualified reconstruction, medical, vocational, and economic experts when expert testimony is needed.
This work is especially important in hit-and-run crashes, disputed left-turn collisions, commercial-vehicle cases, roadway-defect claims, and crashes involving several vehicles or injured people.
Proving Fault in a Texas Motorcycle Accident Case
To recover damages, the evidence generally must show that another person or company failed to use reasonable care, that the failure caused the crash, and that the rider suffered injuries and losses. A citation may be useful, but it does not replace a full investigation.
Common examples of negligence include failing to yield, turning left in front of an approaching motorcycle, unsafe lane changes, distracted driving, speeding, following too closely, drunk driving, and allowing a dangerous road or vehicle condition to remain uncorrected.
What if the insurance company says the rider was partly at fault?
Texas uses proportionate responsibility. Under Texas Civil Practice and Remedies Code §33.001, a claimant generally cannot recover when the claimant is more than 50% responsible. When the rider is 50% or less responsible, the award is reduced by the assigned percentage of fault.
For example, a rider with $200,000 in damages who is found 20% responsible would have a net damage award of $160,000. Insurers know this rule and may try to inflate the rider’s share of fault. We counter those arguments with evidence, not assumptions.
Insurance Companies Often Treat Riders Differently
Adjusters may begin with the belief that the rider was speeding, hard to see, or taking an unnecessary risk. They may also argue that medical treatment was excessive or unrelated to the crash. These tactics can reduce the offer even when the other driver caused the collision.
- Blaming the rider before the investigation is complete
- Requesting a recorded statement designed to create inconsistent answers
- Using helmet, licensing, or lane-position issues to distract from the driver’s conduct
- Questioning the need for surgery, rehabilitation, or future care
- Offering quick money before the full injury picture is known
- Delaying the claim or requesting the same records more than once
You do not have to accept the adjuster’s version of events. A careful investigation can separate fact from stereotype and show the true cause and cost of the crash.
Compensation Available After a Motorcycle Accident
The value of a motorcycle injury claim depends on the evidence, the seriousness of the injuries, the effect on work and daily life, the amount of fault, and the insurance or assets available. There is no reliable “average” that can predict one person’s result.
Recoverable damages may include:
- Past and future medical expenses
- Lost wages and reduced future earning capacity
- Pain, physical impairment, and loss of normal activities
- Disfigurement and scarring, including severe road rash
- Emotional distress and trauma-related symptoms
- Motorcycle repair or replacement and other property loss
- Funeral costs and family losses in a fatal crash
Our detailed guide explains the factors that affect an average motorcycle accident settlement in Texas and why serious claims must be evaluated individually.
Serious Motorcycle Injuries We Handle
Motorcycles do not have a steel frame, airbags, or seat belts to protect the rider. Even a crash at city-street speed can cause permanent harm. We focus on serious cases, including:
We can help you get the needed medical care for injuries such as:
- Traumatic brain injuries, concussions, and skull fractures
- Spinal cord injuries, paralysis, and serious back injuries
- Multiple fractures and orthopedic injuries requiring surgery
- Internal-organ damage and internal bleeding
- Amputation and crush injuries
- Severe road rash, infection, nerve damage, and scarring
- Fatal injuries requiring a Houston wrongful death lawyer
A serious-injury claim should account for more than today’s medical bills. It may require evidence about future treatment, home or vehicle changes, lost earning ability, long-term pain, and the activities the rider can no longer enjoy.
Texas Motorcycle Laws That May Affect Your Claim
A traffic-law issue does not always decide an injury case. The key question is whether the conduct caused or contributed to the collision or the injuries. Still, insurers often raise motorcycle-specific laws, so the claim must address them directly.
Helmet use
Texas law begins with a helmet requirement and creates an exception for certain riders and passengers who are at least 21. Under Texas Transportation Code §661.003, the adult exception applies when the person completed an approved motorcycle operator training and safety course or is covered by qualifying health insurance. Our Texas motorcycle helmet law guide explains how helmet use may affect an injury claim. Riding without a helmet does not automatically make a rider responsible for the crash. It may become relevant to a head-injury claim if the defense can prove that helmet use would have prevented or reduced that specific injury. It should not decide liability for an unrelated injury, such as a broken leg.
Lane splitting
Texas Transportation Code §545.0605 prohibits a civilian rider from operating between lanes of traffic moving in the same direction or passing a vehicle while sharing the same lane. Learn more about lane splitting in Texas. Even when the rider violated a traffic rule, Texas still requires a fact-based allocation of responsibility rather than an automatic denial of every claim.
Motorcycle license
Texas generally requires the proper Class M motorcycle license or endorsement. The Texas Department of Public Safety motorcycle-license page explains the current application and training requirements. A licensing issue may be raised by the defense, but it does not by itself prove who caused the crash.
Time limit to file
Under Texas Civil Practice and Remedies Code §16.003, the general deadline for a personal-injury lawsuit is two years from the date the claim accrues. Different rules or shorter notice requirements can apply in some cases, including claims involving government entities. Do not wait for the deadline because important evidence may disappear much sooner.
What to Do After a Houston Motorcycle Accident
Your health comes first. Take these steps when you can do so safely:
- Call 911 and request medical help. A motorcycle injury may be more serious than it first appears.
- Report the collision. Ask the investigating agency how to obtain the crash report.
- Photograph the scene. Capture the vehicles, motorcycle, road, debris, injuries, traffic controls, and surrounding businesses or homes that may have cameras.
- Get witness information. Names, phone numbers, and short notes about what each person saw can be important later.
- Preserve the motorcycle and gear. Do not authorize disposal or major repairs before the evidence is evaluated.
- Avoid recorded statements and rushed settlements. An early offer may not account for surgery, future care, or lost earning capacity.
- Speak with an experienced lawyer. Legal advice is most useful before evidence disappears or the insurer obtains a statement that can be used against you.
See our full checklist on what to do after a motorcycle accident.
How Much Does a Houston Motorcycle Accident Lawyer Cost?
Baumgartner Law Firm handles accepted motorcycle injury cases on a contingency fee. You do not pay an attorney fee up front. The fee is a percentage of the recovery and is explained in the written agreement. If the firm does not recover compensation, you do not owe an attorney fee.
Read more about the cost of hiring a motorcycle accident attorney, including fees and case expenses.
Attorney in Houston for Help
Talk with a top-rated Motorcycle accident lawyer by calling (281) 587-1111
Fill out an online consultation request for a FREE consultation.
How Long Does a Motorcycle Accident Case Take?
There is no single timetable. A claim should not usually settle until the medical condition and future needs are clear enough to value the loss. Some claims resolve within months after treatment ends. Serious injury, disputed fault, several defendants, limited insurance, liens, or litigation can extend the case for a year or longer.
Filing a lawsuit does not mean the case will go to trial. Many cases settle after the parties exchange evidence, take depositions, and understand the risks. We recommend the path that best protects the client rather than pushing every case toward a quick settlement or an unnecessary trial.
Not every property-damage claim needs a lawyer. Legal representation becomes more important when the rider has serious injuries, fault is disputed, several insurance policies may apply, the adjuster requests a statement, or the offer does not reflect the full loss.
Yes, in many cases. Texas generally allows recovery when the injured person is 50% or less responsible, but the compensation is reduced by that percentage. A rider who is more than 50% responsible generally cannot recover damages.
No. Helmet use does not decide who caused the crash. It may affect a head-injury claim when the defense can prove that a helmet would have prevented or reduced the injury. The issue should not reduce compensation for injuries a helmet could not have prevented.
Other sources may include uninsured or underinsured motorist coverage, a commercial policy, an employer’s policy, an umbrella policy, or another party that contributed to the crash. The available coverage should be investigated before the claim is valued.
Many claims settle without a trial. A lawsuit may still be needed to obtain evidence, protect the deadline, or move negotiations forward. If litigation becomes necessary, the firm handles the filings, discovery, depositions, expert work, and trial preparation.
The general Texas personal-injury limitations period is two years, but exceptions and special notice rules may change the deadline. Speak with a lawyer promptly rather than relying on the general rule.
You can discuss fault, insurance coverage, medical bills, evidence, deadlines, and the likely next steps. The consultation is free and does not require you to hire the firm.
A serious motorcycle case deserves prompt investigation and personal attention. Call (281) 587-1111 or contact Baumgartner Law Firm online for a free, confidential consultation.
Baumgartner Law Firm
6711 Cypress Creek Parkway
Houston, Texas 77069
No attorney fee unless we recover compensation for you.
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