Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide provides an easy-to-understand overview of motorcycle accident law and practical guidance for people involved in motorcycle crashes in Brownsville, Texas. Brownsville is governed by Texas state traffic and insurance laws, and local law-enforcement and county processes apply to accident investigations and reports. If you are injured or your property is damaged in a motorcycle crash, you could have rights to insurance benefits, settlement, or a lawsuit depending on fault, injury severity, and the insurance coverage involved.
Not every motorcycle accident requires a lawyer, but you should consider legal help in these common situations:
- Serious or catastrophic injury, long-term disability, or death. Complex medical and future-care needs make accurate valuation and negotiation difficult without legal help.
- Disputed liability. If the other side blames you or both parties claim the other was at fault, an attorney can investigate and build a stronger case.
- Uninsured or underinsured motorists. If the at-fault driver lacks adequate coverage, an attorney can pursue uninsured/underinsured motorist claims under your policy or other available avenues.
- Hit-and-run crashes. Identifying the other driver and preserving evidence early is essential and often requires legal and investigative assistance.
- Lowball insurance offers or bad-faith tactics. Insurers may try to minimize payout or pressure you to accept an early settlement. A lawyer negotiates and, if necessary, sues for full compensation.
- Multiple liable parties. If a third party such as a motor vehicle manufacturer, a government entity, or a property owner shares liability, a lawyer can coordinate claims against multiple defendants.
Key aspects of Texas and local law that affect motorcycle accident claims in Brownsville include:
- Licensing and registration - Motorcycle riders must have the appropriate motorcycle license endorsement or class and the motorcycle must be properly registered and titled.
- Helmet requirements - Texas law requires motorcycle riders under 21 to wear an approved helmet. Riders 21 and older may be exempt from the helmet requirement if they meet certain conditions such as completing an approved safety course or carrying specific medical insurance. Check your circumstances carefully because helmet use can affect injury outcomes and insurance issues.
- Financial responsibility and insurance minimums - Texas requires drivers and motorcyclists to maintain financial responsibility, typically through liability insurance with minimum coverage amounts set by state law. Many claims involve the at-fault driver’s liability policy or the injured rider’s uninsured/underinsured motorist coverage.
- Comparative fault - Texas follows a modified comparative fault rule. If you are found 51 percent or more at fault for the crash, you generally cannot recover damages. If you are less than 51 percent at fault, your recoverable damages are reduced in proportion to your percentage of fault.
- Statute of limitations - In Texas, you generally have two years from the date of the crash to file a personal injury lawsuit or wrongful death claim. Missed deadlines can bar your right to sue, so act promptly.
- Reporting requirements - You must report crashes to law enforcement when they result in injury, death, or significant property damage. Cooperate with responding officers and secure a copy of the police report for insurance and legal purposes.
- Damages and caps - Victims can seek economic damages such as medical bills and lost wages, non-economic damages such as pain and suffering, and in some cases punitive damages. Certain damage caps apply in specific types of cases, such as medical malpractice or suits against governmental entities.
Yes - you should call law enforcement to report the crash when there are any injuries, deaths, or significant property damage. A police report documents the scene and may be important for insurance claims and legal cases.
Under Texas law, the statute of limitations for most personal injury and wrongful death claims is two years from the date of the accident. There are limited exceptions, so consult an attorney quickly to preserve your rights.
Helmet use can influence both the severity of injuries and how insurance companies assess liability or damages. If you were not required to wear a helmet under the law but chose not to, insurers may try to argue contributory fault. Conversely, not wearing a helmet when required by law can create legal complications. Discuss helmet issues with your lawyer early.
Texas uses modified comparative fault. If you are 51 percent or more at fault, you generally cannot recover damages. If you are less than 51 percent at fault, your recovery is reduced by your percentage of fault. Accurate investigation and evidence collection are critical to minimizing your assigned fault percentage.
You may recover economic damages like medical expenses, rehabilitation costs, lost wages, and property damage. You may also recover non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases involving egregious conduct, punitive damages may be sought, subject to legal limits and proof requirements.
If the at-fault driver is uninsured or underinsured, you may be able to use your own uninsured/underinsured motorist coverage if you carry it. If you do not have such coverage, an attorney can explore other sources of recovery, including the at-fault driver’s personal assets or third-party liability where applicable.
Most first offers are low. Do not accept a settlement without understanding the full extent of your injuries and future needs. Talk to an experienced attorney before signing releases or accepting final offers so you do not waive rights to future compensation.
When safe to do so, collect: photos of vehicles, injuries, road conditions, traffic control devices, and skid marks; names and contact information for other drivers and witnesses; insurance and license information for involved parties; and the responding police report number. Preserve medical records, bills, repair estimates, and correspondence with insurers.
An attorney can investigate liability, obtain and preserve evidence, consult medical and reconstruction experts, calculate full damages including future needs, negotiate with insurers, and represent you in court if necessary. They also help protect your rights and ensure procedural deadlines are met.
Look for attorneys with experience in motorcycle and motor-vehicle personal injury, courtroom experience when needed, client references or reviews, and a clear fee agreement, typically contingency-based so you pay only if they recover money. Meet for an initial consultation to evaluate experience and approach.
These agencies and organizations can provide information, safety guidance, or assistance related to motorcycle accidents:
- Brownsville Police Department
- Cameron County Sheriff’s Office
- Texas Department of Public Safety
- Texas Department of Motor Vehicles
- Texas Department of Insurance
- Texas Bar Association
- Rio Grande Legal Aid and other local legal aid organizations
- Motorcycle Safety Foundation
- National Highway Traffic Safety Administration for crash statistics and safety materials
If you need legal assistance after a motorcycle accident in Brownsville, consider these steps:
- Seek medical attention right away. Your health and documented medical records are essential for treatment and claims.
- Report the crash to law enforcement and obtain the police report number and contact details for the investigating officer.
- Gather and preserve evidence: photos, witness names, insurance information, and medical records.
- Notify your insurance company, but avoid making broad statements or accepting a quick settlement without advice.
- Avoid posting accident details or injury photos on social media until your case is resolved.
- Consult an experienced motorcycle accident attorney promptly. Bring documentation such as the police report, medical records, photos, and insurance information to your consultation. Ask about case strategy, likely timelines, fees, and how they will communicate with you.
- Track deadlines and follow your attorney’s instructions to protect your rights and maximize recovery.
Acting promptly and securing knowledgeable legal help can make a significant difference in the outcome of a motorcycle accident claim. If you are unsure where to start, call or visit one of the local resources listed above or schedule a consultation with an experienced personal injury attorney in Brownsville.
Lawzana helps you find the best lawyers and law firms in Brownsville through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Motorcycle Accident, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Brownsville, United States — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
