Category: Motorcycle Accidents

If you’ve been involved in a motorcycle accident in McAllen or anywhere in Hidalgo County, what you do next matters.

Insurance companies begin building their case immediately and not in your favor. While you’re trying to recover, they are working to limit what they pay.

At the Ezequiel Reyna Law Office, we’ve seen how overwhelming this time can be. One of the most important decisions you will make is whether to hire a motorcycle accident lawyer in McAllen, and if so, when to do it and what to look for. This guide will help you understand your rights, your deadlines, and what it takes to protect your case.

Why Motorcycle Accident Claims Are Treated Differently Under Texas Law?

Insurance companies frequently attempt to characterize the injured motorcyclist as reckless or otherwise responsible for the collision even when the facts do not support that conclusion. A qualified motorcycle accident lawyer in McAllen understands how to build a case that neutralizes that bias with documented evidence, accident reconstruction, witness testimony, and a command of applicable Texas statutes.

The Two-Year Deadline You Cannot Afford to Ignore

Before anything else, motorcycle accident victims in McAllen need to understand the statute of limitations. Under Texas Civil Practice and Remedies Code § 16.003(a), you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline means permanently forfeiting your right to any compensation, regardless of how serious your injuries are or how clearly the other driver was at fault.

Critical exceptions McAllen motorcycle accident attorneys monitor closely:

Minors

Under Texas Civil Practice and Remedies Code § 16.001, if the injured person is a minor at the time of the accident, the statute of limitations is tolled, meaning it does not begin running until they turn 18.

Government entities

If a government-owned vehicle caused your accident, such as a city bus, county fleet vehicle, or state agency car, the Texas Tort Claims Act requires written notice of your claim within 180 days of the accident, far shorter than the standard two-year period. This is especially relevant on McAllen’s most congested routes, including Expressway 83 and US-281.

Mental incapacity

If the injured party was of unsound mind when the cause of action accrued, the limitations period is tolled under Texas Civil Practice and Remedies Code § 16.001(a)(2) until they regain legal capacity.

If you are uncertain whether your deadline is approaching, consult a McAllen motorcycle accident attorney immediately. Timing matters. Evidence can disappear, and insurance companies act quickly. Getting the right guidance early can make a meaningful difference in your case. 

What You Can Recover: Types of Damages.

Let us look into some of these below in detail:

Economic Damages

These are measurable losses supported by bills and financial documentation. Compensable medical expenses include emergency treatment, hospitalization, surgery, rehabilitation, prescription medications, and projected future medical costs. For catastrophic injuries, lifetime medical expense projections developed with medical and economic experts can represent the largest single component of your claim.

Lost wages are also compensable, along with future lost earning capacity if your injuries affect your ability to return to prior work. Property damage covers full repair costs or pre-accident fair market value if your bike is totaled, plus riding gear and personal items destroyed in the crash.

Non-Economic Damages

These are losses that do not come with receipts but are fully recognized under Texas law, including chronic pain, emotional trauma, PTSD, anxiety, disruption to daily routines, and loss of enjoyment of life.

Texas attorneys use the multiplier method as a framework for calculating total economic damages, multiplying them by a factor ranging from 1.5 to 5, depending on injury severity. Minor injuries that resolve fully may warrant a multiplier of 1.5 to 2.0. Catastrophic injuries, including traumatic brain injuries, spinal cord damage, and amputations, may warrant multipliers of 4 or 5.

Punitive Damages

Under Texas Civil Practice and Remedies Code § 41.003, punitive damages apply when conduct rises to the level of gross negligence, such as drunk driving, street racing, or fleeing law enforcement. They are capped at two times economic damages plus non-economic damages, up to $750,000 or $200,000, whichever is greater.

Texas Modified Comparative Fault and the 51% Bar Rule.

Under Texas Civil Practice and Remedies Code § 33.001, if you are found 51% or more at fault, you are barred from recovering any compensation. If you are 50% or less at fault, your compensation is reduced proportionally.

For example, if your total eligible damages equal $200,000 and you are found 25% at fault, you recover $150,000. If you are found 51% at fault, you recover nothing.

Insurance adjusters are trained to shift fault onto motorcyclists. Retaining an experienced motorcycle accident lawyer in McAllen from the beginning is one of the most financially protective steps you can take.

Why Hiring a Motorcycle Accident Lawyer in McAllen Makes a Financial Difference

Having experienced legal representation can make a significant difference in how your case is prepared, valued, and negotiated.

At the Ezequiel Reyna Law Office, we work to ensure nothing is overlooked. That includes identifying future damages, preserving critical evidence, and building a case that fully reflects what you’ve been through.

This often involves:

• Ensuring future damages are not left out of any settlement
• Thorough evidence preservation, including police reports, camera footage, and witness statements
• Accident reconstruction gathered before evidence disappears
• Protecting you from unfair fault being assigned by insurance companies
• Negotiating from a position of strength, especially when litigation may be necessary

McAllen motorcycle accident attorneys typically handle cases on a contingency fee basis, meaning you pay no attorney fees unless they win your case.

Frequently Asked Questions

What if I were partially at fault?

You may still be able to recover compensation as long as you are 50% or less at fault. Under Texas law, if you are found 51% or more responsible, you cannot recover damages. This is why it’s important to have someone protecting your side of the case from the beginning.

Does wearing a helmet affect my claim?

It can become a factor, especially in cases involving head injuries. Insurance companies may try to use this to shift fault. An experienced attorney will address this and work to keep the focus on what actually caused the accident.

Do I need a lawyer for minor injuries?

Even injuries that seem minor at first can become more serious over time. Insurance companies often move quickly to settle before the full impact is known. Having guidance early can help ensure your case reflects everything you’ve been through.

If you or a loved one was injured in a motorcycle accident in McAllen, Weslaco, or anywhere in the Rio Grande Valley, contact the Ezequiel Reyna Law Office for a 100% free consultation. With over 45 years of fighting for injured Texans, they serve clients from offices in McAllen (1200 Auburn Ave, Bldg. 200, Ste. 275) and Weslaco (702 W. Expressway 83, Suite 100). They handle motorcycle accidents, car accidents, 18-wheeler crashes, commercial vehicle accidents, oilfield injuries, and wrongful death claims, fighting to recover the full compensation you deserve under Texas law.

Motorcycle enthusiasts across the state enjoy the flat, open highways Texas provides. While riding a motorcycle can be a thrilling experience, it can also be very dangerous even for experienced riders. The Texas Department of Transportation reports that an average of one motorcycle rider dies each day on Texas roads.  The National Highway Traffic Safety Administration (NHTSA) also reported that motorcycle riders are 27 times more likely to be killed in motorcycle crashes compared to passenger vehicle drivers and passengers. Because motorcyclists do not have the same protection as passenger vehicle drivers, wrecks involving them are much more likely to result in serious injury or death.

What causes motorcycle accidents to occur? Below are the five of the most common causes of motorcycle accidents.

Speeding

Texas roads are full of speeding drivers and motorcyclists. Speeding can lead to deadly crashes.  When a driver fails to control their speed, they are less likely to be able to stop quickly or react to changes happening in front of their vehicle. Motorcyclists also have a much higher risk of being severely injured or killed in a high-speed accident since they do not have the protection a passenger car provides.

Distracted or Drunk Driving

Anything that can impair a driver or motorcyclist, or take their eyes off the road, can quickly lead to a devastating car accident. Distracted driving can include texting on a cell phone, eating or drinking, adjusting a radio or GPS system, or talking on the phone. Distractions are incredibly dangerous and reduce the amount of time a driver has to react to changes in their surroundings. Just reading a message or sending a text can take a person’s eyes off the road for five or more seconds at a time. If that person is driving 60 miles per hour on the highway, they will have their eyes off the road for almost 100 yards – the length of a football field.

Drunk driving is illegal in Texas and can lead to severe penalties on top of potentially causing fatal accidents. Alcohol quickly impairs a person’s judgment, making them more likely to take risky moves while driving.

Roadway Hazards

Many Texas roads are known for their potholes, construction equipment, and uneven pavement. Debris and construction equipment are also consistently on the road. While these hazards may not affect a car or truck too severely, they can quickly cause a motorcyclist to swerve, lose their balance, or strike an object unexpectedly. They can quickly suffer serious injuries or even death when hitting an object in the road. Motorcycle riders hitting fixed objects like light poles, guardrails, or traffic signs, accounts for 25 percent of motorcycle crashes and fatalities. The smaller size and less-stable characteristics of a motorcycle make roadway hazards much more dangerous for bikers.

Cars Not Seeing the Motorcycle

Being significantly smaller than passenger vehicles makes motorcycles more easily hidden in blind spots, by surrounding objects, or by other vehicles. A motorcycle weaving in and out of traffic makes it very difficult to predict where they are and if they plan on entering your lane.

Cars also have a tendency to not see motorcycles when making a left-hand turn. Typically the car will hit the motorcycle during the turn if the motorcycle is going straight through the intersection, passing the car, or trying to overtake the car. Accidents of this type are common and account for 45 percent of all roadway accidents involving a motorcycle and a passenger car. In the majority of cases, the car that hit the motorcycle while making a left-hand turn will be found at fault for the accident.

Mechanical Failure

Motorcycles are complicated vehicles with many moving parts that must be kept in good repair in order for the bike to run safely. Any defect in a motorcycle’s design or manufacturing can cause a serious malfunction that can lead to a deadly accident. If your motorcycle malfunctions in any way that causes an accident, you may qualify for a product liability case. Making sure your motorcycle is well maintained before you ride is essential to preventing an accident, but there can be defects you cannot see or fix. The motorcycle manufacturer and other companies that are part of the supply chain must be held accountable for their failures that cause you harm.

South Texas Motorcycle Accident Attorneys

Riding a motorcycle in Texas should be a fun, safe experience. Motorcyclists should not have to fear reckless drivers on the roads. If you or a loved one has been injured or killed in a motorcycle accident, our personal injury attorneys can help. At the Ezequiel Reyna Law Office, we understand the dangers that motorcyclists face on the road. While most drivers and insurance companies might want to pin the accident on you, we work hard to get you the financial compensation you deserve. Contact us today, as there is limited time to act after an accident.

Motorcycle crashes can be absolutely devastating and can cause traumatic injuries.  Even at low speeds, motorcycle injuries can be severe. Riding a motorcycle can be a fun, efficient way to get around your city; however, over 80 percent of all reported motorcycle crashes result in traumatic injury or death to the motorcyclist.

Most motorcycle crashes are caused by a car hitting a motorcyclist. Motorcycles are difficult to see on the road and many drivers do not look in their rear or side mirrors to see if a motorcycle is nearby. The motorcycle itself provides absolutely no injury protection for the rider. See below for some of the most common motorcycle accident injuries.

Head Injuries

Many motorcycle crashes involve severe head injuries. When a motorcycle comes to a sudden stop, like in a motorcycle crash, and the rider is thrown from the seat, they may hit objects in their way as well as the ground. If the rider receives a traumatic brain injury from the accident impact, they may suffer from long-lasting side effects that can be life altering and financially costly. Motorcycle accident brain injury side effects can include concussion, seizures, sleep apnea, brain fog, difficulty with memory, and a variety of other issues that can vary depending upon what part of the brain was injured.

Road Rash

When a motorcycle accident happens, and a rider is thrown from their bike, they may slide sideways across the road, receiving an injury called road rash. The pavement will scrape through the rider’s clothing, reaching down to the skin, causing the skin to tear and rip. Road rash is not just a small cut or bruise. Road rash can lead to permanent damage to the rider’s nerves or cause severe skin infections and pain. If the road rash is extremely severe, and the skin has been scraped away down to the muscle, the muscles can suffer severe injuries.

The best way to prevent road rash is to wear thick, protective clothing designed for motorcycle riders. You may see motorcyclists wear thick leather pants, jackets, and gloves – all of which can help protect them and reduce the risk of road rash during a motorcycle crash.

Broken Bones

Another very common motorcycle accident injury is the motorcyclist breaking one or more bones. Hard impacts on the road or against a vehicle can break bones in the rider’s body. Commonly broken bones include the skull, ribs, collarbone, and the bones in the arms and legs. Some breaks may just be minor fractures; however, severe breaks can lead to long recovery times and very high medical bills.

Wearing protective gear can help decrease the severity of bone breaks, but the best thing to do to help prevent broken bones while riding a motorcycle is to ride safely and defensively while on the road. Be aware of all other vehicles around you while you ride and do not speed or cut in front of other larger vehicles.

Spinal Cord Injury

Depending on how the motorcycle accident occurred, there is danger for a severe spinal cord injury to occur. The impact from the accident can send a rider flying off their bike, landing on the road, and/or their bike may land on top of their body. A spinal cord injury can result in paralysis of the rider’s entire body or specific regions of their body. This can devastate the rider’s life and require years of physical therapy and medical treatment.

South Texas Motorcycle Accident Lawyers

Motorcycle accidents are traumatic and can be very confusing for the victims and their families. By selecting quality legal representation, the injured won’t have to worry as much about their next steps because they will have the guidance and support of an experienced personal injury attorney. If you or a loved one has been injured or killed in a Texas motorcycle accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following an accident in Texas, so don’t delay.