Texas Motorcycle Accident FAQ

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You Can Trust Our Lawyers to Fight for Your Rights in Dallas Motorcycle Injury Claims

If you were seriously injured and are not at fault, choosing the best motorcycle accident lawyer to represent you is critical. And you can afford the best one you can find because personal injury lawyers only charge a percentage of the settlement they obtain for you.

Mullen & Mullen Law Firm has been in business in the Dallas since 1982; that’s 40 years of experience. Our lawyers combined have 90 years of experience and have won hundreds of millions in accident compensation for clients.

Our legal team will use their vast knowledge to do battle with the insurance company on your behalf and will get you the maximum compensation allowable by law for your Dallas motorcycle accident. We have the financial stability necessary to go to war with the at fault party’s insurance company.

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Here’s Why Our Motorcycle Injury Attorneys Offer the Best Legal Strategies

The insurance company is not your friend if you were hurt in a motorcycle collision. They don’t exist to help you recover compensation or to pay you a fair amount of money for your injuries, pain, and suffering. They exist solely to make money for their shareholders and executives and will strive to delay, reduce, and deny your claim.

Our founder, Attorney Regis Mullen, used to represent a huge insurance company, and we also have a former insurance adjuster who works for us. We know the tactics insurers use to deny and reduce settlements. We provide the best legal strategies available for obtaining a maximum settlement.

Most Dallas Motorcycle Accident Lawyers Charge 33.3% of Settlement. We Only Charge 29%

Mullen & Mullen has saved clients many thousands of dollars in attorney’s fees. The majority of motorcycle accident law firms charge 33.3% which they take from your final settlement amount. But if a lawsuit has to be filed it could be as high as 50%. We only charge 29%, as long as your case does not require litigation.

It’s because of the quality of our compensation agreements that we can make this special offer. Just mention the discounted rate when you first contact us. Our lawyers will explain your legal rights and options and there is never any pressure to hire us.

Texas Law on Motorcycle Accidents FAQ

Are motorcycle collision claims similar to car accident claims?

They are very similar. Most insurance coverage and available damages will be the same. After reviewing this page we also suggest you click on the car accidents page for more information.

In most claims, the at-faulty party’s insurance carrier will attempt to argue that you were also at-fault for the collision. They can suggest you were speeding, or not wearing a helmet. It is very important, therefore, that liability on the at-fault party be strongly established. This is just one reason you need a Dallas motorcycle injury attorney.

Are witnesses important to your motorcycle injury claim?

Yes. Especially if the insurance company attempts to deny liability on your claim or suggests you were more than 50% at fault for the wreck. You must remember to ask witnesses to provide a date of birth and driver’s license number in addition to his or her name, address, and telephone number.

Our accident investigator will seek to locate witnesses to the motorcycle wreck even if the witness has not been included in the police report. Our investigator has experience in canvassing accident locations to discover possible witnesses.

No. They will not just assume you were injured. They will make you prove you were injured. It is imperative that you seek medical care as soon as you first experience any symptoms whatsoever that you attribute to the motorcycle wreck.

Important: If you delay seeking medical treatment for your injuries the insurance company is likely to argue or suggest that your claim involves a “gap in treatment” – or period of time where you received no medical treatment. They often use a gap in treatment to suggest you were not really injured.

If the police can’t figure out who was responsible for my motorcycle wreck can I still recover damages for my injuries?

Yes.  A jury could determine your version of the accident is more credible. Unknown witnesses might be discovered. An accident Reconstructionist could establish liability on the at-fault party through the use of various calculations and measurements.

Our accident investigator has been trained to develop “swearing match” cases. Witnesses you know of can be quickly interviewed and various businesses or homes near the accident site can be canvassed to determine if anyone witnessed the wreck. Our Dallas motorcycle accident attorneys can retain an accident Reconstructionist expert if necessary at no up-front cost to you, if warranted by the circumstances of your injury claim.

What agencies and/or organizations might have records relating to my collision, or the at-fault driver?

Depending on the facts and circumstances of your motorcycle collision the following agencies or organizations could be in possession of various documents that could be helpful:

  1. Texas Department of Public Safety;
  2. United States Department of Transportation;
  3. Federal Highway Administration;
  4. Texas Department of Transportation; and
  5. Texas Transportation Commission.

Our attorneys in Dallas, Plano, Frisco, and Fort Worth regularly submit records requests to the government entities above any many others. If you hire us we quickly request all available documents arising from the motorcycle wreck you were involved in as well as searching for public documents linked to the at-fault driver(s).

Filing Liability & First-Party Injury Claims

What is a liability claim?

You file a liability insurance claim with the carrier for the at-fault party, i.e. the operator of the motor vehicle that hit you.

If the driver of the automobile that hit you did not have a driver’s license you may be able to file a claim against them for negligently entrusting said vehicle to an unlicensed or incompetent driver. In addition, if the at-fault party was in the course and scope of his or her employment you can file a liability claim against that person’s employer under the recognized doctrine of Respondeat Superior.

What are First-Party claims in a motorcycle accident injury?

First-party insurance claims are those filed with your own insurance company and/or the insurance company for the owner of the vehicle you were operating. They could include:

  1. PIP (“Personal Injury Protection”) Claims: This is “no-fault” insurance to reimburse you for medical bills and/or lost wages. (Remember: PIP coverage of $2,500.00 must be afforded to you unless your insurance company can produce a signed document showing you waived this coverage.); and
  2. MedPay Claims: Similar to PIP claims, but the insurance carrier is entitled to an offset if you recover against a third-party;
  3. UIM Claims (underinsured motorist claims):  To recover UIM damages you will first need to obtain a policy-limits offer from the at-fault party’s insurance carrier. You are entitled to this coverage in the amount of $30,000.00 unless your insurance can produce a signed document showing you waived this coverage. (Remember: You must get permission from your insurance company to accept a policy limits settlement offer from the liability carrier. Failure to do so could result in a denial of coverage under your own policy of insurance);
  4. UM  Claims: A UM claim is also known as an uninsured motorist claim. This coverage is applicable if the person that hit you did not carry insurance as required by law. (Remember: If you were involved in a “hit-and-run” it is imperative that the at-fault party made actual physical contact with your motorcycle or person – otherwise coverage will likely be denied. In the context of a liability claim, however, no actual physical contact is necessary. If a driver came into your lane, for example, and you laid your bike down to avoid being hit you could still pursue the negligent driver for damages).

What are the minimum liability limits involved in a Dallas motorcycle accident case?

Texas law requires motorists to carry at least $30,000 per person / $60,000 per accident liability limits. Many times the at-fault vehicle will have significantly higher coverage limits of $250,000 per person / $500,000 per accident or higher.

Example: If you and a passenger were both injured in the same motorcycle collision and the at-fault driver’s policy limits are $30,000 per person / $60,000 per accident the most you or your passenger could get a piece under the insurance policy is $30,000 and the most the liability carrier would have to pay out in total is $60,000 – even if, for example, one of you broke several bones in the wreck.

It is exceedingly important to identify all sources of available insurance coverage. Our attorneys will file all available claims or potentially available claims at the onset of your case to protect your legal rights. In addition, our firm performs asset searches on at-fault drivers with low liability limits who may have assets that could be acquired in addition to the available insurance monies.

Getting Your Motorcycle Repaired or Replaced in a Timely Manner

Never. The body shop recommended by the liability insurance carrier is being recommended for a reason. They generally charge the insurance company less for repairs or do not utilize the best available parts or have the most qualified mechanics. The liability insurance company wants the property damage to be as low as possible so they can argue later that you were not injured. (The Property Damage Denial: “There was only $750.00 in damage to the motorcycle. How could you be injured?) Take your motorcycle to the dealership where you purchased it or a qualified service facility of your own choosing. You get to pick who repairs your vehicle.

Do you get a rental car if you are involved in a motorcycle accident?

Yes, but usually only if your motorcycle can be repaired. If your bike has been totaled you likely will not be entitled to a rental vehicle from the at-fault party’s insurance carrier but you could have rental coverage on your own policy that would be applicable.

Can we assist you in obtaining a rental vehicle?

Yes, we routinely assist clients in obtaining a rental car while the liability carrier for the at-faulty party is determining whether your motorcycle is a “total loss”.

Can you claim your motorcycle has diminished in value because of the accident?

Yes, but this usually requires obtaining an expert to establish the amount of diminished value. We routinely advance money to clients to help establish diminished value if the diminished value is significant.

What can you recover if your motorcycle has been totaled?

If your motorcycle is deemed a “total loss” by the at-fault party’s insurance carrier or your own insurance carrier you are entitled to recover the fair market value of your vehicle or damages equal to what like and similar motorcycles are being sold for in the open market. This is not measured by KBB or NADA.

Assistance Obtaining Necessary Medical Care for Your Injuries after a Motorcycle Accident

Should you go to the emergency room if you have any pain whatsoever after being involved in a collision?

Yes. Play it safe and get checked out. It is important that your onset of pain be documented and if you don’t go to the hospital the insurance adjuster assigned to your claim is likely to argue you weren’t that hurt if you don’t go to the emergency room.

What sort of injuries could you have sustained in the motorcycle wreck?

We have noticed that injuries to the spine are fairly typical in Dallas motorcycle accident injury claims. These spine injuries can be soft tissue type injuries or more serious in nature such as a herniated disc or protruding disc. Of course, road rash injuries, cuts, and lacerations are also common. Other frequent injuries we have observed include:

  1. Broken or fractured bones;
  2. Lumbar (low back) injury requiring fusion or discectomy;
  3. Cervical (neck) injury requiring fusion or discectomy;
  4. Broken ribs;
  5. Torn muscles in the knee;
  6. Torn rotator cuffs; and
  7. Concussions
  8. Traumatic brain injuries

Can you get medical treatment even if you don’t have health insurance or can’t afford to pay your deductible?

Some medical providers specialize in treating motorcycle and car accident victims and delay billing for services until the conclusion of an injury claim.

Whether you need surgery, physical therapy, injections, imaging studies, chiropractic care, pain management, or other medical services our Dallas motorcycle accident injury attorneys can assist in locating a doctor, orthopedic, surgeon, chiropractor, or facility to provide services to you. These medical providers will delay payment until the conclusion of your injury claim so that you have no out-of-pocket expenses while you are recovering.

Proving-Up Economic Damages in Dallas Motorcycle Accident Cases

Can you recover damages for money you lost because you couldn’t work following the wreck?

Yes. It is imperative, however, that these damages be “proved-up” or established by a preponderance of the evidence. Our lawyers can provide you with documents to give to your employer to assist you in establishing your lost wages.

Can you recover damages for wages you will lose in the future due to the injuries you sustained?

Yes. These damages are referred to as Loss of earning capacity. Our lawyers often retain Economists, Vocational Rehabilitation Consultants, or both to help clients establish lost earnings from the past and loss of earning capacity in the future.

Are you potentially entitled to other economic damages as a result of a motorcycle accident?

If you were injured you might also be entitled to these additional economic damages:

  1. Past medical expenses (“Reasonable and Necessary”);
  2. Future medical expenses (“Reasonable and Necessary”);
  3. Motorcycle repair cost;
  4. Replacement motorcycle cost; and
  5. Diminished value to your motorcycle.

Our attorneys utilize Life Care Planners on traumatic injury cases when necessary. We front this expense for you to help establish the necessity of life-long accommodations as a result of the injuries sustained in a motorcycle wreck.

Establishing Non-Economic Damages Like Pain & Suffering

Can you recover non-economic damages for your motorcycle injuries in Texas?

If you were injured you may be entitled to the following damages:

  1. Past and future pain and suffering;
  2. Past and future mental anguish;
  3. Past and future physical impairment; and
  4. Loss of consortium.

The above damages are not easily quantifiable. You never know what kind of jury you might get. Unlike damages for your medical bills (which are easy to calculate) no lawyer can absolutely state what a jury would award for the above damages as it could differ wildly based on several factors.

Our lawyers monitor recent verdicts to use in evaluating cases. Even more importantly, our firm has 40 years of past results that allow us to evaluate cases in light of prior similar cases with similar injuries. Our Dallas motorcycle accident lawyers will zealously advocate for non-economic damages and will work with you to develop the theme of your injury claim.

Our motorcycle accident injury lawyers often prepare and utilize “day in the life videos.”

These videos track a client throughout his or her day, demonstrating how the collision has impacted every aspect of life. These videos let the insurance adjuster better understand your claimed injuries and limitations.

Punitive & Exemplary Damages in Dallas Motorcycle Collision Claims

What are exemplary damages in Dallas motorcycle accident injury claims?

Exemplary damages, better known as punitive damages, are difficult to obtain but are meant to punish at-fault parties. They require a finding of gross negligence or recklessness.

When might punitive damages be recoverable?

Some situations where punitive damages could be argued and/or awarded include:

  1. If the Defendant was drinking and driving and/or intoxicated;
  2. If the Defendant hadn’t slept for an extended period of time;
  3. If the Defendant was on his cell phone and excessively speeding;
  4. If the Defendant was racing another vehicle; and
  5. Any other situation in which the Defendant was reckless or grossly negligent.

Negotiating a Dallas Motorcycle Accident Settlement

What do our lawyers guarantee?

We will fight passionately for you. There’s a reason we’ve been helping injured motorcycle victims for 40 years. We get results. Due to the results we obtain we are fortunate to have the majority of our new clients referred to us by former satisfied clients.

How much is my motorcycle injury claim worth?

Be weary of injury attorneys who immediately try to guarantee you results or tell you what your case is “worth.” Case value is dictated by several factors, including arguments raised by the insurance adjuster.

One of our Dallas motorcycle accident lawyers will personally analyze each and every case in the office and review the settlement proposal submitted to the insurance company(ies) on your behalf.

We offer clients a contingent contract with no attorney fees due unless we obtain you a recovery. We are on your team and our primary goal is the same: Obtain the highest possible settlement we can for you.

What factors impact Dallas motorcycle accident injury claim values?

Many factors can influence the value of an injury claim. They include some of the following:

  1. Arguments raised by the insurance adjuster / defense attorney;
  2. Gaps in medical treatment;
  3. Comparative negligence;
  4. Subjective injuries (soft-tissue and sprain/strain) vs. Objective injuries (broken or fractured bones);
  5. Amount of medical bills incurred;
  6. The amount of future expected medical bills;
  7. Liability factors (Defendant on telephone at time of motorcycle wreck, for example); and
  8. Emotional aspects of your story (For example, if collision caused you to lose your house).

Is the insurance company likely to argue you were also negligent?

If they can they will. Insurance companies know people often have bias against bikers and just assume they all speed. The insurance company is likely to argue somehow someway you were also negligent – called comparative negligence. They can say you were speeding… were inattentive… should have proceeded through an intersection more carefully.

If you are also determined to have been negligent in the accident your percentage of fault will be deducted from the total damages awarded. For example, if a jury awarded you $250,000 in damages but determined you were 40% at fault the final verdict would be adjusted to $150,000.

Can you recover damages if you are 60% responsible for the motorcycle collision?

No. You can only recover damages if it is argued or a jury determines you were not more than 50.0% at fault.

Will the insurance company fight the amount of my medical bills?

Wrong. Insurance companies offer retain “independent” doctors (who just happen to mostly work with insurance companies) to perform peer reviews. These hired guns, or the insurance adjuster, will likely argue at least some portion of your medical treatment was unnecessary or at least some portion of your medical bills were unreasonable.

If the motorcycle accident aggravated a previous injury can you still recover damages?

Yes. Texas recognizes the “Eggshell Plaintiff” doctrine. In short, you take the Plaintiff as he or she is meaning if a person is more susceptible to injury due to some other injury or condition you are still responsible for additional damages that might result. For example, you could have degenerative disc disease that was asymptomatic before the accident but became painful after the wreck. Another example would be a prior injury that you had recovered from but reappeared after the accident.

We are familiar with the “Eggshell Plaintiff” doctrine and often request prior medical records to demonstrate injuries were aggravated by a motorcycle wreck. Our injury lawyers often assist clients with preparation of witness fact affidavits from friends and family members detailing how the collision at issue subsequently impacted your life.

Should You Settle or File a Motorcycle Accident Lawsuit?

Whether to accept the insurance company’s final offer is dependent on several factors, including additional attorney fees and case expenses associated with the filing of a lawsuit.

We will advise you the same way we would a good friend or family member. Mullen & Mullen’s Dallas injury attorneys will recommend the course of action that is BEST FOR YOU… the one that will put the most amount of money in your pocket. The final decision, however, is completely yours to make.

What generally happens if a lawsuit is filed?

Litigation entails several things:

  1. Lawyer fees generally increase;
  2. Expenses on your case generally significantly increase;
  3. You begin a process that generally lasts 6-9 months if the case settles or – possibly – over a year if a trial is necessary; and
  4. You must typically assist in answering written questions, participate in a deposition, and attend a mediation session.

Bias Against Motorcycle Drivers & Comparative Negligence

Can insurance adjusters or jurors potentially be biased against motorcycle drivers?

Absolutely. Some insurance adjusters and some jurors may have a natural tendency to associate all bikers with those they have seen flying down the highway. It is important, therefore, to make sure evidence is developed demonstrating you were following the rules of the road and operating your motorcycle in a safe and reasonable manner.

Does it matter if you were wearing a helmet or not?

Yes. Insurance adjusters could argue and/or a jury could determine you were comparatively negligent for not wearing a helmet. The insurance company will undoubtedly suggest your injuries were made worse because you didn’t follow the law and wear a helmet.

Consultations Are Free. Talk To a Lawyer Today.

Call (214) 747-5240 for Help Now!

Mullen & Mullen Law Firm
1825 Market Center Blvd #200
Dallas, TX 75207


We will come to your home, office, or hospital room if it makes it easier on you!

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