Waco Motorcycle Accident Lawyer

Finding the right Waco motorcycle accident lawyer often starts with two numbers: how much of the blame lands on the rider, and how much insurance money is actually there to pay for it. Callahan & King, PLLC represents motorcycle riders hurt in Waco, across McLennan County, and anywhere in Texas.

A crash leaves you hurt, out of work, and fielding calls from an adjuster who already has a theory. Both numbers above can move, and the money available is often more than the at-fault driver’s policy suggests.

We help injured riders across Texas with motorcycle accident claims. Call 254-717-8600 or contact us for a case review.

Why Waco Riders Choose Callahan & King

Our attorneys average around 15 years in practice, and our team brings more than 50 years of combined experience to motorcycle and other personal injury claims across Texas. We keep our fees competitive without cutting corners on the work, so you get a thorough case built for less than many larger firms charge. When you call, you reach our own staff, not an answering service, and we keep you current on your file as your claim moves through the fault percentage and the coverage layers below.

What to Do After a Motorcycle Accident in Waco

A few steps taken in the first hours after a motorcycle crash in Waco help protect both your health and your claim:

• Get treated the same day: A gap between the crash and your first treatment gives the insurer room to argue your injuries came from somewhere else.
• Photograph the scene before it is cleared: The bike’s resting position, the road surface, and the state of your helmet and gear disappear within hours.
• Recorded statements come early for a reason: A statement given in the first week is often built around a diagnosis no doctor has made yet.

How Texas Fault Rules Decide What a Rider Recovers

In Texas, a rider blamed for more than 50% of a crash recovers nothing. A rider blamed for 50% or less still recovers, but the award drops by that same share.

That bar comes from Section 33.001 of the Texas Civil Practice and Remedies Code. It blocks recovery once your share of the blame passes 50%. Below that line, Section 33.012 of the Texas Civil Practice and Remedies Code cuts your damages by your own share of the blame.

The table below is an illustration based on a hypothetical $200,000 in damages, not a result we obtained or predict.

That cliff at 51% is why the rider’s share of responsibility is the number a defense lawyer works hardest to move. Defense arguments go after lane position and speed.

Those arguments run on Texas’s lane-position and safe-lane-change rules, which require drivers to stay in their lane and change lanes only when it is safe to do so.

How Long Do I Have to File a Motorcycle Accident Claim in Texas?

Texas gives you two years to file a personal injury lawsuit over a motorcycle crash. The two years run from the day the cause of action accrues, meaning the date of the crash itself in most cases. If the crash was fatal, the two years run from the date of death.

Section 16.003 of the Texas Civil Practice and Remedies Code sets both periods. Deadlines inside an insurance policy can run much shorter. Missing the statutory deadline generally ends the claim.

Does Not Wearing a Helmet Affect My Claim in Texas?

Texas law answers only half of that question. It requires protective headgear on a motorcycle and makes riding without it a traffic offense, but the headgear statute says nothing about how helmet use is weighed in a civil damages case, which turns on the facts of the crash. Riders at least 21 years old are excepted from the headgear requirement if they have completed an approved motorcycle operator training and safety course or are covered by a qualifying health insurance plan. Section 661.003 of the Texas Transportation Code creates the offense and the exception.

A peace officer may not stop a rider just to check the course or the coverage. The offense is a misdemeanor fined at $10 to $50. It is worth raising with a lawyer early.

What If the Driver’s Insurance Will Not Cover My Injuries?

Texas requires a driver to carry only $30,000 of liability coverage for injury to one person. In a serious motorcycle injury, that policy often runs out long before the medical bills do.

The next place to look is your own policy, which may carry uninsured or underinsured motorist coverage, the part that pays when the other driver’s coverage falls short. Section 601.072 of the Texas Transportation Code sets that floor: $30,000 for injury to one person, $60,000 for two or more people in one collision, and $25,000 for damage to the property of others. A single hospital stay after a motorcycle crash can pass the $30,000 per-person minimum on its own.

Pull your own policy’s declarations page (the summary page listing your coverage types and limits) and look for uninsured or underinsured motorist coverage. Texas law requires insurers to offer this coverage on every auto liability policy, so it should be there unless you rejected it in writing. Every available layer of coverage matters in a serious motorcycle injury, and finding all of them is where thorough case work pays off.

Who Can File a Claim After a Fatal Motorcycle Crash?

Under Texas law a wrongful death action belongs to the surviving spouse, children, and parents of the person who died. Any one of them may file it for the benefit of all.

Section 71.004 of the Texas Civil Practice and Remedies Code makes the action the exclusive benefit of those family members. If none of them files within three calendar months of the death, the estate’s executor or administrator must bring it. That duty drops only if all of them ask otherwise.

A wrongful death claim carries the same two-year deadline, but running from the date of death rather than the crash. Families often bring the injury claim and the wrongful death claim together.

What to Expect When You Work With Callahan & King

Here’s how the process works once you call us about your motorcycle accident claim:

1. Free case review: We go over what happened, your injuries, and the insurance coverage involved so you know where you stand.
2. Investigation: We pull the police report, gather scene evidence, and get your medical records so the full picture of what happened is documented before memories fade or evidence disappears.
3. Dealing with the insurer: We handle all communication with the adjuster, including any recorded statement requests, so you’re not negotiating your own claim while you’re still recovering.
4. Negotiation or litigation: Most claims resolve through negotiation, but if the insurer won’t offer a fair number, we’re prepared to file suit before the two-year deadline runs.
5. Resolution: You get a clear explanation of any settlement or verdict and what it means for your medical bills, lost wages, and ongoing care.

FAQ: What Riders Ask About Motorcycle Claims in Texas

Do I Need a Police Report to File a Motorcycle Accident Claim in Texas?

A police report is not legally required to file a claim, but it usually helps. It documents the scene, the parties involved, and often an initial assessment of fault, which can support your case later even though the report itself is not the final word on liability.

How Long Does a Texas Motorcycle Accident Claim Take to Resolve?

Timing depends heavily on how long medical treatment lasts and whether the insurer disputes fault. A claim that resolves through negotiation can wrap up in a matter of months, while one that requires filing a lawsuit before the two-year deadline can take considerably longer.

What If the Crash Happened Outside McLennan County?

The same Texas fault and insurance rules apply anywhere in the state, so a crash in a different Texas county doesn’t change the underlying law. We take motorcycle cases across Texas, not only in Waco and McLennan County.

Talk to a Waco Motorcycle Accident Lawyer

Callahan & King, PLLC takes motorcycle injury cases in Waco, throughout McLennan County, and anywhere in Texas. You’ll hear from a real person on our team throughout your case, not a recording or a service reading from a script.

A Waco motorcycle accident lawyer can help sort out the fault percentage and the insurance layers while the two-year filing clock keeps running. Call 254-717-8600 or contact us to talk through what happened.