Open today · Mon–Fri 8am–6pm · Sat 9am–2pm|Serving El Paso County & surrounding areas
EL PASO MOTORCYCLE ACCIDENT ATTORNEY

El Paso Motorcycle Accident Lawyer — Riders Deserve a Fair Claim

A driver who did not see you is still a driver who was at fault. We document the crash, counter the rider bias and pursue your medical bills, lost wages and pain on a no-win, no-fee basis.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

El Paso's dry weather and open roads make it a year-round riding town, from Scenic Drive and Transmountain to the long stretches of Montana Avenue and I-10 toward Anthony. The danger is not the ride; it is the driver who turns left across your lane or changes lanes into you because they never looked. Motorcyclists have no crumple zone, so even a low-speed crash means road rash, broken bones, shoulder and knee surgery or head injury. A motorcycle accident claim is for any rider or passenger hurt by a negligent driver. Navar Law represents injured riders throughout El Paso County and understands the specific hurdles motorcycle claims face.

Motorcycle claims follow the same Texas negligence rules as car crashes — two years to file suit under Civil Practice and Remedies Code section 16.003, and proportionate responsibility under Chapter 33 that reduces your recovery by your percentage of fault and bars it at 51 percent. That last rule is where riders get hurt twice: adjusters reflexively blame the motorcyclist for speeding, lane splitting or being hard to see. Texas Transportation Code section 661.003 requires a helmet only for riders under 21 or without the training or insurance exemption, and Texas law does not allow an insurer to deny a claim simply because an adult rider chose not to wear one, though it may argue the choice worsened a head injury.

We counter the bias with evidence: the El Paso Police crash report, intersection and business camera footage, skid and debris measurements, witness statements and, when needed, an accident reconstruction. We handle all contact with the insurers, document your medical care and lost income, and send a demand once your recovery is understood. Most El Paso motorcycle claims settle at this stage without a lawsuit or any court appearance. If an insurer clings to a rider-blaming story and refuses a fair offer, we file suit in El Paso County with your approval. Riders who negotiate alone are routinely told the crash was their fault; a lawyer forces the insurer to prove it.

Common causes of El Paso motorcycle crashes

The classic motorcycle crash is a left-turning driver who fails to yield to an oncoming rider, which Texas Transportation Code section 545.152 squarely prohibits. Close behind are lane-change collisions on I-10 and Loop 375, drivers pulling out of parking lots along Montana and Mesa, rear-end hits at stoplights, and dooring in downtown El Paso. Road hazards such as gravel, potholes and unmarked construction on county roads can also support a claim against a contractor or, with strict notice deadlines, a government entity.

Damages riders can recover and the insurance that pays

A motorcycle claim can include emergency and surgical care, physical therapy, future medical needs, lost wages, diminished earning capacity, pain, mental anguish, physical impairment and scarring, which is common with road rash and skin grafts. The damaged bike and riding gear are a separate property damage claim we can pursue at the same time. Because Texas minimum liability limits are only $30,000 per person, serious rider injuries frequently exceed the at-fault driver's policy.

That is why we check your own motorcycle policy for uninsured and underinsured motorist coverage and personal injury protection, and why we look for other responsible parties such as an employer whose driver was on the clock. Stacking these sources is often the difference between a claim that covers your bills and one that does not.

What's included

  • Free consultation and written contingency agreement — nothing upfront
  • Crash report, camera footage requests, scene photos and witness statements
  • All insurer communications handled by our office — no recorded statements without counsel
  • Medical records, bills and lost-wage documentation gathered and summarized
  • Review of your own policy for UM/UIM and PIP coverage
  • Detailed demand package, negotiation and lien reduction
  • Lawsuit filed in El Paso County if the insurer refuses a fair offer

How it works

01

1. Free case review

We hear what happened, review the crash report and your injuries, identify every policy that may apply, and explain the contingency fee. If we take the case, we sign that day and notify the insurers to deal with us.

02

2. Evidence and medical documentation

We secure footage and witness accounts before they disappear and build the fault picture. You focus on treatment while we track bills, wage loss and the long-term impact on your ability to ride and work.

03

3. Demand and resolution

Once you are released, we send a documented demand and negotiate. Most El Paso rider claims settle here. If the insurer will not be fair, we discuss filing suit and you make the call.

Official resources

Frequently asked questions

Common questions about motorcycle accidents in El Paso

I was not wearing a helmet. Can I still file a claim in Texas?

Yes. Texas allows adult riders 21 and over to ride without a helmet if they have completed a safety course or carry qualifying health coverage, and not wearing one does not make the crash your fault. The insurer may argue a helmet would have lessened a head injury, which can affect damages for that injury only. Injuries to your legs, arms, back and torso are unaffected.

The driver says they never saw me. Whose fault is that?

Theirs, in most cases. Texas drivers have a duty to keep a proper lookout and to yield before turning left or changing lanes. Not seeing a motorcycle that was lawfully in the lane is negligence, not an excuse. We use camera footage, sight-line photos and witness statements to show you were visible and where you were supposed to be.

Do I have to go to court for a motorcycle accident claim?

Usually not. Most motorcycle injury claims in El Paso settle with the insurer through a documented demand and negotiation, with no lawsuit. Because insurers lean on rider bias, motorcycle cases are somewhat more likely than car cases to require a filed suit before a fair offer appears. Even then, the large majority settle at mediation, and we prepare you for every step.

How much does a motorcycle accident lawyer cost in El Paso?

Nothing out of pocket. Motorcycle cases are taken on a contingency fee: a percentage of the recovery, stated in your written agreement before we start, and paid only if we obtain money for you. Case expenses such as records and expert fees are advanced by the firm and explained upfront. No recovery means no attorney fee.

How long does a motorcycle injury claim take in El Paso?

Because rider injuries often involve surgery and months of rehabilitation, most claims resolve four to twelve months after treatment ends. We do not send a demand before the full extent of your injuries is known, since a settlement closes the claim permanently. If suit is filed in El Paso County, expect another year or more, though most cases settle before trial.

Get started

Have a legal matter to discuss?

Call the office or send a message. Free case review, no obligation.