Motorcycle accidents can cause devastating injuries, especially when questions arise about whether lane splitting played a role in the crash. While motorcycles offer greater maneuverability than passenger vehicles, not every riding maneuver is permitted under Texas law.
If you were injured in an accident in Austin, Texas, the Austin lane-splitting accident lawyers at McMinn Law Firm can help. With over 40 years of combined experience and more than $500 million recovered for injured clients, our firm knows how to investigate complex motorcycle accident claims and fight for the compensation victims deserve.
Contact us at (512) 474-0222 for a free consultation.
How McMinn Law Firm Can Help After a Lane-Splitting Accident in Austin, TX
Motorcycle accidents in Austin, TX, often involve disputed liability, conflicting witness accounts, and insurance companies that attempt to place the blame on the rider. Cases involving alleged lane splitting can be even more challenging because insurers may argue the motorcyclist acted negligently.
When you hire our Austin personal injury lawyers, we can:
- Conduct a thorough investigation into the accident
- Gather police reports, photographs, surveillance footage, and witness statements
- Analyze whether lane splitting actually occurred and how it contributed to the crash
- Work with accident reconstruction experts when appropriate
- Identify all liable parties and available insurance coverage
- Calculate the full value of your current and future damages
- Handle negotiations with the insurance companies
- Prepare your case for trial if a fair settlement cannot be reached
At McMinn Law Firm, our goal is to protect your rights while you focus on your recovery. Contact our Austin motorcycle accident lawyers today for a free consultation.
Is Lane Splitting Legal in Texas?
No. Lane splitting is illegal in Texas. Lane splitting generally refers to a motorcycle traveling between two lanes of slow-moving or stopped traffic. Although some states allow or regulate the practice, it is illegal in Texas, and law enforcement may cite riders for unsafe driving behaviors associated with lane splitting.
It is important to remember, however, that simply because a motorcyclist was lane splitting does not automatically mean they caused an accident or cannot recover compensation.
Does Lane Splitting Automatically Prevent You From Recovering Compensation?
Not necessarily. Texas follows a modified comparative fault system. Under Texas Civil Practice and Remedies Code Section 33.001, you may still recover compensation as long as you are not more than 50% responsible for the accident. If you are partially at fault, your compensation will be reduced by your percentage of responsibility.
For example, if your damages total $200,000 but you are found 20% responsible, you could still recover $160,000.
Insurance companies often try to argue that lane splitting makes the motorcyclist entirely responsible. An experienced motorcycle accident attorney in Austin can investigate the facts and challenge unfair attempts to shift the blame.
Common Causes of Lane-Splitting Motorcycle Accidents
Even when lane splitting is involved, the actions of other motorists frequently contribute to collisions.
Common causes include:
- Drivers changing lanes without checking blind spots
- Distracted driving
- Sudden lane changes
- Aggressive driving or road rage
- Following too closely
- Speeding
- Failure to signal before changing lanes
- Congested traffic conditions
- Poor roadway maintenance or debris
Every accident requires a careful investigation to determine exactly what happened and who shares responsibility.
Common Injuries in Lane-Splitting Accidents
Because motorcycles offer little protection during a collision, injuries are often severe.
Victims may suffer:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Road rash
- Internal injuries
- Neck and back injuries
- Facial injuries
- Amputations
- Permanent disability
Many of these injuries require extensive medical treatment, rehabilitation, and time away from work.
What Compensation Can You Recover After a Motorcycle Accident?
If another person’s negligence contributed to your injuries, Texas law may allow you to recover compensation for both your economic and non-economic damages.
Depending on your case, compensation may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
An experienced Austin motorcycle accident attorney can evaluate your losses and pursue the full compensation available under Texas law.
How Long Do You Have to File a Motorcycle Accident Claim in Texas?
Texas generally gives injured accident victims two years from the date of the accident to file a personal injury lawsuit. Missing this deadline may prevent you from recovering compensation.
Certain exceptions can apply, so speaking with an attorney as soon as possible is the best way to protect your rights.
Contact an Austin Motorcycle Accident Lawyer for a Free Consultation
Motorcycle accidents involving alleged lane splitting often raise difficult questions about fault and insurance liability. Even if lane splitting is alleged, you may still have the right to recover compensation under Texas law. The key is conducting a thorough investigation and building a strong case supported by the evidence.
If you were injured in a motorcycle accident in Austin, McMinn Law Firm can evaluate your case, explain your legal options, and fight for the compensation you deserve. Contact us today for a free consultation with an Austin motorcycle accident lawyer.