El Paso Motorcycle Accident Lawyer

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Nick Wills, El Paso Dog Bite Lawyer

In El Paso, riding season never really ends. Mild winters and dry roads mean riders are out on I-10, Loop 375, and Mesa Street in January as well as July, and the exposure adds up.

So do the crashes, many of them caused by drivers who turn left without looking twice.

An El Paso motorcycle accident lawyer at NMW Law Firm handles the part that comes after, when an insurance adjuster starts asking about your speed, your helmet, and your riding history before asking about your injuries. Those questions are predictable, and each one has an answer.

If an adjuster is already asking about your speed or your helmet, call NMW Law Firm's El Paso office at (915) 444-5025 before you answer. Riders can reach the team any time, including weekends.

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Why Do El Paso Riders Turn to NMW Law Firm?

Motorcycle claims often come down to countering assumptions about riders with hard evidence. NMW Law Firm's El Paso office builds those cases from the start.

  • Truck-crash experience. Commercial trucking cases are the center of the firm's practice, which matters on corridors shared with 18-wheelers near the ports of entry.
  • Medical follow-through. More than 90 percent of clients come by physician referral, so orthopedic surgery, road rash care, and brain injury treatment are documented completely.
  • Track record. The firm has recovered more than $200 million across more than 3,000 cases.

Where Do El Paso Riders Face the Most Risk?

Blue and white scooter lying on its side on a city street after a crash.

Statewide, TxDOT's 2025 crash facts show 559 motorcyclists killed on Texas roads, about 15 percent of all traffic deaths that year. Riders make up a small share of traffic, so that figure reflects how little protection a motorcycle offers.

El Paso adds its own pressures:

  • I-10 through the city. Heavy through traffic, lane shifts through construction zones, and quick merges near downtown and the Spaghetti Bowl give drivers little margin to check mirrors.
  • Commercial trucks near the ports of entry. Freight headed to and from the Bridge of the Americas and the Ysleta-Zaragoza crossing puts 18-wheelers on the same corridors riders use every day. A truck's blind spots are large enough to hide a motorcycle entirely.
  • Wide arterials with left turns. Roads such as Montana Avenue, Dyer Street, and Zaragoza Road have long left-turn movements across multiple lanes, where drivers often misjudge a motorcycle's speed.
  • Glare and wind. Low sun in the morning and evening and spring wind gusts on the Transmountain and Loop 375 stretches make riders harder to see and harder to control.

Who Is at Fault in a Left-Turn Motorcycle Crash?

The left-turn crash is the pattern riders fear most for good reason. A driver turning across oncoming traffic pulls into a rider's path at an intersection or driveway, and the rider has no time to stop.

Texas law generally puts the duty on the turning driver. Under Transportation Code Chapter 545, a driver turning left at an intersection must yield to oncoming vehicles that are close enough to be an immediate hazard.

The usual defense is that the rider was speeding or "came out of nowhere." Proving fault typically means showing where each vehicle was and how fast the motorcycle was really going. That evidence can include:

  • Traffic and business camera video from the intersection
  • The car's event data recorder, which can show whether the driver paused before turning
  • Skid marks, gouges, and where the bike and car came to rest
  • Witnesses who saw the car turn

Past Case Results

What Happens When the Insurer Blames the Rider?

Many motorcyclists sense it right away: the adjuster assumes riders are reckless. That bias shows up in low offers and in arguments that the rider was speeding, weaving, or showing off.

Countering it comes down to specifics. Evidence that pushes back against the stereotype includes:

  • A motorcycle safety course certificate and years of clean riding history
  • Protective gear worn at the time of the crash
  • Proof the headlight was on and the bike was visible
  • Physical evidence and video showing a normal speed and proper lane position

Texas proportionate responsibility rules raise the stakes. If a rider is found more than 50 percent at fault, they recover nothing, and anything at or under 50 percent reduces the recovery by that share. Every percentage point the insurer assigns to the rider costs real money.

How Does Texas Helmet Law Affect Your Claim?

Who Must Wear a Helmet

Under Texas Transportation Code Section 661.003, riders and passengers must wear a helmet unless they are at least 21 and either completed an approved motorcycle operator training and safety course or are covered by a health insurance plan that provides benefits for motorcycle-crash injuries.

Anyone under 21 must wear one, and police may not stop or detain a motorcycle operator or passenger solely to determine whether they qualify for the helmet exemption.

How Helmet Use Affects a Claim

Riding without a helmet does not bar a claim and does not make the rider responsible for the crash. Insurers may still argue that a missing helmet made head injuries worse.

That argument generally requires evidence, often from a medical expert, tying the lack of a helmet to a specific injury. It does not apply to injuries a helmet wouldn't have prevented, such as a broken leg.

What Texas Law Allows

Lane splitting, which means riding between lanes of slow or stopped traffic, is not legal in Texas. Motorcycles are expected to stay within a single lane like other vehicles.

How Lane Position Affects Fault

That matters when a crash happens during slow traffic on I-10 or Loop 375. If a rider was splitting lanes, the insurer will argue a large share of fault belongs to the rider.

If the rider was in their lane and a driver merged into them, the lane position itself becomes strong evidence of the driver's fault.

What Injuries Are Common in El Paso Motorcycle Crashes?

Riders absorb crash forces directly, and injuries tend to be serious.

  • Traumatic brain injuries, from concussions to injuries that change memory, mood, and ability to work
  • Spinal cord injuries and fractured vertebrae
  • Broken legs, pelvis, and wrists, often requiring surgery and hardware
  • Road rash, which can lead to infection, skin grafts, and permanent scarring
  • Internal injuries that aren't obvious at the scene

The TxDOT data also show that 31 percent of motorcyclists killed in Texas in 2025 were not wearing helmets. For surviving riders, head injuries often drive the long-term cost of a claim.

Hear From Our Clients

What Changes When an 18-Wheeler Hits a Motorcycle?

Why These Crashes Are So Severe

Crashes between motorcycles and commercial trucks are some of the most serious cases NMW Law Firm handles. A loaded tractor-trailer can weigh up to 80,000 pounds, and a rider caught in a wide right turn, a lane change, or a sudden slowdown on I-10 has almost no protection.

More Evidence and More Defendants

These cases also involve more evidence and more defendants. The driver's hours-of-service logs, the carrier's safety history, dash camera footage, and maintenance records can all matter, and trucking companies often send their own investigators to the scene within hours.

Moving quickly to preserve that evidence can shape the entire claim.

What If the Driver's Insurance Isn't Enough?

A serious motorcycle injury can exceed the other driver's coverage before a rider leaves the hospital. Here is how the main sources of coverage compare:

CoverageTypical minimumWhen it helps
At-fault driver's liability$30,000 per person, $60,000 per crashThe first source of payment for most car-versus-motorcycle crashes
Your UM/UIM coverageYour policy's limits, unless rejected in writingWhen the driver has no insurance or too little
Interstate trucking carrier$750,000 for general freightWhen a commercial truck caused the crash

Uninsured and underinsured motorist coverage on your own motorcycle policy can fill the gap when the at-fault driver has no insurance or too little. Texas insurers must offer UM/UIM coverage, and it applies unless you rejected it in writing, so checking your policy is worth doing early.

What Evidence Should Riders Keep?

After a crash, it's natural to want the wrecked bike and torn gear out of sight. Hold on to them until your claim is resolved.

  • Your helmet and gear. Scuffs and impact marks can show how you landed and support your account.
  • The motorcycle. Damage patterns help reconstruct speed and point of impact. Ask before letting an insurer salvage it.
  • Helmet or dash camera footage. Many riders record their rides; save the files before they're overwritten.
  • Medical records and photos. Photograph road rash and bruising as they heal, since they fade quickly.

How Long Do You Have to File a Texas Motorcycle Claim?

Two Years for Most Claims

Most Texas motorcycle accident lawsuits must be filed within two years of the crash under Section 16.003 of the Civil Practice and Remedies Code.

Shorter Notice for Government Claims

A crash involving a city vehicle or a road defect may require formal notice to the government within six months or less.

Severely damaged motorcycle with exposed internal wiring parked on concrete.

FAQs for El Paso Motorcycle Accident Claims

Do you have to wear a helmet on a motorcycle in Texas?

Texas requires motorcycle riders and passengers to wear a helmet unless they are at least 21 and either completed an approved motorcycle safety course or carry health insurance covering motorcycle-crash injuries. Riders and passengers under 21 must always wear a helmet.

Can I still recover if I wasn't wearing a helmet?

Yes. Not wearing a helmet does not bar a Texas motorcycle injury claim or make the rider responsible for the crash. An insurer may argue that a helmet would have reduced a specific head injury, but that argument generally requires supporting evidence and doesn't affect unrelated injuries.

No. Lane splitting is not legal in Texas, and motorcycles are expected to stay within a single lane. A rider who was lane splitting at the time of a crash can expect the insurer to argue that the rider shares a significant part of the fault.

Who is at fault in a left-turn motorcycle accident in Texas?

In a Texas left-turn motorcycle accident, the turning driver is usually at fault, because drivers turning left must yield to oncoming vehicles that are an immediate hazard.

Fault can shift if the rider was speeding or ran a red light, so speed and signal evidence often decide the case.

How much is a motorcycle accident case worth in Texas?

The value of a Texas motorcycle accident case depends on the severity of injuries, medical costs, lost income, long-term limitations, the share of fault assigned to each party, and the available insurance. Cases involving brain injuries, spinal injuries, or permanent disability are typically valued highest.

Get Help After a Motorcycle Accident in El Paso

"I didn't see the motorcycle" is one of the most familiar things drivers say after a crash, and it is not a defense.

NMW Law Firm investigates what the driver could and should have seen, deals with the insurer's assumptions about riders, and makes sure your treating doctors' findings shape the value of your claim.

The El Paso office on North Kansas Street picks up at (915) 444-5025, including nights and weekends, and there is no cost to find out where your claim stands. No two crashes are alike, and results depend on the facts.

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