Common Misconceptions About Motorcycle Accidents
Motorcycle accidents can have a devastating impact on victims. Unfortunately, there are many misconceptions and unfair stereotypes about motorcyclists, which can result in inadequate legal protection.
If you've been involved in a motorcycle accident, you deserve to know your rights and have solid legal representation. It's time to bust those myths and focus on justice.
At the Law Office of Steve Brannan, we have served personal injury victims since 1980. Led by Attorney Steve Brannan, who has been practicing law since 1975, we take a hands-on approach and personal interest in every client as we tirelessly advocate for full and fair compensation.
With Attorney Brannan's extensive experience and certification as a Board-Certified personal injury trial lawyer, we handle your case with professionalism and care.
If you’re a West Texas resident, including Odessa, Midland, Big Spring, Pecos, Andrews, and surrounding areas, and you're seeking legal help after a motorcycle accident, you've come to the right place.
Let's debunk some major misconceptions and clarify your legal options so that you can pursue justice and compensation.
Misconception #1: Motorcyclists Are Always to Blame for Crashes
One of the most pervasive misconceptions about motorcycle accidents is that motorcyclists are reckless thrill-seekers who are responsible for most crashes. This simply isn’t true.
According to the National Highway Traffic Safety Administration (NHTSA), many motorcycle accidents are caused by other drivers failing to notice motorcyclists on the road. Other common causes include drivers not checking blind spots, failing to yield the right of way, or acting negligently while overtaking motorcyclists on highways.
Motorcyclists face several challenges, including a lack of physical protection and visibility compared to cars and trucks, making even minor driver errors potentially catastrophic for them. If another road user’s negligence played a role in your crash, you have the right to hold them accountable.
Misconception #2: Motorcycle Riders Don’t Need a Lawyer
Some people believe they can handle their motorcycle accident claim alone or that it’s simply not worth hiring a lawyer. However, you should know that insurance companies work aggressively to minimize payouts; this is especially common with motorcycle accident victims due to lingering stereotypes.
When you work with an experienced personal injury attorney, you’re not leaving money on the table when it comes to recovering damages like medical bills, lost wages, or pain and suffering. Our firm has always stood up to insurance companies and fought for the rights of motorcyclists.
Misconception #3: You Cannot Recover Compensation Without Wearing a Helmet
While Texas law mandates all motorcycle riders under the age of 21 to wear helmets, adults aged 21 and over are allowed to ride without one, provided they’ve completed an approved motorcycle safety course or have appropriate insurance coverage.
However, what many don’t understand is that failure to wear a helmet does not bar you from recovering compensation after an accident.
When it comes to liability, the core issue is the negligence of all parties involved. Even if you weren’t wearing a helmet at the time of the crash, you could still recover damages. That said, the lack of a helmet does affect claims related to head or neck injuries.
Misconception #4: Motorcycle Accidents Only Cause Minor Injuries
The compact and exposed design of motorcycles leaves riders vulnerable to serious or life-changing injuries in accidents. Unlike car passengers, motorcyclists lack the protection of seat belts, airbags, or structural barriers. Common injuries include:
Traumatic brain injuries (TBIs)
Spinal cord damage
Broken bones and fractures
Internal organ injuries
Road rash and severe burns
These injuries often require extensive medical treatments, rehabilitation, and time away from work. Victims often need substantial compensation to regain stability. Please don’t underestimate the impact of a motorcycle accident, and don’t let anyone else downplay it, either.
Texas Motorcycle Laws
If you ride a motorcycle in Texas, you should know the laws that protect you on the road. Here are some key legal requirements:
License requirements: All riders must obtain a Class M motorcycle license. To get this license, riders must complete a motorcycle safety course approved by the Texas Department of Public Safety.
Helmet laws: Riders aged 21 and over may go without a helmet if they complete the prescribed safety course or meet insurance criteria. However, wearing a helmet is always advisable for safety.
Insurance requirements: Like all drivers, motorcyclists must have the minimum liability insurance coverage, which in Texas is $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage. Lack of adequate insurance can have legal and financial consequences.
Lane splitting: Lane splitting—in which motorcyclists ride between lanes of slow-moving or stopped traffic—is illegal in Texas despite being legal in some other states.
Passenger rules: Passengers must have secure seats and footrests unless the motorcycle is designed for single riders.
Misconception #5: Filing a Claim Takes Too Long and Isn’t Worth It
Accident victims often shy away from filing injury claims under the belief that the process is too lengthy or complicated to bother with. However, the reality is that pursuing compensation is not only doable—it can prevent significant financial hardships caused by medical expenses and lost income.
Motorcycle accident claims in Texas are governed by a statute of limitations, which means you have two years from the date of the accident to file a lawsuit. You can lose your right to recover damages, so acting quickly is always in your best interest. Many cases can be resolved through settlement negotiations, avoiding the lengthy process of going to trial.
Misconception #6: Only Riders Can File Motorcycle Accident Claims
While riders are the most likely claimants in motorcycle accident cases, they aren’t the only ones who can seek compensation. Passengers and non-riders (such as pedestrians or bicyclists harmed in motorcycle collisions) may also have valid claims, depending on the case.
If you've suffered harm due to someone else's negligence—regardless of whether you were the one riding the motorcycle—you may have grounds for a claim. Speak with a qualified attorney to review your case and determine your legal options.
Motorcycle Accident Attorney Serving Odessa, Texas
At the Law Office of Steve Brannan, we advocate for those injured by others' negligence and strive to secure fair compensation for clients. Representing cases involving wrongful death, life-altering injuries, and more, we offer personalized attention to every client. If you’ve been injured in a motorcycle accident in Odessa, Midland, Big Spring, Pecos, Andrews, or anywhere in West Texas, contact the Law Office of Steve Brannan for reliable legal support.