1. Hartley Law Firm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, premises liability, catastrophic injuries
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. truck accidents, fatal motorcycle accidents, traumatic brain injury cases, spinal cord injuries, road rash injuries, wrongful death claims
Legal Services: Free consultation, negligence investigation, liability determination, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, property damage claims
Background: Texas personal injury firm with attorneys including Austin F. Hartley. The firm handles motorcycle accident cases throughout the Dallas-Fort Worth metro area, including Plano. The attorneys are available 24/7 and have received various awards and accreditations. The firm has an office in Irving at 4425 W. Airport Freeway.
Location: Irving, TX (serves Plano and Dallas-Fort Worth area)
Contact: Contact via website | https://hartleylawtx.com
Consultation: Free consultation offered. 24/7 availability. Contingency fee basis.
2. Dashner Law Firm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, brain injuries, wrongful death
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. truck accidents, fatal motorcycle accidents, traumatic brain injury cases, spinal cord injuries, catastrophic injuries, wrongful death claims
Legal Services: Free consultation, negligence investigation, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, property damage claims
Background: Texas personal injury firm led by attorney Geoffrey Dashner. The firm handles motorcycle accident cases throughout Texas including Plano, Dallas, Fort Worth, Houston, San Antonio, and Austin. Attorney Dashner provides personal attention to clients and gives his direct line for communication. The firm handles cases from day one through resolution.
Location: Serves Plano, TX and throughout Texas
Contact: (972) 793-8989 | https://www.dashnerlaw.com
Consultation: Free consultation offered. Home and hospital visits available. Contingency fee basis.
3. Law Offices of David Kohm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, spinal cord injuries
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. truck accidents, fatal motorcycle accidents, traumatic brain injury cases, spinal cord injuries, back injuries, wrongful death claims
Legal Services: Free consultation, negligence investigation, medical care coordination, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims
Background: Texas personal injury firm with over 25 years of experience representing motorcycle accident victims. Attorney David Kohm provides support and professionalism to clients throughout the Dallas-Fort Worth metroplex. The firm has 12 offices throughout the DFW area. The attorneys handle every aspect of Texas traffic collision law and will come to clients 24/7.
Location: Multiple offices throughout Dallas-Fort Worth (serves Plano)
Contact: (817) 861-8400 | https://www.attorneykohm.com
Consultation: Free consultation offered. 24/7 availability. Spanish language services available. Contingency fee basis.
4. Hilliard Law
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, catastrophic injuries, wrongful death, product liability
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. commercial truck accidents, fatal motorcycle accidents, traumatic brain injury cases, spinal cord injuries, catastrophic injuries, wrongful death claims
Legal Services: Free consultation, negligence investigation, accident reconstruction, expert witness coordination, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims
Background: Texas personal injury firm operating since 1985. The firm reports case results including a $7.5 million recovery for a client injured after being rear-ended by a commercial truck, a $6 million settlement for a man struck by an 18-wheeler, and a $1.375 million jury verdict in an automobile accident case (2019 Top 100 Verdict). The firm serves clients throughout Texas including Plano.
Location: Serves Plano, TX and throughout Texas
Contact: (361) 882-1612 | https://www.hilliard-law.com
Consultation: Free consultation offered. Contingency fee basis.
5. Loncar Lyon Jenkins
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. truck accidents, multi-vehicle motorcycle accidents, fatal motorcycle accidents, traumatic brain injury cases, spinal cord injuries, wrongful death claims
Legal Services: Free case assessment, accident investigation, evidence gathering, witness interviews, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, property damage claims
Background: Texas personal injury firm representing over 7,000 clients annually throughout Texas. Attorney Clay Jenkins started his personal injury practice in 1989 after clerking for the Texas Supreme Court. He is the former Chairman of the Board of Advocates for the Texas Trial Lawyers Association and previously served as President of the Dallas Trial Lawyers Association. The firm co-counseled some of the largest personal injury cases in Texas for 25 years.
Location: Plano, TX and throughout Texas
Contact: Contact via website | https://loncarlyonjenkins.com
Consultation: Free case assessment offered. Contingency fee basis.
Motorcycle Accident Laws and Regulations in Texas
Statute of Limitations for Personal Injury Claims: Texas has a two-year statute of limitations for personal injury claims arising from motorcycle accidents under Texas Civil Practice and Remedies Code § 16.003. Claims must be filed within two years from the date of the accident.
Statute of Limitations for Wrongful Death Claims: Wrongful death claims must also be filed within two years of the date of death under Texas law.
Fault-Based Insurance State: Texas is a fault-based (tort) insurance state. The at-fault driver or their insurance company is responsible for paying damages to injured parties. Injured motorcyclists must establish negligence to recover compensation.
Modified Comparative Negligence Rule: Texas follows the modified comparative negligence rule with a 51% bar under Texas Civil Practice and Remedies Code § 33.001. An injured motorcyclist can recover damages only if their share of fault is 50% or less. If the motorcyclist is 51% or more at fault for the accident, they are barred from recovering any damages. If the motorcyclist is 50% or less at fault, their compensation is reduced by their percentage of fault.
Partial Helmet Law: Texas has a partial helmet law. All motorcycle riders and passengers under the age of 21 are required to wear a DOT-approved helmet that meets Federal Motor Vehicle Safety Standard (FMVSS) 218. Riders and passengers 21 years or older may ride without a helmet if they have completed a state-approved motorcycle operator training and safety course OR have health insurance coverage of at least $10,000 for injuries resulting from a motorcycle accident.
Secondary Enforcement of Helmet Law: Failure to wear a helmet is a secondary offense in Texas. Police officers cannot stop a motorcyclist solely to verify helmet law compliance or check for exemptions. They must have another reason for the traffic stop.
Eye Protection Requirements: Texas requires eye protection for all motorcycle riders unless the motorcycle is equipped with a windshield.
Helmet Use and Comparative Negligence: While not wearing a helmet is not illegal for exempt riders, failure to wear a helmet can affect compensation in a personal injury claim. Insurance companies may argue that injuries would have been less severe if a helmet had been worn, potentially reducing compensation under comparative negligence principles.
Motorcycle Insurance Requirements: Texas law mandates minimum liability insurance for all motorcyclists: $30,000 per person/$60,000 per accident for bodily injury and $25,000 for property damage (30/60/25).
Motorcycle Licensing Requirements: To operate a motorcycle in Texas, you must have a Class M license or an M endorsement on your driver’s license. Riders must complete an approved motorcycle safety course to obtain a Class M license.
Lane Splitting/Lane Filtering Laws: Lane splitting is illegal in Texas. Motorcyclists must stay within their lane and may not travel between lanes of traffic. Engaging in lane splitting may reduce a rider’s compensation if found partially at fault in an accident.
Motorcycle Equipment Requirements: Texas requires motorcycles to have proper equipment including headlights that must be on at all times (daytime running lights), at least one rearview mirror, working brakes, and handlebars no higher than 15 inches above the seat.
Passenger Requirements: Passengers are only allowed on motorcycles designed to carry passengers with a fixed seat, footrests, and handholds. Passengers under age 5 may not ride on a motorcycle unless in a sidecar. Practically, passengers must be at least 8 years old and 4-foot-9 in height due to child seat requirements.
Vehicle Inspections: Motorcycles must pass safety inspections to operate legally in Texas (note: inspection requirements were updated; verify current requirements with Texas DMV).
DUI Laws: Texas enforces strict DUI laws with a legal blood alcohol concentration (BAC) limit of 0.08%. Penalties include fines, imprisonment, and license suspension.
Damage Caps: Texas does not have statutory caps on economic damages in personal injury cases. Non-economic damages (pain and suffering) may be subject to caps in certain circumstances, particularly in medical malpractice cases.
Frequently Asked Questions
What is the statute of limitations for filing a motorcycle accident lawsuit in Texas?
In Texas, you have two years from the date of the motorcycle accident to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003. For wrongful death claims, the statute of limitations is two years from the date of death. Missing these deadlines typically results in losing the right to pursue compensation through the courts. Given the time needed to investigate the accident, gather evidence, and build a case, it is advisable to consult with an attorney soon after an accident.
How does Texas’s comparative negligence rule affect my motorcycle accident claim?
Texas follows the modified comparative negligence rule with a 51% bar. You can recover compensation as long as you are 50% or less at fault for the accident, but your compensation will be reduced by your percentage of fault. For example, if you are found 30% at fault and your damages total $100,000, you would receive $70,000. If you are found 51% or more at fault, you are completely barred from recovering any compensation. Insurance companies often try to assign partial fault to motorcyclists through allegations of speeding, failure to wear a helmet, or other traffic violations to reduce the amount they must pay.
Do I have to wear a motorcycle helmet in Plano/Texas?
Texas has a partial helmet law. If you are under 21 years old, you must wear a DOT-approved helmet at all times while operating or riding on a motorcycle. If you are 21 or older, you may ride without a helmet if you have completed a state-approved motorcycle operator training and safety course OR have health insurance coverage of at least $10,000 for injuries resulting from a motorcycle accident. While helmet use is not required for exempt riders, wearing a helmet is strongly recommended as it significantly reduces the risk of traumatic brain injury and death in the event of an accident.
Can I recover compensation if I was not wearing a helmet during my motorcycle accident?
Yes, you may still be able to recover compensation even if you were not wearing a helmet, provided you met the legal exemption requirements (over 21 with completed safety course or adequate insurance). However, under Texas’s comparative negligence rule, the defendant and their insurance company may argue that your failure to wear a helmet contributed to the severity of your injuries, particularly if you suffered head trauma. This could result in your compensation being reduced based on your assigned percentage of fault for the injuries (not the accident itself). An experienced attorney can help counter these arguments.
What types of compensation can I recover after a motorcycle accident in Plano?
If another party was negligent and caused your motorcycle accident, you may be entitled to compensation for medical expenses (emergency treatment, hospitalization, surgery, rehabilitation, and future medical care), lost wages and lost earning capacity, pain and suffering, mental anguish and emotional distress, physical impairment or disfigurement, property damage to your motorcycle, and loss of enjoyment of life. In wrongful death cases, surviving family members may recover funeral and burial expenses, loss of financial support, loss of companionship, and loss of inheritance. The specific amount depends on the severity of your injuries and the circumstances of the accident.