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Riding a motorcycle in Houston can be risky. Crowded freeway interchanges, commercial traffic, and road defects all create hazards that no amount of rider skill can fully neutralize. When another driver’s negligence causes a motorcycle crash, the physical and financial consequences can be catastrophic.
Kherkher Garcia LLP represents injured motorcycle riders in Houston and across Texas. We bring more than 30 years of personal injury law experience to every motorcycle accident case. If you are searching for a Houston motorcycle accident lawyer after a serious crash, Kherkher Garcia can help.
At Kherkher Garcia LLP, motorcycle injury cases are built on investigation and preparation for litigation from the outset. The process includes accident reconstruction to establish how the crash occurred, early preservation of black box data and surveillance footage, coordination with medical professionals to fully document injuries and long-term care needs. We also conduct a thorough review of employment records and vehicle maintenance logs to identify all responsible parties.
At Kherkher Garcia LLP, our attorneys have represented injured motorcyclists and riders across Texas for more than 30 years. We have built a record of substantial verdicts and settlements. We can help even if your case involves a commercial vehicle, a bus, or complex insurance matters.
While riding his motorcycle, Xavier was T-boned by a commercial van — a crash that left him with a dissected carotid artery, a traumatic brain injury, a broken femur, and injuries that ended his career in the oil field. Kherkher Garcia LLP took immediate action, secured a significant settlement, and gave Xavier the financial stability needed to focus on his recovery. Watch his story below.
Kherkher Garcia is committed to helping our clients obtain maximum recovery to protect their future. Our Testimonials and YouTube channel highlight real client stories and victories.
The steps taken in the immediate aftermath of a crash can affect the strength of a claim. The Texas Department of Insurance recommends the following:
Motorcycle riders face some circumstances after a crash that are unique. Three primary factors converge to create a difficult legal environment:
Insurance adjusters sometimes apply the assumption that motorcyclists ride recklessly, using it to shift blame onto an injured rider even when the other driver was at fault. This bias shows up in specific ways:
Documented evidence of the other driver’s conduct, witness accounts, and accident reconstruction all counter these narratives before they gain traction.
Houston’s road network and traffic population contributes to the pattern of motorcycle crash causes. The most frequent causes include:
The injuries that result from motorcycle crashes are frequently severe. Riders commonly sustain one or more of the following:
Two medical realities explain the disproportionate severity of motorcycle crash injuries. First, the National Institute of Neurological Disorders and Stroke (NINDS) distinguishes between primary TBIs, where damage is immediate, and secondary TBIs, which develop gradually over hours or days following initial trauma. A rider may appear uninjured at the scene, with damage continuing to develop in the hours or days that follow. This is why prompt medical evaluation is non-negotiable.
Second, according to NINDS, spinal cord damage can cause permanent changes in sensation, movement, and strength below the injury site. Without a vehicle frame to absorb crash forces, the spine takes the full impact.
These medical realities translate directly into claim value and require thorough documentation to support.
No. Lane splitting is not currently legal in Texas. Lane splitting occurs when a motorcycle travels between lanes of traffic moving in the same direction.
If a lane-splitting accident occurs, however, the fact that lane splitting is prohibited does not automatically answer every question about liability. Responsibility for a collision depends on the specific facts and evidence.
For example, the actions of other drivers, traffic conditions, speed, visibility, and how the collision occurred may all be relevant when determining who was responsible. Motorcycle riders may still have legal rights even when the other party argues that the rider violated a traffic law.
Texas follows a fault-based system for motor vehicle accidents. To pursue a claim, a rider must establish that another party’s negligent conduct caused the crash and resulting injuries. Examples of negligent conduct include distracted driving, failure to yield, unsafe lane changes, and driving under the influence.
Eligibility turns on a few key factors:
Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
Liability does not always rest with a single party. Depending on the facts of the crash, responsible parties may include:
Identifying all liable parties soon after an accident matters. At Kherkher Garcia, our team examines all potential parties to determine who is liable. Next, we examine the at-fault driver’s behavior, the condition of both vehicles, road maintenance records, and witness accounts to build a complete case before settlement discussions or trial preparation begin.
Being blamed does not establish liability. Also, even if you are partly responsible for a motorcycle accident, it does not necessarily mean you cannot recover compensation. Texas follows a modified comparative fault system, which means an injured person may still be able to recover damages if they are found to be 50% or less responsible for the accident.
If you are found to be more than 50% responsible, however, Texas law generally prevents you from recovering. If you are 50% or less responsible, your compensation may be reduced according to your percentage of responsibility.
For example, suppose a jury determines that you suffered $500,000 in damages but finds you 20% responsible for the crash. Your recoverable damages could be reduced by 20%, leaving $400,000. The percentage of responsibility assigned to each party can have an impact on the outcome of a motorcycle accident claim.
Texas law allows injured motorcyclists to pursue both economic and non-economic damages. Under Texas Civil Practice and Remedies Code § 41.001, economic damages are defined as compensatory damages intended to address actual economic loss. Non-economic damages refer to losses that are not strictly financial in nature.
Depending on the facts of the case, recoverable compensation may cover:
Not wearing a helmet does not automatically prevent an injured motorcycle rider from recovering compensation. Texas law does require certain motorcycle riders to wear a helmet, but whether helmet use affects an injury claim depends on the circumstances of the individual accident and your injuries. Questions of comparative responsibility may also become relevant if the other side argues that the rider’s conduct (including failure to wear a helmet) contributed to the injuries.
For example, not wearing a helmet may become relevant to certain head or brain injuries, however, it would not necessarily explain or eliminate responsibility for other injuries caused by the collision. The specific facts and available evidence will determine how helmet use may affect a particular claim.
Texas law typically allows two years from the date of a motorcycle accident to file a personal injury lawsuit. This deadline is established by Texas Civil Practice and Remedies Code §16.003. The statute of limitations can determine whether you are able to pursue a lawsuit, so it is important to act quickly in exploring your legal rights. Certain circumstances may affect the applicable deadline, so speaking with an attorney is beneficial. Having your situation reviewed sooner rather than later can help preserve evidence and ensure important deadlines are considered.
Motorcycle crash claims involve time-sensitive evidence, complex liability questions, and insurance representatives managing exposure from day one. Kherkher Garcia LLP has the resources and trial experience to build a strong case and pursue the compensation injured motorcyclists deserve. Call us at (713) 333-1030 for a free consultation with a motorcycle accident lawyer in Houston today.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
After a serious motorcycle accident, the road to recovery can feel overwhelming. Medical expenses, lost wages, and the physical toll of injuries can quickly push riders and their families to the edge. At Kherkher Garcia LLP, we understand how life-changing these crashes can be for injured riders and those who depend on them. With decades of experience fighting for those harmed by negligence, our team of personal injury lawyers is prepared to pursue the full compensation you may be entitled to for your injuries, losses, and suffering. When you need a motorcycle accident lawyer near you in Houston you can trust, we are ready to stand by your side and fight for justice.
Visit us at 2925 Richmond Ave., Suite 1560, Houston, Texas 77098, or call 713-333-1030 for a free consultation today.
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From beginning to end, Kherker law firm took care of me with open arms. They did everything in their power to ensure victory in my case. I couldn’t thank them enough, I will continue to refer friends as family to them.
I just want to express how greatful we are with all the help we received. They are all very friendly and very helpful. They made everything so much easier and they explained everything with ease so we could understand. We are very grateful for the outcome. Thank you so much for everything. We would recommend them 100 percent
Want to take my time to express how I feel about my experience with Kherkher Garcia LLP my whole case was tuff but for the team who tackled on the fight where amazing hands down the greatest I had a rough time but they where their for me all the way Kevin Haynes amazing attorney hands down great person and always stood beside me as well as everyone else around wen I need the most help for my case I highly recommend for anyone looking to take on the fight for you Kherkher Garcia LLP are their for u great hospitality and amazing at what they do
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Texas establishes a two-year statute of limitations for personal injury claims. The clock generally begins on the date of the accident. Missing this deadline bars the claim regardless of its merits. Contacting a motorcycle accident lawyer in Houston early preserves evidence and legal options.
Texas does not require riders 21 and older who have completed an approved safety course or carry the required insurance to wear a helmet. For those required to wear one, the absence of a helmet may be raised to argue that injuries were worsened by the rider’s own conduct, which could reduce recovery proportionally under comparative fault rules.
Texas law requires minimum liability insurance, but not all drivers comply. An injured rider may have recourse through their own uninsured/underinsured motorist (UM/UIM) coverage, a direct civil claim against the at-fault driver, or, depending on the facts, claims against other liable parties such as an employer. An attorney can identify which avenues apply.
Kherkher Garcia LLP handles motorcycle accident cases on a contingency fee basis. No legal fees are owed unless a recovery is obtained. There is no upfront cost to receive a consultation.
Yes, in many cases. Texas’s modified comparative fault rule allows recovery when a claimant’s percentage of responsibility does not exceed 50%, with recovery reduced by the assigned fault percentage.
Unlicensed status does not automatically bar recovery. The defense may raise it as a factor in comparative fault analysis, but the central legal question remains whether the other party’s negligence caused the crash and resulting injuries.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
