Motorcycle accident lawyer in Austin: helmet rules, left-turn crashes and your deadlines

Last checked November 8, 2026

In Austin, serious motorcycle injuries fell to 44 in 2025, but rider deaths rose.12 Texas gives you 2 years to sue in most crashes.3 Whether riding without a helmet counts as fault is unsettled.4 If a city vehicle or road hurt you, the city says your claim letter is due in 45 days.5

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Road map of Austin showing I-35 and Ben White, two of the high-speed roads Austin Police name for serious crashes
37% of Texas motorcycle deaths happen at an intersection. Map data © OpenStreetMap contributors.

How many riders get hurt in Austin motorcycle crashes?

The city counted 44 riders seriously hurt in 2025, down from 62 the year before.1 Deaths moved the other way. The city says motorcyclist deaths were up from 2024, though it does not give the rider count on that page.2 Citywide, there were 99 deaths on the road in 2025.6

Austin Police list I-35, US 183 and Ben White among the high-speed roads with a large share of the worst crashes.78 Most riders will use one of them. If yours happened there, photograph the lane, the debris and any skid marks before they are cleared.

Who is at fault when a car turns left in front of a motorcycle in Austin?

Usually the driver has a lot to answer for. TxDOT says 37 percent of motorcycle deaths happen at a roadway intersection.9 And a copy of City Code 12-1-35 in city records lists motorcycle riders as vulnerable road users.10 It says a driver turning left must yield to one who is approaching from the opposite direction.11

It also sets a passing distance. Cars and light trucks should leave at least three feet when road conditions allow, and bigger trucks at least six.1213 Ask a lawyer to check the current text of that section, because we read a copy kept in city records and not the live code.

Insurers will still look for ways to blame you. Speed is a common one. You lose your claim if you are found more than 50 percent at fault, and any smaller share comes off what you receive.14

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

QuestionTexas answer
Is a helmet required?Yes on public roads, unless an exception applies15
Who can skip it?Riders 21 or older with an approved safety course or health coverage for crash injuries16
Can police stop you to check?Not just to check the course or the insurance17
Does no helmet cut your claim?Unsettled. No Texas statute says whether it counts as fault4

TxDOT's 2025 table shows 559 riders killed in Texas, and 173 of them had no helmet on.18 Numbers like that are what an insurer may raise. Since the law is unsettled, do not agree that the helmet was your fault in any call with an adjuster. Keep the helmet too, even if it is cracked. It can be evidence.

How do I get the report for a motorcycle wreck in Austin?

Officers file a CR-3 when one is required.19 For a crash Austin Police handled, buy it through LexisNexis BuyCrash.20 For a Sheriff's crash, it costs $6 or $8 certified.21 If you went by ambulance, your crash qualifies, and police must send it to TxDOT within 10 days after they investigate.22

A rider who stays on the bike and rides home may have no report at all, because officers skip crashes with drivable vehicles and no injuries.23 Bikes are harder to judge than cars. If you are hurt or the bike is unsafe, say so and call.

Where are injured riders taken in Austin?

Dell Seton Medical Center is the area's Level I trauma center, and St. David's South Austin is Level II.2425 Ask for your records early. Ascension Seton takes requests by mail or in person, and St. David's lists several ways, including its patient portal.2627 Road rash, wrist fractures and head injuries can all look worse a week later, so keep every follow-up visit.

What if a pothole in Austin or a city truck caused your motorcycle crash?

A rough patch that a car driver barely notices can throw a bike. If you believe the street caused it, photograph the spot, ask 311 for a repair and keep the request number.28 Then treat 45 days as your deadline. The city's page says the claim letter must go out within 45 days,5 and its May 2026 document says the charter calls for an affidavit.29

Not every road belongs to the city. State-owned roads carry about 65% to 75% of Austin's traffic deaths,30 and the usual six-month state notice is the one to watch for those.31 Do not wait to sort that out.

What should you ask a motorcycle accident lawyer in Austin?

  • Will you hire someone to look at the bike before it is repaired or sold?
  • How would you answer the insurer if it brings up my helmet?
  • Do I have uninsured motorist coverage on the bike, or only on my car?32
  • Is anyone other than the driver to blame, such as a city road crew?

Questions

How long do I have to sue after a motorcycle crash in Austin?

Generally 2 years.3 A claim against the City of Austin needs a letter within 45 days, the city says.5

Can I still file a claim if I was not wearing a helmet?

Yes. Texas has no statute saying whether a missing helmet counts as fault, so the point is unsettled.4

Do cars have to leave me room on Austin streets?

A copy of the city code in city records says three feet for cars and six for larger trucks, when road conditions allow.1213

What if the driver who hit me had no insurance?

Check your own policy for uninsured motorist coverage, which Texas policies include unless someone rejected it in writing.32

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Austin

Motorcycle accident

Texas

Sources

  1. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “| Motorcyclist | 62 | 44 | ↓29% |”
  2. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Deaths among motorists, motorcyclists, bicyclists and e-scooter riders were up compared to 2024”
  3. Tex. Civ. Prac. & Rem. Code § 16.003(a), checked 2026-11-08. “personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.”
  4. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
  5. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  6. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Austin recorded 99 traffic fatalities and 301 serious injuries in 2025”
  7. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “significant portion of crashes, serious injury crashes, and fatalities occur”
  8. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “I-35, US Hwy 183, Ben White”
  9. TxDOT, Motorcycle Safety Campaign, checked 2026-11-08. “Thirty-seven percent of motorcycle fatalities happen at a roadway intersection.”
  10. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “a person operating a motorcycle, moped, motor-driven cycle, or motor assisted scooter”
  11. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction”
  12. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “three feet if the operator’s vehicle is a passenger car or light truck”
  13. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “six feet if the operator’s vehicle is a truck, other than a light truck, or a commercial motor vehicle”
  14. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  15. Tex. Transp. Code § 661.003(a), checked 2026-11-08. “A person commits an offense if the person: (1) operates or rides as a passenger on a motorcycle on a public street or highway; and (2) is not wearing protective headgear that meets safety standards adopted by the department.”
  16. Tex. Transp. Code § 661.003(c), checked 2026-11-08. “the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of a collision”
  17. Tex. Transp. Code § 661.003(c-1), checked 2026-11-08. “A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.”
  18. TxDOT, 2025 Motorcyclist Fatalities and Injuries by Helmet Use, checked 2026-11-08. “Total 346 163 27 536 13 10 0 23 359 173 27 559”
  19. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “Complete a TXDOT Crash Report (CR-3) when required”
  20. City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
  21. Travis County Sheriff, Vehicle Accident Report, checked 2026-11-08. “Certified Report $8.00 Non-Certified Report $6.00”
  22. TxDOT, Crash reports and records, checked 2026-11-08. “not later than the tenth day after the date of the crash”
  23. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “Vehicles are drivable and there are no injuries”
  24. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
  25. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “ST DAVIDS SOUTH AUSTIN MEDICAL CENTER 10/1/2028 O AUSTIN 78704”
  26. Ascension Seton, Authorization for Release of Information, checked 2026-11-08. “Mail in or present your request in person at the applicable site location(s).”
  27. St. David's South Austin, Medical Records, checked 2026-11-08. “We offer several ways to request your medical records”
  28. City of Austin, Request sidewalk or street repair, checked 2026-11-08. “You can contact Austin 3-1-1 online, with the app, or by phone to request repairs.”
  29. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “The current version of the charter requires claimants to give written notice of a claim notarized by affidavit.”
  30. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Approximately 65%-75% of Austin’s traffic fatalities occur on roads owned by the state.”
  31. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  32. Tex. Ins. Code § 1952.101(b)-(c), checked 2026-11-08. “unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”

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