Motorcycle accident lawyer in McAllen: why these crashes are so severe and what to do

Last checked November 8, 2026

In McAllen, 23% of people in motorcycle crashes were killed or seriously hurt from 2018 to 2023, compared with 1% in motor vehicles.12 Riders 21 or older can skip a helmet only with an approved course or health coverage.3 You generally have 2 years to sue in Texas.4

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Road map of McAllen highlighting Nolana Avenue and N 10th Street, two corridors the city ranks highest for traffic safety work
23% of people in McAllen motorcycle crashes die or are badly hurt. Map data © OpenStreetMap contributors.

How dangerous are motorcycle crashes in McAllen?

More dangerous than almost anything else on the road. McAllen's Vision Zero plan tracked every police-reported crash on city streets from 2018 to 2023. Out of 208 people in motorcycle crashes, 47 were killed or seriously hurt.1

How you were travelingPeople in crashesKilled or seriously hurtShare
Motorcycle2084723%1
Walking3804311%5
Bicycle12597%6
In a car or truck38,3272181%2

That gap matters for your claim. A rider who is hurt usually has larger medical bills than a driver in the same crash, and the other driver's policy may only be $30,000 per person.7 Check your own policy for uninsured motorist coverage early.8

How do motorcycle wrecks usually happen in McAllen?

The city's plan points to places and habits that riders here know well. Principal arterial roads, the big multi-lane streets, were much more dangerous for motorcyclists.9 Serious motorcycle crashes happened about equally at intersections and away from them. Eighty-three percent of the worst crashes of all kinds came on streets posted at 30 to 45 mph.10

One pattern the plan calls out is a rider turning left from a driveway and being struck by a vehicle in the travel lane.11 Another is a left turn across traffic at an intersection, the classic case of a driver who says, 'I never saw the bike.' If that happened to you, look for witnesses and any store or home cameras right away. Video gets recorded over.

Timing can help too. More of the worst crashes happened on Saturdays than on any other day,12 and 18% happened from midnight to 3 a.m.13 If you think the other driver had been drinking, tell the officer at the scene. The city logged 137 alcohol-related crashes in 2025.14

What should you do after a motorcycle accident in McAllen?

  1. Get to a trauma center if you need one. South Texas Health System McAllen is an ACS-verified Level I Trauma Center,15 and DHR Health in Edinburg runs a Level 1 center.16
  2. Do not throw away your helmet, jacket, boots or gloves. Damage to your gear can show how the crash happened. Do not repair the bike until it has been photographed.
  3. Ask for the case number, then check if the report is ready at (956) 681-2080.17
  4. Buy the report through TxDOT or at Crime Records. It is $6, or $8 certified.1819
  5. Keep a list of pay you lost, and any riding, work or family things you can no longer do.

Do you have to wear a helmet in McAllen?

Texas requires a helmet on public roads for riders and passengers, unless an exception applies.20 If you are 21 or older, you can go without one only if you finished an approved safety course or have health insurance that covers crash injuries.3 Police may not stop you just to check either one.21

Can an insurer use it against you if you had no helmet? This point is unsettled. You lose your claim if you are more than 50 percent at fault, and no Texas statute says whether riding without a helmet counts as fault.22 Expect the insurer to raise it. It should not stop you from asking a lawyer, especially if your injuries were not to your head.

Will insurers blame me for a motorcycle crash in McAllen?

Often, yes. Failure to control speed was listed in 29% of the city's fatal and serious crashes,23 and adjusters may assume a rider was going too fast. Do not agree with that on a recorded call. A speed estimate should come from evidence: the report, the damage, video and witnesses.

Remember the 50 percent line. If you are found more than 50 percent at fault, Texas law bars you from recovering.24 At 50 percent or less, you can still make a claim, so a small percentage argument can matter a great deal.

How long do you have after a motorcycle accident in McAllen?

If the claim is againstDeadline
A driver or companyGenerally 2 years to sue4
The City of McAllen, such as a pothole or a city vehicleNotice within six months under state law, and a city rule can set less25
Anyone, for a rider under 18The 2-year clock usually waits until 18, but city notice rules may not26

We could not confirm a shorter McAllen notice period. If a bad street or a city vehicle played a part in your wreck, ask the city at (956) 681-1410 what deadline applies.27 The claim form asks for your police case number if you know it.28 Spanish speakers can use Aviso de Reclamo.29

What should you ask a motorcycle accident lawyer in McAllen?

  • How many motorcycle cases have you taken to settlement or trial, and how many were contested on fault?
  • How would you handle the helmet question if the insurer raises it?
  • Can someone inspect the bike and my gear before anything is repaired or thrown out?
  • What other coverage might apply if the driver's policy is too small?

Questions

How often are riders seriously hurt in McAllen crashes?

From 2018 to 2023, 47 of 208 people in motorcycle crashes were killed or seriously hurt, or 23%.1

Do I need a helmet in Texas if I am over 21?

Not if you finished an approved course or have health insurance that covers crash injuries.3

Can I still get money if I did not wear a helmet?

Possibly. Whether it counts as fault in Texas is unsettled.22

How long do I have to sue?

Generally two years from when the claim arises.4

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McAllen

Motorcycle accident

Texas

Sources

  1. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Motorcycle 208 47 23%”
  2. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Motor Vehicle 38,327 218 1%”
  3. 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”
  4. 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.”
  5. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Pedestrian 380 43 11%”
  6. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Bicycle 125 9 7%”
  7. Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
  8. 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.”
  9. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Principal arterial roads were dangerous for all modes but were much more dangerous for non-motor vehicle crashes, particularly for people walking and motorcyclists.”
  10. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “83% of FSI crashes happened on streets with 30-45 MPH Speed Limits.”
  11. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “was struck by a vehicle in the travel lane while the motorcycle was attempting a left turn from a driveway”
  12. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “The highest number of FSI crashes occurred on Saturdays”
  13. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “36% of FSI crashes happened between 3 p.m. and 9 p.m. Another 18% of FSI crashes happened between 12 a.m and 3 a.m.”
  14. TxDOT, 2025 DUI (Alcohol) Crashes and Injuries Cities and Towns, checked 2026-11-08. “MCALLEN 4 4 9 20 25 37 34 67 64 170 1 8 137”
  15. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
  16. DHR Health, Level I Trauma Center, checked 2026-11-08. “The DHR Health Level 1 Trauma Center provides the highest level of trauma care available”
  17. McAllen Police Department, FAQ, checked 2026-11-08. “inquiry on the status of your report at (956) 681-2080”
  18. McAllen Police Department, Police Records, checked 2026-11-08. “Our crash reports are uploaded to this system.”
  19. McAllen Police Department, FAQ, checked 2026-11-08. “All accident reports are $6.00 dollars and certified copies of accident reports are $8.00 dollars.”
  20. 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.”
  21. 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.”
  22. 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.”
  23. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Failure to Control Speed was reported as a contributing factor in 29% of FSI crashes and 36% of all crashes.”
  24. 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”
  25. 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”
  26. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  27. City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
  28. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “INCLUDE A POLICE CASE NUMBER, IF KNOWN”
  29. City of McAllen Risk Management, Aviso de Reclamo, checked 2026-11-08. “Daños a la Propiedad .. Lesiones Personales”

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