Motorcycle Accident Lawyer in McKinney, TX
McKinney Motorcycle
Accident Lawyer
When a car driver and a motorcycle rider are involved in the same crash, the rider almost always comes away with more serious injuries, faces more skepticism about who was at fault, and gets a lower first offer from the insurance company. The Darwich Law Firm represents motorcycle accident victims across McKinney and Collin County. Your case review is free, and there is no fee unless we win.
Free case review · 24/7 intake · $0 upfront for qualifying injury cases
Quick Answer
After a motorcycle accident in McKinney, get medical attention immediately, photograph the scene and your injuries, gather witness contact information, and avoid giving a recorded statement to the other driver's insurance company before speaking with an attorney. The other side's insurer may contact you quickly with an offer that does not reflect the full cost of your injuries. A free case review will tell you what your claim may be worth and what arguments to expect.
The Most Common Cause of Serious Motorcycle Crashes
The most common cause of a serious motorcycle crash is a driver who failed to see the rider. A car turning left across an intersection, a driver changing lanes without checking their mirror, a vehicle pulling out of a driveway or parking lot without looking past the car-sized gap they were scanning. Motorcycles occupy less visual space than cars and can fall into a driver's blind spot even when the rider is doing everything correctly.
That is not the rider's fault. It is driver negligence, and it is recoverable. The challenge is building the record quickly, before the other driver's version of events becomes the only story anyone is working from. Witness accounts, traffic and business camera footage, the physical evidence at the crash site, and the location and direction of impact damage on both vehicles all tell a story that can be documented and, where needed, reconstructed. We gather that evidence at the earliest stage of every case.
Road Hazard Crashes and Government Liability
Road hazards create a category of motorcycle accident that car accident law does not always anticipate. A pothole, a patch of loose gravel, an uneven pavement edge, a slick expansion joint, or construction debris on a roadway can cause a rider to lose control and crash in circumstances where the same hazard would barely register for a driver in a passenger vehicle.
When a road defect caused or contributed to a crash, the question of liability shifts toward the entity responsible for maintaining that road, whether that is the City of McKinney, Collin County, the Texas Department of Transportation, or a private construction company. Claims against government entities in Texas follow specific procedures and carry shorter notice deadlines than standard civil claims, sometimes as short as six months. If a road condition played any role in your crash, getting legal help early is particularly important. For crashes caused by a drunk or impaired driver or a commercial truck, those pages cover the specific liability issues in more detail.
Helmet Laws and Comparative Fault in Texas
Texas law permits motorcycle riders who are 21 or older and have completed a state-approved motorcycle safety course, or hold qualifying medical insurance coverage, to ride without a helmet. Whether a rider was wearing a helmet at the time of a crash, and whether it was properly certified and fitted, will almost certainly come up during the insurance process.
The insurance adjuster will use the absence of a helmet to argue the rider assumed some or all of the risk of injury, or that injuries would have been less severe with one. This argument can affect the damages calculation under Texas's modified comparative fault rule, which allows recovery as long as the rider's share of fault does not exceed 50 percent. We prepare every motorcycle case to address the helmet question before the other side gets to frame it on their terms.
The same comparative fault framework applies to broader allegations about rider behavior. If the insurer claims the rider was speeding, weaving in traffic, or riding recklessly, those arguments need to be met with evidence, not simply accepted. Accident reconstruction, dashcam footage, witness accounts, and physical evidence from the scene can all rebut a narrative that does not match what actually happened.
Injuries in Motorcycle Crashes
Motorcycle riders who are injured in crashes suffer at a scale that is fundamentally different from car occupants in equivalent collisions. No steel cage, no airbags, and typically only protective gear and a helmet between the rider and the road or another vehicle. Road rash ranges from surface abrasion to deep tissue damage requiring skin grafting, and it is one of the most consistently underestimated injuries in motorcycle cases. Fractures, particularly to the hands, wrists, arms, and legs, are extremely common. Traumatic brain injuries occur in helmeted and unhelmeted riders alike. Spinal cord injuries and other catastrophic harm appear far more frequently in motorcycle crashes than in standard car accidents at comparable speeds. Many clients we represent after a motorcycle crash face weeks or months of recovery, surgical procedures, and in serious cases, permanent disability.
When a crash causes a fatality, the surviving family may have a wrongful death claim that goes beyond what a standard injury case covers. We handle those matters with the same preparation and the same directness.
What Compensation Can Cover After a Motorcycle Crash
A properly prepared motorcycle accident claim accounts for more than the first medical bill. Depending on the facts of your case, compensation may include:
- Emergency care, specialist visits, surgical procedures, and physical therapy.
- Future medical treatment and rehabilitation if ongoing care will be needed.
- Lost wages for time missed from work while recovering.
- Lost earning capacity if the injury affects your ability to work long term.
- Damage to the motorcycle, protective gear, and personal property.
- Pain and suffering, including the physical and emotional impact on daily life.
If an uninsured or underinsured driver caused your crash, your own policy's uninsured motorist coverage may provide a path to compensation, depending on the terms of your policy. We review every available source of recovery as part of the initial case evaluation.
Our Approach
How The Darwich Law Firm Handles Motorcycle Accident Claims
We Counter the Bias Early
We build the factual record before the other side's version of the crash becomes the working narrative — witness accounts, camera footage, physical evidence, and reconstruction where needed.
We Address the Helmet Argument
Whatever the helmet situation was, we prepare a response grounded in medical evidence and Texas law before the adjuster raises it on their terms.
We Investigate Road Hazard Liability
If a road condition played any role, we identify the responsible party — city, county, TxDOT, or a private contractor — and the applicable notice deadline.
We Negotiate or Litigate
We present a complete demand package and are prepared to take your case to trial in Collin County if the insurer refuses to pay what you deserve. You pay nothing unless we win.
Why Us
Why McKinney Motorcyclists Choose The Darwich Law Firm
Direct Attorney Access
You speak with an attorney, not a call center. You will always know the status of your case.
Free Case Review, 24/7 Intake
By phone, text, or online, any time after a crash. We respond quickly because the first days matter.
$0 Upfront for Qualifying Injury Cases
We handle motorcycle accident cases on a contingency fee basis. No fee unless we win.
Local to McKinney
We serve clients across Collin County and North Texas and know the roads where these crashes happen.
Motorcycle Accident FAQs
Will not wearing a helmet affect my motorcycle accident claim?
Possibly. If you were not required to wear a helmet under Texas law and chose not to, the insurer may argue your injuries were worse than they would have been otherwise. This can affect the damages calculation under Texas's comparative fault rules. It does not automatically bar your claim, and we prepare every case to address this argument with evidence.
Can I still win if the insurance company says I was partly at fault?
Often yes. Texas allows you to recover compensation as long as your share of fault does not exceed 50 percent. The insurer's initial fault determination is a negotiating position, not a legal finding. We dispute those determinations with evidence, including accident reconstruction where needed.
What if the driver says they just did not see me?
That is not a defence. Drivers have a legal duty to maintain a proper lookout and to see what is there to be seen. A rider who is legally in their lane has the right to be there. Failure to see a motorcycle in plain view is itself evidence of negligent driving.
What evidence helps a motorcycle accident claim?
Witness statements from the scene, dashcam footage from the rider's bike or nearby vehicles, traffic and business camera footage, the police report, photos of the crash site and vehicle damage, roadway evidence including skid marks and debris, and medical records that connect specific injuries to the crash.
What kinds of injuries are common in motorcycle crashes?
Road rash, fractures, traumatic brain injuries, spinal cord injuries, internal injuries, and severe burns are all common, even when the rider wore full protective gear. These injuries typically require longer recovery and higher medical costs than equivalent car accident injuries.
How long do I have to file a motorcycle accident claim in Texas?
Most personal injury claims must be filed within two years of the crash. Claims involving a government entity responsible for road maintenance may have shorter notice deadlines, sometimes as little as six months from the date of the incident. Getting legal help early protects all applicable deadlines.
Hurt in a McKinney Motorcycle Crash?
Talk to an Attorney Today.
Motorcycle accident cases require a different approach than standard car accident claims. The bias runs from the first call from the adjuster through to how the claim is eventually resolved. You need an attorney who understands that bias, knows how to counter it with evidence, and treats the full severity of your injuries as the starting point for the claim.
Our frequently asked questions page covers general guidance on Texas personal injury timelines and the claims process.