Motorcyclists already face higher risks on Texas roads than other motorists, but when road hazards are involved, the danger increases exponentially. Unlike car drivers, motorcyclists have far less protection, making accidents caused by road conditions more likely to result in serious or even fatal injuries.
At The Stewart Law Firm, our personal injury lawyers understand the devastating impact these accidents can have on your life. Led by seasoned Texas injury attorney Stephen Stewart, our legal team has decades of experience fighting for injured riders and holding negligent entities accountable. We believe you shouldn’t have to pay the price for someone else’s failure to maintain safe roads.
Who Is Responsible for Maintaining Safe Roadways in Texas?
Determining who is legally responsible for your motorcycle accident depends largely on where the crash occurred and the nature of the hazard involved.
1. Government Entities
In Texas, roadway maintenance is often the responsibility of:
- The Texas Department of Transportation (TxDOT) for state highways
- Local municipalities or counties for city and county roads
- Federal agencies for certain federally funded roads or interstates
Under Texas Civil Practice & Remedies Code § 101.021, a government entity can be held liable for damages if a motorcyclist is injured due to a known roadway defect or dangerous condition and the entity fails to act with ordinary care to correct or warn of the danger.
However, filing a claim against a government agency is more complex due to the Texas Tort Claims Act, which imposes strict deadlines and procedural requirements. There are also damage caps, limiting what you can recover from a government body:
- $250,000 per person
- $500,000 per occurrence (total for all injured parties)
2. Private Property Owners
If your accident happened in a private parking lot, driveway, or road, the owner of that property may be held liable. This could include:
- Commercial property owners
- Homeowner associations
- Construction contractors
These parties have a legal duty to maintain reasonably safe premises and warn visitors of known hazards under Texas premises liability law.
Common Road Hazards That Cause Motorcycle Accidents in Texas
Even experienced riders can be caught off guard by sudden and dangerous changes in road conditions. While some hazards, like bad weather, may be out of human control, many others are the result of poor design, negligent maintenance, or construction oversight.
Some of the most common hazardous conditions that cause motorcycle crashes in Texas include:
- Potholes and pavement cracks
- Loose gravel or debris on the roadway
- Steep pavement drop-offs
- Poor drainage or water pooling
- Broken or missing guardrails
- Inadequate or obscured road signage
- Unmarked construction zones
- Poor lighting or malfunctioning traffic signals
- Uneven lanes or sudden grading changes
According to the National Highway Traffic Safety Administration (NHTSA), over 52,000 crashes in the U.S. each year are directly linked to environmental or roadway-related factors. For motorcyclists, any one of these issues can result in a high-speed ejection from the bike or a deadly collision.
Proving Liability in a Road Hazard Motorcycle Accident
Establishing who’s at fault in a road hazard crash takes careful investigation. At The Stewart Law Firm, our team gathers key evidence to build a compelling claim and hold the right party accountable.
Critical evidence may include:
- Photos and videos of the hazard and accident scene
- Road maintenance records and inspection logs
- Construction permits and schedules
- Eyewitness accounts
- Traffic or surveillance camera footage
- Professional analysis of road design and safety compliance
- Weather and lighting conditions at the time of the crash
Our legal team will also look into any prior complaints or known issues with the stretch of road, which can strengthen your case by showing the hazard was foreseeable and preventable.
What Compensation Can You Recover After a Motorcycle Crash?
Depending on the circumstances of your case, you may be entitled to pursue compensation for both economic and non-economic damages, such as:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Motorcycle repair or replacement
- Loss of quality of life
If the accident results in a fatality, surviving family members may also be eligible to file a wrongful death claim under Texas Civil Practice & Remedies Code § 71.002.
What to Do After a Motorcycle Accident Involving a Road Hazard
If you’re able, take these steps to protect your health and legal rights:
- Seek medical attention immediately, even if your injuries seem minor.
- Document the scene, and take photos or video of the road hazard and your motorcycle.
- Report the hazard to local authorities or TxDOT.
- Avoid speaking to insurance companies without legal representation.
- Contact an experienced motorcycle accident attorney as soon as possible.
Time is limited. If your claim involves a government agency, you may need to file a notice of claim within 6 months or less, depending on the jurisdiction.
Contact Our Motorcycle Accident Practice at The Stewart Law Firm Today
Motorcycle crashes caused by road hazards can leave victims with life-altering injuries, and an uphill battle for justice. At The Stewart Law Firm, we understand the unique risks motorcyclists face and are committed to fighting for your full and fair recovery.
Our firm has a long history of successfully representing injured riders across Texas. Whether the responsible party is a government agency, contractor, or property owner, we’ll hold them accountable and demand the compensation you deserve.
Contact our motorcycle accident lawyers today at (512) 326-3200 for a free consultation.
