Cover image: AI-generated illustrative still life; no client records or evidence from a real crash are shown.
A rider's first job after a crash is to get appropriate medical care and reach safety. A legal investigation can wait until emergency needs have been addressed, but some information can change quickly. If you or a trusted person can do so safely, record the investigating agency, report number, witnesses, motorcycle storage location and possible cameras. The first day is not a legal filing deadline; it is a sensible time to identify evidence that someone else may soon move, repair or overwrite.
If it is safe to take photos, work from the wider scene toward the details. A scrape photographed at close range may be hard to place later without a view showing where it sits in the intersection or lane-change area. Record the approaches, traffic signs and signal heads, lane markings, vehicles, debris and damage. Note when you took the images and the direction of travel. Retain the original files if you later crop or annotate copies. Save a helmet or motorcycle camera recording in its native form before its storage gets reused.
Describe the crash and your symptoms accurately to the people treating you. Keep the discharge instructions and information about follow-up appointments. Being able to walk away does not tell you whether you need an assessment. Get medical advice; this article cannot diagnose an injury. Photographs of the bike can wait when care is needed. Once emergency needs are addressed, find out where the tow company is taking the motorcycle and whether anyone plans to repair or dispose of it. Keep the helmet, jacket, gloves and boots as they are if they may help explain the impact.
An early call from an insurer may involve a statement or a settlement offer. Keep a record of it. Stick to what you know about speed and injuries instead of filling gaps with guesses. Read any proposed release and understand its scope before accepting it. Separately, tell counsel promptly about a nearby business that may have recorded the crash. Its address and the direction of the camera can help identify the recording’s custodian. You cannot require the business to give you a copy merely by asking, but counsel can contact the custodian and address preservation.
You can discuss the crash with a lawyer while you are still waiting for the report. Bring what you have collected. The Texas motorcycle hub explains the next questions, and the Dallas motorcycle lawyer page offers a case-review path. Texas's general personal-injury limitations period under § 16.003 differs from evidence retention and any special government notice rules.
What if I was hospitalized and took no photos? You were getting treatment, which comes first. Explain what you remember and where you are unsure. Counsel can look for evidence from the investigating agency, witnesses, other vehicles and people or businesses that may have kept recordings.
For the broader legal framework, read the Texas motorcycle claims and litigation guide.
Aaron A. Herbert
Founding Attorney
Aaron A. Herbert is a Texas attorney, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
For over a decade he has shown an unwavering commitment to clients who were seriously injured by major accidents and industrial catastrophes. During that time he has earned the reputation as one of America’s most aggressive trial lawyers by achieving noteworthy recoveries from judges and juries, as well as substantial settlements prior to trial, the majority of which contained negotiated confidentiality agreements at the request of the defense. When asked about these cases, Mr. Herbert has said that each case not only justified the recovery level, but that no one would trade places with any one of these victims in return for any amount of money, once they know the facts and severity of the injuries and tragedy involved. According to Mr. Herbert, “there can be no substitute for passion, preparation and persistence in the practice of law”. He is known not only for this tenacious preparation, but also for his imagination in the courtroom. He is passionate and persistent in seeking to obtain the maximum case value for each individual client at trial or through settlement, while reducing the stress of litigation on his clients. Born and raised in Dallas, Texas, Mr. Herbert enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. After the Marines, he obtained a Bachelor of Science in Criminal Justice from Texas A&M University, then a Juris Doctorate from the University of Oklahoma College of Law. There he graduated in the top of his class and became an eternal Sooners Football fan. Aaron has worked as a zealous advocate for injured clients at several boutique personal injury litigation firms where he amassed numerous jury verdicts. After spending a year as the top earning litigation attorney at a firm that frequently tops verdict search as one with the highest number of trial wins in Texas, Aaron accepted a position as a the managing pre-litigation attorney at another Dallas personal injury firm. Over the next seven years he transitioned to the managing litigation attorney, and that firm grew to one of the largest personal injury firms in Dallas. In 2010 he formed the Law Firm of Aaron A. Herbert, to get back to a focus on developing each individual case and maximizing case value for each client. Mr. Herbert practices law with the belief that a well taken care of, highly engaged and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the firm clients. He believes in always setting a goal of achieving the best possible results for each and every client.
Education
Texas A&M University (B.S. Criminal Justice, 1999)
University of Oklahoma College of Law (J.D., 2002)
Professional Associations
Licensed to practice in Texas (2002)
Board Certified in Personal Injury Trial Law – Texas Board of Legal Specialization (2008)
Member
State Bar of Texas
American Bar Association
American Trial Lawyer Association
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Dallas County Bar Association
Tarrant County Bar Association
Million Dollar Advocates Forum
Nation Trial Lawyers – Top 100 Trial Lawyers
Publications
Litigating Dog Bite Cases, Texas Dog Law Seminar, Dallas 2009