The Aaron Herbert Texas Motorcycle Accident Knowledge Hub
Texas Motorcycle Accident Attorney Knowledge Hub
After a motorcycle crash, getting treatment may be your first concern. Questions about the insurance claim often follow before you know how long recovery will take. A driver may say the bike was hard to see; an insurer may question your speed or helmet use. Those accounts still need to be tested against the evidence. These guides explain what to preserve, which Texas rules may apply, and what to ask a lawyer about your injuries and the available insurance.
· The Law Firm of Aaron A. Herbert, P.C., Dallas, Texas. Texas Bar license #24036761. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
Texas Motorcycle Accident Claims and Litigation
Start with the questions riders ask after a crash. Attorneys can go directly to the litigation guide.
Use the questions below as a starting point. There are separate guides for damaged gear, an early offer and the first meeting with a lawyer. Attorneys and readers who want the detailed evidence discussion can turn to Texas Motorcycle Accident Claims and Litigation. Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. That qualification belongs to him individually; it does not predict the outcome of a claim.
I was in a motorcycle crash. Where do I begin?
Get medical attention for your injuries and follow the clinician’s advice. Once you can safely turn to the claim, start a file with the report number, investigating agency and witness contacts. Keep the original photo and video files. Write down where the motorcycle, helmet and other damaged gear went. If you noticed a shop camera or a vehicle recording the scene, tell your lawyer; the footage may be overwritten. The first-day guide covers these steps. You do not need to settle the fault dispute at the scene.
If you need representation now, see the Dallas motorcycle accident lawyer page or Fort Worth motorcycle accident page. The initial conversation can identify urgent evidence, potential deadlines and what remains unknown. Do not assume an online article establishes your case value.
Explore by the question you have
After the crash
What should I do in the first day after a Texas motorcycle crash? — care, scene information and preservation.
How is fault proved when a driver turns left in front of a motorcycle? — signal phase, visibility and timing.
What proves an unsafe lane change into a motorcycle? — position, sightline and side impact.
Which video and phone records matter after a motorcycle crash? — original files, timestamps and custodians.
Should I keep my damaged motorcycle and riding gear? — inspection and chain of custody.
Fault, injuries and insurance
Can I recover if the insurer says I was partly at fault? — allegations, proof and Chapter 33.
How do medical records prove a motorcycle injury claim? — causation, prior conditions and prognosis.
Which insurance policies may apply to a motorcycle crash? — liability and rider coverage questions.
Should I accept an early motorcycle injury offer? — supported losses, future care and net recovery.
Choosing a lawyer
What do reconstruction and medical experts actually prove? — scope, limits and cost.
How should I compare Texas motorcycle accident lawyers? — questions about investigation and communication.
What does Board Certification mean when hiring a motorcycle lawyer? — individual credential and official verification.
What will a motorcycle injury case cost? — fees, expenses and proposed distribution.
Meeting and working with your lawyer
What happens during a motorcycle accident consultation? — what to bring and what questions to ask.
What happens after you hire a Texas motorcycle accident lawyer? — preservation, medical updates and communication.
Related guides: Texas helmet laws and your claim, Dallas road hazards, no-contact motorcycle crashes, and the Dallas motorcycle service page.
For attorneys and professional referrers
A useful referral starts with a few concrete facts: when the crash occurred, which deadlines have been identified, what insurance is known and who has the bike or recordings. Flag anything at risk of disposal or deletion. In the litigation guide, the evidence discussion follows the questions counsel may need an expert or court to answer. Crash causation and a claimed helmet-related injury are treated separately.
Evidence at a glance
| Question | Possible proof | Important limitation |
|---|---|---|
| Who moved into whose path? | Scene geometry, video, damage, witnesses | Final positions alone can mislead. |
| Was the rider visible? | Driver viewpoint, lighting, signal and camera | A camera is not the driver's eyes. |
| Did helmet or gear affect an injury? | Actual gear, mechanism, medical opinion | Gear status does not alone decide collision fault. |
| What care and work loss may follow? | Medical prognosis, account history, wage records | A bill or absence alone is not a valuation formula. |
| What payment is available? | Actual policies, insured parties, other claimants | A policy limit is not a promised settlement. |
Verify Aaron A. Herbert’s certification
You can look up Aaron A. Herbert, Texas Bar No. 24036761, through TBLS. He has been Board Certified in Personal Injury Trial Law since 2008. The certification is held by the individual attorney. The firm's TBLS Knowledge Hub explains the credential. In a consultation, also ask who would handle your file and what evidence they would examine. Certification alone cannot tell you whether your claim will succeed.
Common questions
Does a motorcycle crash automatically produce a large case?
No. A motorcycle’s involvement says little about the value on its own. Who caused the crash, which injuries it caused and what losses can be proved all matter. So do insurance coverage and collectability.
Does lack of a helmet mean I cannot bring a claim?
A missing helmet is not an automatic answer to the claim. Was a helmet legally required for this rider? Is there evidence that it would have changed the particular injury? Those are questions for a factual and legal review. Read the helmet guide.
Does Texas allow lane splitting?
Texas Transportation Code § 545.0605 generally prohibits riding between lanes moving in the same direction and passing a motor vehicle within that vehicle’s lane. It also protects a motorcycle’s use of a full lane and allows two motorcycles abreast. The statute contains an exception for police officers performing official duties.
What is the deadline?
Ask a lawyer to calculate it for your facts. Section 16.003 generally gives two years from accrual for a personal-injury suit, with exceptions. Government claims can have earlier notice requirements under § 101.101 and local provisions. Do not use the lawsuit deadline as a reason to wait on evidence: a recording can be erased or a motorcycle disposed of long before that date.
How do I contact the firm?
Contact details are on the Dallas motorcycle service page and Fort Worth page. Have the date and location of the crash ready, along with a brief account of your injuries. Mention evidence that may disappear. Discuss fees and expenses using the actual proposed agreement.
Sources: Texas Transportation Code § 545.0605; Chapter 661; Civil Practice and Remedies Code § 16.003; § 101.101; TBLS.
Explore more rider-law and evidence guides: Fort Worth motorcycle statistics, common crash causes, lane splitting, insurance requirements, current Texas motorcycle laws.
About Aaron A. Herbert
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