HLAW’s Texas Premises Liability Archives: Child Injury Claims

A personal injury settlement can impact eligibility for SSI, Medicaid, and other essential government benefits.

A personal injury settlement can unexpectedly push your financial resources above eligibility thresholds, potentially terminating critical government benefits. In this article, you’ll discover how a settlement interacts with means-tested programs—SSI and Medicaid—alongside entitlement benefits like SSDI and Medicare. You’ll learn about Medicare Set-Asides (MSAs), special needs trusts, structured settlements, spend-down tactics, ABLE accounts, and state-specific rules in Texas. Finally, we map out a proactive timeline and how an expert team can help safeguard your benefits after an accident payout.

How Does a Personal Injury Settlement Impact SSI Benefits?

Supplemental Security Income (SSI) is a federal needs-based benefit for disabled, blind, or elderly individuals with limited income and resources. A personal injury settlement often counts as income in the month received and as a resource thereafter, which means a large lump sum can immediately disqualify you from SSI. Structured planning or trust arrangements can keep settlement funds off your balance sheet and preserve your monthly SSI payments.

What Are SSI Income and Resource Limits?

Below is a summary of the core limits that determine SSI eligibility and how settlement funds may exceed these thresholds.

Meeting these limits is essential because any amount above $2,000 in countable resources or unexcluded income can trigger SSI suspension or termination.

How Can a Lump Sum Settlement Affect SSI Eligibility?

A lump sum settlement is counted as unearned income in the first month, reducing benefits dollar for dollar, then becomes a countable resource in subsequent months. This mechanism means:

1. Benefit Reduction – SSI checks stop until your countable resources fall below $2,000.
2. Retroactive Reporting – Failure to report within 10 days can incur overpayment obligations.
3. Resource Depletion Risk – Unplanned spending can exhaust your settlement and permanently forfeit SSI eligibility.

Understanding these rules highlights the importance of careful financial structuring immediately after receiving funds.

Can Structured Settlements Help Preserve SSI Benefits?

Structured settlements divide your award into periodic payments rather than one lump sum. They:

• Guarantee a steady income stream below SSI’s monthly income cap.
• Prevent large balances from appearing on your resource report.
• Offer tax-free medical and disability payments when properly structured.

Opting for a structured settlement aligns payment amounts with SSI thresholds, maintaining your eligibility for ongoing benefits.

Structured Settlements Just Doubled – Increasing Benefits And Uses

Structured settlements, which provide scheduled payouts over many years rather than a single lump sum, saw a significant increase in use in 2023, with premiums jumping to $8.6 billion. These arrangements offer plaintiffs long-term financial security, tax-free payments, and the ability to design customized payment schedules, making them a valuable tool for managing personal injury awards.

What Strategies Protect SSI Benefits After a Settlement?

Several legal and financial tools can shield settlement funds from SSI resource tests:

1. Special Needs Trusts – First-party trusts hold funds for disability-related expenses without counting toward resource limits.
2. ABLE Accounts – Tax-advantaged savings for qualified disability expenses, up to $17,000 annual contributions.
3. Spend-Down Plans – Timely investment in exempt goods or services (home modifications, medical care) to reduce countable resources.

Implementing one or more of these tactics ensures settlement proceeds support your needs without jeopardizing SSI.

Special Needs Trusts and Personal Injury Settlements

A Special Needs Trust (SNT) is a legal tool that allows individuals with disabilities to hold assets, such as personal injury settlement proceeds, without jeopardizing their eligibility for means-tested government benefits like Medicaid and Supplemental Security Income (SSI). These trusts are crucial for long-term financial security, especially given the high costs of care, and must adhere to strict regulations regarding disbursements to supplement, not supplant, government programs.

How Do Personal Injury Settlements Affect Medicaid Eligibility?

Medicaid provides health coverage for low-income individuals and families. Like SSI, Medicaid is subject to strict income and asset tests. A settlement may trigger a state lien or push your countable resources above permissible limits, resulting in benefit loss or repayment obligations.

What Are Medicaid Income and Asset Limits?

Different Medicaid categories have varying thresholds. The table below outlines typical limits for an adult beneficiary.

Any settlement amount above these limits must be managed or sheltered to maintain Medicaid eligibility.

How Do Medicaid Liens Work on Personal Injury Settlements?

State Medicaid agencies have subrogation rights to recover medical costs paid on your behalf. This process involves:

• Lien Filing – Medicaid places a claim against your settlement proceeds.
• Recovery Negotiation – You or your counsel can negotiate lien reductions based on hardship or reasonableness.
• Mandatory Repayment – Unresolved liens must be satisfied before you access settlement funds.

Proactive negotiation can minimize the repayment amount and preserve more of your settlement.

How Can Special Needs Trusts Protect Medicaid Benefits?

A first-party Special Needs Trust (SNT) holds settlement proceeds for disability-related expenses without counting as a Medicaid asset. Types include:

• Self-Settled (First-Party) SNT – Funded with your own settlement, must name Medicaid as remainder beneficiary.
• Third-Party SNT – Funded by family or others, no Medicaid remainder requirement.
• Pooled SNT – Held by nonprofit organizations, pooled investments but individual accounts.

By funneling settlement funds into an SNT, you maintain Medicaid eligibility and ensure beneficiary-specific care.

What Are State-Specific Medicaid Rules?

Medicaid regulations vary by state.

In Texas:

• Lien Authority – Texas Health and Human Services can recover costs under Texas Human Resources Code §32.033.
• Coverage Thresholds – Texas follows federal income limits but imposes additional asset verifications.
• Hardship Waivers – Limited waivers may reduce lien amounts if recovery would cause undue hardship.

Local expertise is essential to navigate these nuances and negotiate favorable outcomes.

What Is a Medicare Set-Aside (MSA) and How Does It Relate to Personal Injury Settlements?

A Medicare Set-Aside (MSA) is a portion of your settlement reserved for future Medicare-covered medical expenses related to your injury. MSAs ensure Medicare’s interests are protected, complying with the Medicare Secondary Payer Act.

When Is a Medicare Set-Aside Required?

An MSA is required when:

• You are a Medicare beneficiary at settlement.
• Future medical treatment related to your injury is anticipated.
• Medicare has conditional payments or expects future liability.

Meeting these conditions avoids Medicare recovery actions after your settlement.

An Update on Medicare Set-Asides (MSAs) in Liability Cases

Medicare Set-Asides (MSAs) remain a critical consideration in liability settlements, ensuring Medicare’s future interests are protected in cases where future medical treatment related to an injury is anticipated. While there is no statutory or regulatory mandate for MSAs in liability settlements, plaintiffs’ attorneys must assess the need for an MSA to protect future Medicare coverage for claim-related expenses and educate clients on proper administration.

How Does an MSA Protect Medicare Benefits?

An MSA funds anticipated injury-related care, preventing you from depleting Medicare while still preserving benefits. By allocating settlement dollars to an MSA:

• Medicare remains secondary payer until MSA exhaustion.
• Injured parties avoid out-of-pocket expenses for approved care.
• Medicare liens post-settlement are minimized or eliminated.

This arrangement secures your long-term medical coverage.

What Are the Funding and Administration Options for MSAs?

You can fund and manage an MSA in two primary ways:

How Do Medicare Liens Affect Settlement Amounts?

Medicare’s recovery rights include liens on your settlement to reimburse conditional payments. Lien implications:

1. Lien Demand – CMS issues a demand letter specifying the repayment amount.
2. Lien Reduction – Negotiation based on actual future care needs can lower the demand.
3. Set-Aside Calculation – Formal MSA proposals to CMS lock in the required allocation.

Understanding lien mechanics ensures you retain as much of your award as possible.

How Are SSDI Benefits Affected by Personal Injury Settlements?

Social Security Disability Insurance (SSDI) is an earned benefit based on work history, not need. As such, SSDI remains intact regardless of your personal injury settlement. SSDI eligibility and payment amounts are governed by the Social Security Administration’s wage credits and not by income or assets.

Why Is SSDI Generally Unaffected by Settlements?

SSDI is funded through payroll taxes and tied to your insured status. Since SSDI does not consider resource or income limits, a settlement does not alter your entitlement. This distinction underscores why SSDI beneficiaries can receive awards without losing monthly benefits.

What Considerations Should SSDI Recipients Keep in Mind?

Even though SSDI checks continue:

• Report Other Benefits – You must report any worker’s compensation or public disability income to avoid overpayment.
• Subrogation Offsets – Some settlements allocate for lost wages, which could offset SSDI under coordination-of-benefits rules.
• Timely Notifications – Notify SSA of any change in address or benefit status to prevent interruptions.

These steps preserve SSDI payments and avoid inadvertent overpayments.

What Legal and Financial Strategies Protect Government Benefits After a Settlement?

Implementing the right combination of tools can safeguard settlement funds and maintain benefit eligibility across programs.

How Do Special Needs Trusts (SNTs) Safeguard Benefits?

Special Needs Trusts isolate settlement funds for disability-related expenses without counting them as income or assets. Key features include:

• Trustee Control – A designated trustee manages disbursements for allowable expenses.
• Benefit Preservation – SSI and Medicaid eligibility remain unaffected while trust funds cover supplemental needs.
• Remainder Requirements – First-party SNTs must reimburse Medicaid upon the beneficiary’s death.

Leveraging SNTs is widely recognized as the primary protection strategy for means-tested benefits.

What Are Spend-Down Strategies and How Do They Work?

Spend-down involves converting countable resources into exempt assets before reaching resource caps. Common tactics:

1. Medical Purchases – Prepay anticipated care, home health services, or medical equipment.
2. Home Improvements – Modify living spaces for accessibility under Medicaid-approved guidelines.
3. Prepaid Funeral Plans – Irrevocable burial trusts reduce countable assets.

Timely execution of spend-down strategies aligns your resource profile with eligibility rules.

Can ABLE Accounts Help Protect Benefits?

ABLE accounts permit tax-advantaged savings for qualified disability expenses, offering:

• Exclusion from Resource Tests – Up to $100,000 in ABLE funds does not count toward SSI asset limits.
• Qualified Expense Coverage – Housing, education, transportation, and health costs are permitted.
• Annual Contribution Cap – $17,000 per year (2024) from family, friends, or self.

ABLE accounts complement SNTs and structured settlements for holistic protection.

How Do Structured Settlements Compare to Lump Sums for Benefit Protection?

Structured settlements and lump sums differ across five critical dimensions:

What Are the State-Specific Considerations for Personal Injury Settlements Affecting Benefits?

Rules for liens, eligibility, and recovery vary by jurisdiction. In Texas, specific statutes and agency practices influence outcomes.

How Does Texas Medicaid Handle Liens and Recovery?

Under Texas Human Resources Code §32.033, the state can claim against your settlement for medical costs paid. Key points:

• Mandatory Notice – Texas Medicaid must be notified of pending settlements.
• Lien Calculation – Based on actual Medicaid expenditures, not estimates.
• Hardship Exceptions – Qualifying circumstances may reduce the recovery amount.

Navigating these statutes is critical to minimize Texas Medicaid’s reimbursement demands.

What Are Texas SSI and Medicaid Resource Limits?

Texas follows federal SSI limits and applies the same asset tests for Medicaid:

• SSI Resource Cap – $2,000 per individual or $3,000 per couple.
• Medicaid Asset Limit – $2,000 for aged or disabled adults.
• Income Thresholds – Matches federal income limits with occasional state supplements.

Staying within these parameters preserves both SSI and Medicaid benefits in Texas.

Why Is Local Legal Expertise Important for Benefit Protection?

State-specific rules and administrative procedures differ substantially. An attorney with Texas practice experience can:

• Interpret recovery statutes and negotiate liens under §32.033.
• Structure trusts and settlements in compliance with Texas Health and Human Services rules.
• Coordinate with local agencies to secure waivers or hardship exceptions.

Local counsel ensures your plan aligns with Texas requirements and maximizes benefit preservation.

When Should You Start Planning to Protect Your Government Benefits After a Personal Injury Settlement?

Early planning is the cornerstone of benefit protection. Addressing eligibility rules before settlement disbursement avoids costly mistakes and ensures a seamless transition.

Why Is Early Planning Crucial for Benefit Preservation?

Planning before settlement receipt prevents unintended disqualification:

• Avoids Overpayments – Timely structuring reduces repayment obligations to SSA and CMS.
• Optimizes Trust Setup – Establishing an SNT or ABLE account in advance avoids late-filing penalties.
• Secures Funding Vehicles – Designing a structured settlement or MSA early locks in favorable terms.

Proactive measures eliminate last-minute scrambling and protect your ongoing benefits.

Who Should Be on Your Expert Team?

A multidisciplinary team ensures comprehensive planning:

1. Personal Injury Attorney – Negotiates award elements and advocates for structured payouts.
2. Special Needs Trust Attorney – Drafts and administers trusts to shelter funds correctly.
3. Financial Planner – Designs spend-down schedules and ABLE account contributions.

Coordinated expertise aligns all strategies for maximal benefit preservation.

What Are the Key Steps in a Proactive Planning Timeline?

Implement this timeline for seamless benefit protection:

1. Pre-Settlement Consultation – Review benefit rules, asset tests, and lien exposures.
2. Settlement Structuring – Choose lump sum allocation, structured payments, and trust vehicles.
3. Post-Settlement Execution – Fund SNTs, open ABLE accounts, complete spend-down transactions.
4. Ongoing Compliance – Monitor resource balances, report to agencies, adjust distributions as needed.

Following this roadmap secures your benefits and optimizes settlement utilization.

Injured individuals facing the complexities of government benefits need clear, actionable planning from day one. By understanding SSI, Medicaid, Medicare, and SSDI rules—and leveraging trusts, structured settlements, and ABLE accounts—you preserve essential support while maximizing your settlement’s value. Engage experienced legal and financial professionals early to craft a tailored strategy that aligns with federal and Texas-specific regulations. With proactive guidance and precise execution, you can protect your government benefits and focus on recovery without financial fear.

Protect Your Benefits While Pursuing the Compensation You Deserve

A personal injury settlement should help you move forward — not put your Medicaid, SSI, or Medicare coverage at risk. At Howard, Lotspeich, Alexander & Williams, PLLC (HLAW), we understand the need to structure settlements and coordinate with benefit programs to protect your long-term care and financial security.

Schedule a free, no-obligation case evaluation today. Call us at 817-993-9249 or fill out our online contact form to speak directly with an experienced Texas personal injury attorney. Let us help you maximize your recovery while safeguarding the government benefits you rely on.

HLAW stands beside grieving families, offering personalized legal representation and genuine care after a wrongful death tragedy.

When someone you love is taken from you because of another’s negligence, your world changes forever. The grief is overwhelming, and the legal system feels cold and impersonal—especially if your only exposure to wrongful death representation comes from loud television ads and billboards.

At Howard Lotspeich Alexander & Williams, PLLC(HLAW) we believe families deservesomething different. 

We’re not a mega-firm chasing numbers; we’re a team of local attorneys committed to walking with you through one of life’s most devastating moments, while relentlessly pursuing justice for your loved one.

Deep Roots in the Dallas–Fort Worth Community

“We’re not just lawyers—we’re neighbors who care about what happens to the people who make North Texas home.” -Luke Williams, Partner, HLAW

We live here. We raise our children here. We support our schools, churches, and small businesses here. That local connection means we treat every client as a neighbor, not a transaction.

Our understanding of North Texas—its roads, workplaces, courts, and juries—gives us insight that large “television commercial” firms can’t match. 

But more importantly, we understand the people. When you sit down with us, you’ll meet the lawyers who genuinely care about your story and your loss. And, those are the lawyers who you’ll directly deal with (we never pass your case off to an associate or junior attorney).

A Different Kind of Representation

“We don’t view wrongful death cases as paperwork to be processed — we see them as profound trusts placed in our hands” – Jess Lotspeich, Partner, HLAW

That perspective shapes every step we take:

• Listening First:We take the time to hear about your loved one—their life, their character, and the hole their absence has left behind.
• Building the Story:We investigate thoroughly, gathering evidence and expert testimony to make sure the truth is told with clarity and strength.
• Honoring Your Family’s Pace:We guide you through the process without rushing or pressuring you, helping you make informed decisions when you’re ready.
• Standing Beside You in Court or Settlement Talks:We fight for accountability and compensation while keeping your well-being at the center.

Justice with Heart

“Every wrongful death case is about more than statutes and damages—it’s about people, memories, and futures.” – Jason Howard, Partner, HLAW

We see ourselves as both advocates and allies. We’re here to:

• Explain each step in plain language, so you always know what’s happening.
• Connect you with grief support and counseling resources.
• Offer practical help, whether it’s explaining probate issues, helping with insurance paperwork, or simply checking in when the process feels heavy and overwhelming.

Your Family’s Case Deserves Personal Attention

Large advertising firms may promise fast and aggressive results, but speed isn’t the same as care. Our commitment is to provide thoughtful, individualized service—never cookie-cutter solutions. We limit the number of wrongful death cases we accept so that every family gets the attention and preparation they deserve.

“When you trust us with your loved one’s story, we treat that responsibility with the care it deserves.” -Laura Alexander, Partner, HLAW

Whether your case involves a car crash, an industrial accident, a commercial truck, a dangerous product, or another preventable tragedy, we have the experience (20+ years handling wrongful death claims) to take on powerful defendants and insurance companies. And because we work on a contingency fee, you don’t pay unless we win for you.

📞 We’re Here When You’re Ready

Unfortunately, these days, other law firms have resorted to high-pressure and predatory tactics to get you to retain them to represent you in wrongful death cases. HLAW refuses to air gimmicky commercials or employ solicitors who hound you. We maintain that as we adhere to our principals, our ethics and a genuine drive to help families out with care and compassion, those that need us will find us. We stand at the ready to represent you and your family and be a light during one of the darkest moments you may have ever been through.

If you’ve lost someone because of another’s negligence, we invite you to talk with us—without pressure or obligation.

Call us today at (817) 993-9249 or contact us onlineto schedule a free consultation and case evaluation.

Together, we can honor your loved one’s memory, seek accountability and compensation, and help your family move toward peace.

From heavy rain to icy sidewalks, Texas weather can create dangerous conditions that lead to personal injury claims.

Texas weather is anything but predictable. From spring thunderstorms to icy winter mornings and even the occasional hurricane, our state’s climate can create dangerous conditions that lead to serious injuries. When someone is hurt because a property owner failed to address these hazards, a personal injury claim may arise under premises liability law.

In this article, we’ll break down how Texas weather contributes to personal injury claims, the duties of property owners, and what victims need to know if they’re injured due to rain, ice, or storm debris or damage.

Understanding Premises Liability in Texas

Premises liability is a legal theory that holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. The injured party (known as the “invitee,” “licensee,” or sometimes “trespasser”) must show that the owner:

1. Knew or should have known about the hazardous condition,
2. Failed to correct or adequately warn about it, and
3. That failure caused the injury.

Weather-related hazards fall squarely under this framework — but proving liability can be tricky, especially when storms or ice are involved.

Common Weather-Related Hazards in Texas

1. Rain and Standing Water

Rain may seem harmless, but it can quickly create dangerous slip-and-fall conditions. Smooth surfaces like tile, polished concrete, or wood decks become slick when wet.

• Examples:Wet grocery store aisles after customers track in rainwater, slippery entry mats, or puddles near entrances.
• Owner’s duty:Businesses must mop floors, place caution signs, and use non-slip mats when they know customers are likely to bring water inside.

Tip: Photographs of the scene immediately after a fall can be powerful evidence of negligence.

2. Ice and Snow

While ice storms are less frequent in Texas than in northern states, freezing precipitation can paralyze entire cities. Sidewalks, parking lots, and stairs become treacherous during sleet or snow events.

• Examples:Black ice in shopping center parking lots, untreated apartment walkways, or icy office steps.
• Owner’s duty:If an owner knows ice is present or reasonably should know (for example, after a forecasted storm), they must take reasonable steps like salting, sanding, or blocking off dangerous areas.

Courts recognize that it’s not always possible to clear ice immediately, but an owner’s response must be reasonable given the circumstances.

3. Storm Debris/Damage and Wind Hazards

Texas is no stranger to high winds, hail, and hurricanes. After a storm, broken tree limbs, fallen signs, or scattered debris can injure visitors.

• Examples:A customer trips over storm branches in a parking lot, or a loose roof tile falls and causes a head injury.
• Owner’s duty:Once the storm passes, property owners are expected to inspect and remove hazards in a timely manner.

Challenges in Proving Weather-Related Claims

Weather creates a unique defense for property owners: the “act of God”doctrine. If a hazard is caused by sudden, uncontrollable weather — and the owner had no reasonable opportunity to fix it — they may avoid liability.

Key factors courts consider:

• How long the hazard existed before the accident.
• Whether weather reports warned of dangerous conditions.
• Whether the owner made reasonable efforts (clean-up crews, warning signs, barriers).

This is why prompt investigation and documentationare essential for injured parties.

Steps to Take After a Weather-Related Injury

If you’re hurt because of rain, ice, or storm debris, you can protect your claim by:

1. Seeking medical attentionimmediately to document your injuries.
2. Reporting the incidentto the property owner or manager.
3. Taking photos and videosof the hazard and surrounding area.
4. Collecting witness names and contact infoif anyone saw the accident.
5. Consulting an experienced personal injury attorneyas soon as possible.

How an Attorney Can Help

A skilled attorney can:

• Investigate weather data, maintenance logs, and security footage.
• Identify all responsible parties (property owner, management company, contractors).
• Work with experts to show how long the hazard existed and whether the owner acted reasonably.
• Negotiate with insurers or take the case to trial if necessary.

Final Thoughts

Texas weather may be unpredictable, but property owners still have a duty to protect visitors from foreseeable hazards like rainwater, icy walkways, and storm debris. If you or someone you love has been injured due to unsafe conditions after bad weather, don’t wait to get help.

Contact our firm today for a free consultation. We’ll evaluate your case, gather evidence, and fight for the compensation you deserve.

Learn the truth behind common myths that hurt injured riders in Texas motorcycle accident claims.

Debunking misconceptions in Texas that can hurt injured riders in court or settlement talks

Motorcyclists already fight an uphill battle against bias. Add a handful of persistent myths, and a valid injury claim can be undervalued—or lost entirely. Below, we break down the most common misconceptions we see in Texas cases and set the record straight with practical, courtroom-ready guidance.

Myth #1: “If I wasn’t wearing a helmet, I can’t recover anything.”

Reality:Texas uses modified comparative negligence, not wearing a helmet is not an automatic bar to a lawsuit or claim.

Under the proportionate responsibility statute, your recovery is reduced by your percentage of fault and barred only if you are more than 50% at fault. See Tex. Civ. Prac. & Rem. Code (CPRC) §33.001–.003. Failure to wear a helmet is notnegligence per se and does notautomatically defeat your claim. It may become a damages issue only ifthe defense proves a causal link between the lack of a helmet and the injuries you’re claiming.

Texas helmet law, quickly:Riders under 21 must wear a helmet; riders 21+ may ride without one if they’ve completed a safety course or carry the required insurance. See Tex. Transp. Code §661.003. Police generally can’t stop an adult rider solely to check helmet qualifications. In civil cases, defense lawyers sometimes try to analogize the Texas Supreme Court’s seat-belt ruling (allowing non-use evidence when causally relevant) to helmets. The take-home: it’s a fact-specificmitigation argument, not a total bar.

What helps:medical causation testimony tying head/face injuries (or the lack of them) to actual crash dynamics; biomechanical opinions; and focusing the jury on the primary negligence(left-turn, unsafe lane change, failure to yield) rather than equipment debates.

Myth #2: “Lane splitting is legal here, so the car is always at fault.”

Reality:Lane splitting is not legal in Texas.

Texas requires vehicles—including motorcycles—to remain within a single lane and only move to another lane when it is safe. See Tex. Transp. Code §545.060. A rider who threads between lanes risks a comparative fault finding. That said, the driver’s independent negligence (unsafe left turn, failure to keep a proper lookout, texting, etc.) still stands and may carry the larger share of fault.

What helps:scene photos/video, speed analysis, witness statements on the driver’s actions, and clear testimony about rider conspicuity and escape options.

Myth #3: “The at-fault driver’s insurance will pay my medical bills as I go.”

Reality:In Texas, liability carriers typically pay once—in a lump-sum settlement or judgment.

During treatment, you’ll usually rely on PIP/MedPay, health insurance, or letters of protection obtained with the help of an attorney. Personal Injury Protection (PIP)must be included in Texas auto policies unless rejected in writing; minimum limits are commonly $2,500 (many purchase more). See Tex. Ins. Code §1952.151et seq.UM/UIMcoverage must also be offered and can fill the gap when the at-fault driver is uninsured or underinsured (Tex. Ins. Code §1952.101).

What helps:verify and stack available coverages early (PIP, MedPay, UM/UIM, third-party liability), confirm written rejections, and align medical billing to reduce balance-billing surprises.

Myth #4: “The police report decides liability.”

Reality:It’s helpful, but not dispositive.

Crash reports often contain hearsay, opinions, and incomplete facts. They’re useful leads, but liability turns on admissible evidenceand a jury’sallocation of fault. We corroborate (or challenge) the report with photos, EDR/ECM data, dashcam, smart-home or business cameras, 911 audio, phone metadata, and expert analysis.

What helps:rapid preservation letters, on-scene measurements, and prompt open-records requests. Don’t let the only story in the file be the first one written.

Myth #5: “I have to give the other insurance company a recorded statement.”

Reality:You don’t owe a recorded statement to the other side.

Cooperate with yourinsurer as your policy requires, but politely decline recorded interviews from the adverse carrier. Adjusters are trained to lock in admissions and minimize claims. We provide evidence in writing at the right time and with the right context.

What helps:route all communications through your lawyer; provide concise, verified, non-recordedfactual updates when tactically advantageous.

Myth #6: “If it was a hit-and-run, there’s nothing I can do.”

Reality:UMcan still cover you—often the difference-maker.

Texas Uninsured Motoristcoverage is designed for exactly this situation. Promptly report the crash to law enforcement and your insurer, document the attempted identification, and preserve all video (helmet cam, dashcam, nearby businesses). A quick canvass often finds a camera you didn’t know was there.

Myth #7: “Pain and suffering isn’t a thing in Texas.”

Reality:It is—but you have to prove it.

Texas permits recovery of non-economic damages(pain, mental anguish, physical impairment, disfigurement, loss of enjoyment) along with economic losses (medical bills, wage loss, diminished earning capacity). There’s no general PI cap outside medical malpractice; exemplary (punitive) damagesare available for fraud, malice, or gross negligence, subject to CPRC §41.008caps.

What helps:consistent treatment records; specific day-in-the-life examples; employer corroboration; before-and-after witnesses; photos of visible injuries; and functional testing.

Myth #8: “Because I was speeding a little, I don’t have a case.”

Reality:Comparative negligence assigns percentages, not absolutes.

Even if a rider shares some blame (e.g., modest speeding), you can still recover so long as your responsibility does not exceed 50%(CPRC §33.001). Defense experts often overstate speed—accident reconstruction, skid analysis, and video frame-rate work can bring the number back to reality.

Myth #9: “I can file whenever; the insurance negotiations will keep the clock open.”

Reality:The statute of limitations is generally two yearsfrom the crash (or death).

See CPRC §16.003. Claims involving governmental entitiestrigger notice deadlines as short as 6 months(and some cities/charters even shorter) under the Texas Tort Claims Act, §101.101. Negotiations do nottoll the statute. File or toll, or risk losing the claim.

Myth #10: “Juries always blame the biker.”

Reality:Juror bias is real, but evidence beats stereotypes.

Clear liability narratives, humanized riders (family, work, safety training), expert-driven crash analysis, and smart voir dire go a long way. We show visibility challenges drivers should anticipate (left-turn across path, blind-spot merges), transform “biker bias” into a driver-dutycase, and anchor damages to objective proof.

What Damages Can a Texas Motorcyclist Recover?

• Medical expenses(past/future) and rehabilitation
• Lost wagesand diminished earning capacity
• Property damage(bike, gear)
• Pain, mental anguish, physical impairment, disfigurement, loss of enjoyment
• Exemplary damagesin qualifying cases (CPRC Ch. 41)

Practical Steps That Strengthen Your Claim

1. Medical care now, not later.Gaps in treatment are Exhibit A for adjusters.
2. Preserve evidence immediately.Send spoliation letters, pull 911/dashcam/business video, and capture the scene.
3. Lock down your coverages.Confirm PIP/MedPay and UM/UIM; get written rejections if the carrier claims you waived them.
4. Control communications.No recorded statements to the at-fault carrier. Route everything through counsel.
5. Watch your social media.Even harmless posts get twisted; tighten privacy and post nothing about the crash or activities.

FAQs

Is lane filtering ever allowed at a red light?

Not under current Texas law. Treat it like any other lane rule (Transp. Code §545.060).

Will not wearing a helmet kill my case?

No. It may become a limited damages issue if causally tied to head injuries, but it’s not an automatic bar (CPRC Ch. 33; Transp. Code §661.003).

Can I use PIP (Personal Injury Protection) if I was on a motorcycle?

PIP is tied to the auto policyterms. Many Texas policies cover the named insured and household family members as pedestrians or occupants of a motor vehicle—check your declarations and endorsements. If it was yourauto policy, PIP often still applies; if it was the other driver’spolicy, it won’t.

What if a city truck hit me?

You likely face short notice deadlinesand damage capsunder the Texas Tort Claims Act (CPRC Ch. 101). Act fast.

How long do I have to file?

Generally two years(CPRC §16.003). There are exceptions (minors, government, wrongful death), so get a legal review immediately.

Why Riders Choose Our Firm

We understand both the bias riders face and the physics of motorcycle crashes. We build cases around driver duty, not stereotypes—backed by reconstruction experts, medical specialists, and a trial-ready file from day one. Whether you ride a cruiser on 377 or commute through West 7th in Fort Worth, Texas, your case deserves a fair look and full value.

Take the Next Step Toward Justice and Recovery

If you or someone you love has been injured in a motorcycle accident anywhere in Texas, don’t wait to get the help you deserve. The sooner an experienced attorney is on your side, the stronger your claim will be. At HLAW, we know how to overcome bias against riders, protect crucial evidence, and fight for every dollar you’re owed.

Our team will:

•  Evaluate liability from every angle – driver negligence, road hazards, defective parts, or all of the above.
• Uncover every available source of compensation, including PIP, MedPay, and UM/UIM coverage you may not realize you have.
• Build a tailored treatment and evidence strategy that supports both your medical recovery and your financial claim.
• Negotiate assertively or take your case to trial if the insurance company refuses to treat you fairly.

You don’t have to face insurance adjusters, complex laws, or mounting medical bills alone. Contact us today for a free, no-obligation consultation—let us put our experienced team and resources to work for you and your family.