You Are Reading This Because Someone You Love Was on a Motorcycle in Odessa, and Someone Else Changed Everything
If you found this page, you are probably sitting in a hospital chair or standing in a hallway at Medical Center Hospital, or you got a phone call about a family member on a Saturday that started like every other Saturday in the Permian Basin and ended with a motorcyclist on a stretcher and a driver in handcuffs. The news said a man was arrested in connection with the crash. That word — “arrested” — tells you something went wrong that went past ordinary carelessness. But it does not tell you what happens next for the person in the bed, or for the family now trying to hold a life together with one hand while the other sorts through bills, phone calls from adjusters, and the dread that the proof of what really happened is already disappearing.
We are Attorney911 — The Manginello Law Firm. We handle motorcycle accident cases and catastrophic injury claims across Texas, including the Midland-Odessa region. This page is not a sales pitch. It is the straight, full truth about what a serious motorcycle crash case in Ector County involves — the law, the medicine, the money, the evidence, the deadlines, and the playbook the insurance company is already running against you while the rider is still in the hospital. Everything here applies to a situation like the one that happened on that Saturday in Odessa. We were not hired on that crash and have taken no action on it. But if you are living through something like it, this is the page we wish someone had written for you at 2 a.m. when the waiting room was cold and the questions were worse.
What a “Man Arrested in Connection With a Crash” Really Means for Your Case
When law enforcement arrests a driver in connection with a crash that seriously injures a motorcyclist, the arrest signals that officers found probable cause to believe the driver committed a criminal act — not just a mistake, but a violation serious enough to justify taking someone to jail. In Texas, that can mean intoxication assault, reckless driving, failure to stop and render aid, or another criminal charge tied to the operation of a vehicle.
Here is what that arrest does and does not do for the injured motorcyclist’s civil case:
The arrest is not a conviction. It is not a finding of civil liability. It does not automatically mean the insurance company will pay. But it is a powerful piece of evidence, and here is why: the criminal investigation generates records — blood-alcohol test results, accident reconstruction measurements, witness statements taken within hours when memories were fresh, dash camera or body camera footage, field sobriety evaluations — that a civil attorney can later obtain and use to prove what happened. A driver who pleads guilty or is convicted of intoxication assault has, in many Texas courts, effectively established negligence per se — meaning the violation of the criminal statute itself becomes proof of civil fault, and the fight shifts from “was the driver at fault” to “how much did the driver’s fault cost this rider.”
The criminal case and the civil case are separate proceedings with separate deadlines, separate rules, and separate purposes. The criminal case exists to punish. The civil case exists to compensate — to pay for the hospital, the surgeries, the lost wages, the future care, and the human cost of what was taken. One does not automatically wait for the other. And while the criminal case grinds forward in the Ector County courts, the civil evidence is on a clock that is much shorter than most families realize.
Texas law gives you two years from the date of the crash to file a personal injury or wrongful death lawsuit. That deadline is real, it is strict, and the court will dismiss a case filed even one day late — no matter how strong the evidence is.
That two-year statute of limitations is the outer wall. But the evidence that proves your case does not survive two years. Some of it does not survive two weeks. That gap — between how long you have to sue and how fast the proof disappears — is the single most important thing to understand about the first days after a motorcycle crash.
Texas Law Protects Injured Motorcyclists — Here Is How It Actually Works
Texas is a fault-based state for motor vehicle crashes. That means the person who caused the crash — and that person’s insurance — is responsible for paying the harm they caused. There is no “no-fault” system that caps your right to sue or funnels you into a benefits schedule. You have the right to hold the at-fault driver accountable in court, in front of an Ector County jury, for the full measure of what they took.
Texas follows a modified comparative negligence rule with a 51 percent bar. In plain English: if the at-fault driver’s lawyer tries to pin part of the blame on the motorcyclist — for speed, for lane position, for anything — the rider can still recover as long as their share of fault is 50 percent or less. The recovery is reduced by the rider’s percentage. But if the rider is found 51 percent or more at fault, recovery is barred entirely. That is exactly why the insurance adjuster works so hard in the first weeks to build a narrative that the motorcycle was speeding, weaving, or “came out of nowhere.” Every percentage point of fault they manufacture is money off the settlement, and if they can push it past 50, the case is worth zero.
For motorcycle crashes specifically, Texas has a helmet law that creates a trap the defense loves to exploit. Riders under 21 must wear a helmet. Riders 21 and older may ride without one if they have completed an approved motorcycle safety course or carry at least $10,000 in medical benefits coverage. If the rider was not wearing a helmet — even legally — the defense will argue that the head injury would have been less severe with one, and try to reduce the damages. Whether that argument succeeds depends on the specific injuries, the medical evidence, and whether the defense can prove the helmet would have made a difference. It is not automatic, but it is a fight, and it is one the adjuster will start before the family even knows it has begun.
Texas has no statutory cap on non-economic damages in ordinary motor vehicle cases. Unlike medical malpractice claims, where Texas caps pain and suffering damages, a motorcycle crash caused by a negligent driver has no artificial ceiling on what a jury can award for pain, disfigurement, mental anguish, and the loss of the life the rider used to live. Economic damages — medical bills, lost wages, future medical care — are never capped.
Texas does place limits on punitive damages (also called exemplary damages), which are available when the defendant acted with gross negligence or malice. The cap is the greater of: (a) two times the economic damages plus an equal amount of non-economic damages up to $750,000, or (b) $200,000. In a case where the driver was arrested — particularly for intoxication — punitive damages may be on the table, and the arrest itself is evidence that supports the gross negligence argument.
Who Is Responsible When a Driver Is Arrested After a Motorcycle Crash
The arrested driver is the obvious defendant. But identifying every responsible party is the difference between a claim that covers the full loss and one that runs dry after the first set of medical bills. Here is the full defendant map for a crash like this:
The at-fault driver. This is the person who was arrested. Their auto insurance is the first layer of coverage. Texas requires minimum liability coverage of $30,000 per injured person, $60,000 per accident, and $25,000 for property damage — the “30/60/25” floor. One night in a trauma center for a seriously injured motorcyclist can blow through that $30,000 before the rider’s family has even spoken to an adjuster. If the driver carried only the minimum, the policy is a fraction of what the injury is worth.
The vehicle owner. If the at-fault driver was driving someone else’s car — a family member’s, a friend’s, a company’s — the owner may be separately liable under Texas negligent entrustment law if they knew or should have known the driver was unfit to operate the vehicle. If the driver was intoxicated, the question of who handed them the keys and what they knew is its own investigation.
A bar or restaurant (dram shop). Texas allows claims against establishments that over-served alcohol to a visibly intoxicated person who then caused a crash. If the arrested driver had just left a bar or restaurant in Odessa and was over-served, the establishment that served them carries its own liability insurance — often far larger than a personal auto policy. A dram shop claim must be investigated immediately. The bar’s security footage overwrites itself in weeks. The servers’ memories fade. The receipt that shows how many drinks were served is on a point-of-sale system that may purge transactions in 90 days.
An employer (if the driver was on the job). If the at-fault driver was working — making a delivery, driving a company vehicle, running an errand for an employer — the employer may be liable under respondeat superior. In the Permian Basin, where oilfield service companies, water haulers, and equipment transporters put thousands of commercial vehicles on the roads around Midland and Odessa, this is a question that must be asked early. A commercial vehicle carries far more insurance than a personal car — the federal minimum for interstate commercial vehicles is $750,000, and many carriers carry millions.
The at-fault driver’s excess or umbrella policy. If the driver carried an umbrella or excess liability policy above their auto insurance, that additional layer may be available — but the insurance company will not volunteer its existence. It must be demanded in writing, in discovery, and sometimes through a separate coverage action.
The motorcyclist’s own underinsured motorist (UM/UIM) coverage. This is the coverage that protects the rider when the at-fault driver’s insurance is not enough. In Texas, UM/UIM is offered with every auto policy unless the insured rejects it in writing. Many motorcyclists do not realize their motorcycle policy — or even their car policy — may provide UM/UIM coverage that stacks on top of the at-fault driver’s limits. If the at-fault driver carried only $30,000 and the rider’s injuries are worth $500,000, the rider’s own UM/UIM coverage can bridge the gap. Finding every policy that might respond is part of the work.
The Evidence Clock — What Exists and How Fast It Disappears
This is the section that explains why the first phone call matters more than any other decision in the first week. Every piece of evidence that proves what happened on that Saturday in Odessa is on a timer, and the timers are shorter than anyone expects.
The at-fault vehicle’s event data recorder (EDR). Most vehicles built in the last decade carry a “black box” — a crash recorder that, by federal definition, snaps on the instant a crash changes the vehicle’s speed by as little as five miles per hour. It captured the seconds before impact: how fast the vehicle was going, whether the brake was applied, whether the accelerator was pressed, whether the seatbelt was buckled, and the exact change in velocity at impact. If the airbags deployed, federal law requires that recording to be locked so it cannot be overwritten. If the airbags did not deploy, the recording can be erased the next time the vehicle is driven — the next hard stop writes over the crash data. The vehicle itself can be sold, repaired, or crushed within weeks by a salvage yard. The EDR data must be imaged by a trained technician with the right forensic tool before the vehicle moves or the ignition cycles.
Surveillance video from nearby businesses. Odessa has cameras everywhere — gas stations, convenience stores, traffic cameras, ring doorbells, business security systems. The crash that led to the arrest was almost certainly captured on at least one camera. That footage shows the speed, the angle, whether the motorcycle had the right of way, whether the at-fault driver ran a light or stop sign, and whether the rider was thrown or pinned. Business security systems routinely overwrite on a rolling loop — commonly 30 days, sometimes as short as a week. Nobody is required to save that footage unless they receive a written preservation demand. Every day that passes without a preservation letter is a day the truth is recording over itself.
The police crash report and the criminal investigation file. The Odessa Police Department or the Texas Department of Public Safety (if a trooper worked the crash) will produce a crash report — CR-3 in Texas — within days to weeks. That report contains the officer’s assessment of fault, diagrams, witness identifications, and the charges filed. The criminal investigation file — blood test results, field sobriety evaluations, body camera footage, accident reconstruction — is a separate, richer set of records. Some of it is public; some requires a subpoena or a discovery request in the civil case. The criminal file can take months to fully develop, but the early records — the blood draw, the booking video, the initial officer narratives — are the freshest and most honest accounts that will ever exist.
911 calls and dispatch records. The first calls to 911 captured what witnesses saw and said in the raw, unguarded moments after impact — before anyone had a chance to think about blame or lawyers. Those recordings are retained on the dispatch center’s schedule, which varies, and they are not preserved indefinitely. They must be requested specifically and early.
Witness statements. People who saw the crash will tell you what they remember. But memory degrades within hours, and by the time an insurance adjuster contacts them weeks later, their recollection has been contaminated by the adjuster’s framing of the question. The single most valuable thing a witness can provide is a recorded statement taken immediately, before the insurance company gets to them.
Physical evidence at the scene. Skid marks, gouge marks in the pavement, debris fields, fluid stains, and the position of the vehicles before they were moved — all of this tells a reconstructionist exactly what happened. The scene is cleaned up within hours of the crash. Skid marks fade in the West Texas heat and wind within days. The road is repaved or resurfaced without anyone notifying the family. A reconstruction expert must document the scene before the evidence is gone, and that means getting the expert out there fast.
The motorcycle itself. The rider’s motorcycle is evidence — the damage patterns show the angle and force of impact, whether the brakes were applied (tire marks on the bike’s own tires), and whether equipment failure contributed. The motorcycle sits in a tow yard accruing storage fees. If it is released, repaired, or sold, the physical evidence is destroyed. It must be preserved, photographed from every angle, and examined by an expert before any repair or disposal.
Federal law defines a crash “event” as one that causes a change in vehicle velocity of at least 8 kilometers per hour — roughly 5 miles per hour — within a 150-millisecond interval. In any real motorcycle-versus-vehicle collision, that threshold was crossed. A record exists. The question is whether anyone pulls it before it is gone.
Medical records from the first hours. The EMS run sheet, the ER triage note, the initial trauma assessment, the first set of scans — these are the documents that prove the injury was caused by the crash and not by something pre-existing. They are created in real time and are generally durable in the hospital’s records system. But the narrative in them can be shaped by what the patient says (or cannot say, if unconscious) and what the hospital staff observes. A motorcyclist who was intubated and sedated cannot tell the ER doctor that their back was already hurting before the crash — so the records will attribute all injuries to the collision, which is good. But a motorcyclist who is awake and says “I’m okay” because adrenaline is masking a fractured spine has just created a record the defense will use to argue the injury was minor.
The Insurance Adjuster’s Playbook — and How We Counter Each Move
Lupe Peña spent years inside a national insurance-defense firm before he joined this practice. He sat in the rooms where claims like yours are priced. He knows how adjusters set reserves, how they pick doctors, and how they engineer recorded statements — because he did it. Now he uses that knowledge for injured people. Here are the plays the insurance company is running right now, and the counter to each one:
Play 1: The “Just Checking In” Call. Within days of the crash, a friendly adjuster calls the rider or the family. They say they just want to “check on you” and “get your side of the story.” The call is recorded. Every word is being measured for later use. If the rider says “I’m doing okay” — because they are trying to be positive, or because they do not yet know how bad the injury is — the adjuster writes down “claimant reports doing okay” and uses it to justify a low settlement offer. If the rider describes the crash from memory, any inconsistency with the police report is flagged as a credibility problem.
Counter: Do not give a recorded statement to the at-fault driver’s insurance company. You are not required to. Anything you say will be used to reduce your claim, not to help you. The only statement that matters is one taken by your attorney, on the record, with preparation, after the full medical picture is known.
Play 2: The Fast Settlement Check. The adjuster may offer a settlement — sometimes within the first two weeks — that looks like real money but is a fraction of what the case is worth. The check comes with a release form. Once signed, the release closes the claim forever. The adjuster is counting on the family being overwhelmed with bills and not yet knowing the full extent of the injuries. A rider who signs a $25,000 release in week two, before the MRI shows a torn ligament or before the orthopedic surgeon says surgery is needed, has just traded a $200,000 case for $25,000.
Counter: Never sign a release before the full extent of the injuries is documented by a treating physician. The first offer is not a settlement — it is a trap. A serious motorcycle injury case is not ready to settle until the medical picture is complete, which can take months.
Play 3: The “You Were Speeding” Narrative. The adjuster begins building a comparative fault argument from day one. They send an investigator to the scene to look for evidence the motorcycle was speeding. They subpoena the motorcycle’s maintenance records to argue the brakes were worn. They interview neighbors about the rider’s driving habits. They comb social media for photos of the rider on a track or speeding on a highway. Every scrap goes into a file labeled “comparative fault” and is used to reduce the settlement by 20, 30, or 40 percent — or to push the rider past the 51 percent bar and zero out the claim.
Counter: We build our own reconstruction. We image the at-fault vehicle’s black box to prove their speed. We document the scene before the skid marks fade. We take witness statements before the adjuster gets to them. The comparative fault argument is only as strong as the evidence behind it, and the insurance company’s evidence is only as strong as the head start we give them by waiting.
Play 4: The Surveillance Watch. The insurance company may send an investigator to follow the injured rider. They sit outside the house, film the rider walking to the mailbox, going to physical therapy, or carrying groceries. They mine social media for any photo or post that shows the rider “doing fine.” A photo of the rider smiling at a family BBQ is Exhibit A in the defense’s “this injury is not serious” presentation — even if the rider went home afterward and took three pain pills to sleep.
Counter: Assume you are being watched. Do not post anything about the crash, your injuries, or your activities on social media. Do not discuss the case with anyone except your attorney and your doctors. Tell your family the same. Surveillance footage taken out of context is misleading — but it is admissible, and it is damaging if no one warned you it was coming.
Play 5: The “Independent” Medical Examination (IME). The insurance company sends the rider to a doctor of their choosing — a doctor who earns a significant portion of their income from insurance examinations and who has a financial incentive to minimize the injury. The IME doctor examines the rider for 15 minutes, reviews records selectively, and writes a report saying the injury is pre-existing, minor, or unrelated to the crash. That report is then used to justify a reduced settlement or to challenge the treating physician’s diagnosis at trial.
Counter: The treating physician’s opinion carries more weight than a 15-minute insurance exam — but only if the treating records are thorough and consistent. We work with the medical providers to ensure the records fully document the injury mechanism, the symptoms, and the functional limitations. We also prepare the client for what the IME will be like, so the defense doctor does not catch them off guard.
The Medicine of a Motorcycle Crash — What “Serious Injury” Really Means
A motorcycle offers no crumple zone, no airbag, no steel cage. The rider’s body absorbs the energy of the crash directly. When a 4,000-pound car or a 20,000-pound truck hits a motorcycle — or cuts across its path and forces the rider to lay the bike down — the physics are brutal. The vehicle stops. The rider keeps moving. Newton’s first law, applied to human flesh and bone.
Road rash is not a rash. It is degloving — the skin and underlying tissue are torn away from the muscle and bone beneath by friction against asphalt at speed. A “serious” road rash injury can be full-thickness, meaning the skin is gone all the way down to muscle, tendon, or bone. These wounds require skin grafting — surgeons harvest healthy skin from another part of the body and transplant it over the wound, creating a second wound to heal the first. The infection risk is enormous. The scarring is permanent. In the West Texas heat, where the crash happened on a Saturday and the asphalt was hot, the thermal component of road rash adds burn injury on top of the mechanical tearing.
Orthopedic fractures. The most common motorcycle crash fractures are the tibia and fibula (the lower leg, often caught between the bike and the ground or the bike and the vehicle), the clavicle (collarbone, from landing on the shoulder or bracing the fall), the wrist (from instinctively reaching out to break the fall — what emergency medicine calls a FOOSH injury, “fall on outstretched hand”), and the pelvis (from direct impact with the vehicle or the road). Open fractures — where the bone breaks through the skin — are common in motorcycle crashes and carry a high risk of infection, often requiring multiple surgeries to clean out the wound (debridement) before the bone can even be fixed. A pilon fracture, where the weight of the body crushes the distal tibia against the car’s bumper or the road, can mean the ankle joint is destroyed and may never function normally again.
Traumatic brain injury (TBI). Even with a helmet, the brain undergoes violent forces in a motorcycle crash. The skull stops. The brain — a soft organ floating in cerebrospinal fluid — slams against the inside of the skull. This is coup-contrecoup injury: the brain bruises at the point of impact and again on the opposite side where it rebounds. A “mild” TBI — the ER calls it a concussion — can come with a perfectly normal CT scan. Roughly 90 percent of CT scans in mild TBI cases are clean, not because nothing is wrong, but because the damage is microscopic tearing of nerve fibers (diffuse axonal injury) that a standard scan was never built to see. At least one in seven people with a “mild” brain injury still has symptoms three months later: headaches, memory gaps, personality changes, the inability to concentrate or work. For the family, this is the injury you see across the dinner table before any scan sees it — the person who forgets a daughter’s name, who loses their temper for no reason, who cannot go back to the job they had the week before the crash. If the rider was not wearing a helmet, the TBI risk is exponentially higher, and the defense will use the helmet issue to fight the damages — which makes early neuropsychological testing and advanced imaging (like diffusion tensor imaging) critical to proving the injury. Our firm has handled brain injury cases with settlements exceeding $5 million — but every case is different, and past results depend on the facts of each case and do not guarantee future outcomes.
Spinal cord injury. If the crash forces the spine into flexion, extension, or compression beyond what the vertebrae can withstand, the spinal cord — the bundle of nerves that runs every signal between the brain and the body — can be bruised, partially torn, or severed. The result is paralysis: paraplegia (loss of function below the chest) or tetraplegia (loss of function below the neck, including the arms). The National Spinal Cord Injury Statistical Center puts the first-year medical cost of a high cervical (neck-level) spinal cord injury at over $1 million, and lifetime care for a young adult at more than $3 million — and that figure excludes every lost paycheck. Even an incomplete spinal cord injury, where some function remains, can mean a lifetime of neurogenic bladder and bowel problems, chronic nerve pain, pressure sores, and repeated hospitalizations for urinary tract infections that can turn deadly.
Internal organ injury. The handlebar of a motorcycle can deliver a focused blow to the abdomen on impact — what trauma surgeons call “handlebar syndrome.” The spleen, liver, or kidneys can rupture. Internal bleeding may not be apparent for hours. A rider who walks away from the crash feeling “okay” can be bleeding internally and collapse later. This is why every motorcycle crash victim needs a full trauma workup, not a “look-over” at the scene — and why the adrenaline that masks the pain is the body’s most dangerous liar in the first hours.
Amputation. In the worst cases, the force of the crash or the crushing weight of the vehicle destroys a limb beyond salvage. The surgeon’s choice is between a limb that will never function and will constantly threaten infection, and an amputation that removes the dead tissue and prepares the leg for a prosthesis. A modern microprocessor-controlled knee — the kind that lets an above-knee amputee walk down stairs without falling — can cost as much as a new car, and it has to be replaced every three to five years for the rest of the person’s life. Our firm has recovered $3.8 million-plus in amputation cases, but again — every case stands on its own facts.
The trauma-distance reality of Midland-Odessa. Medical Center Hospital in Odessa and Midland Memorial Hospital in Midland are the primary hospitals in the region, but neither is a Level I trauma center. A seriously injured motorcyclist — one with a traumatic brain injury, a spinal cord injury, or massive internal bleeding — may need to be flown by air ambulance to a Level I trauma center in Lubbock, El Paso, or Dallas. That helicopter flight is itself a medical intervention, and it is also a bill — air ambulance transports can cost tens of thousands of dollars. The hours between the crash and the trauma center are hours that can decide whether the rider lives, walks, or ever speaks again. Those same hours are part of the damages — the delay in definitive trauma care is a harm the at-fault driver caused.
What a Case Like This Is Worth — Honest Numbers
No lawyer can tell you exactly what your case is worth without seeing the medical records, the crash report, the insurance policies, and the full picture. But here is how the number is built — and why the adjuster’s first offer is always a fraction of the real value.
Economic damages are the losses you can put on a spreadsheet: past and future medical bills, past and future lost wages, lost earning capacity, the cost of future medical care and rehabilitation, home and vehicle modifications, and the cost of household services the rider can no longer perform. For a catastrophic injury — a TBI, a spinal cord injury, an amputation — the economic damages alone can run into the millions. A life care plan, built by a certified life-care planner, prices out every surgery, therapy session, medication, piece of equipment, and caregiver hour the rider will need for the rest of their life. A forensic economist then reduces that cost stream to present value — the lump sum that, invested today, would cover those future costs.
Non-economic damages are the human losses: pain, suffering, mental anguish, disfigurement, loss of enjoyment of life, and the loss of the person the rider used to be. Texas does not cap these in motor vehicle cases. The jury decides what they are worth, and an Ector County jury — twelve people from the community, people who drive the same roads and know what a motorcycle crash on a Saturday in Odessa means — will decide based on the evidence and the story the lawyers tell.
Punitive damages are available when the defendant acted with gross negligence or malice. An arrest — particularly for intoxication — is evidence that supports a punitive damages claim. Texas caps punitive damages, but the cap is high enough that in a serious injury case it can add a substantial sum.
The insurance ladder determines how much of that value is actually collectible. If the at-fault driver carried only the Texas minimum of $30,000 per person, that is the first layer — and it can be exhausted by the first surgery. Above that sits the driver’s excess or umbrella policy, if any. Then the motorcyclist’s own UM/UIM coverage stacks on top. Then, if a commercial vehicle was involved, the employer’s commercial liability tower — which can be in the millions. Then, if a bar over-served the driver, the dram shop defendant’s liquor liability coverage. Finding every layer is the work. The adjuster will point to the $30,000 minimum and call it the ceiling. It is the floor.
Texas requires every driver to carry minimum liability coverage of $30,000 per injured person, $60,000 per accident for bodily injury, and $25,000 for property damage. In a serious motorcycle crash, those numbers can be exhausted before the rider leaves the ICU.
Hospital liens. Under Texas law, a hospital that treats a crash victim can file a lien against any settlement or judgment to recover its charges. The lien must be filed in the county where the hospital is located — Ector County for Medical Center Hospital, Midland County for Midland Memorial. The hospital lien can eat a large portion of a small settlement, which is why settling early — before the full medical picture is known and before all the insurance layers are identified — can leave the family with nothing after the lien is paid. Part of the work is negotiating the lien down so the injured person keeps a fair share of the recovery.
Workers’ compensation (if the rider was on the job). If the motorcyclist was working when the crash happened — riding for a delivery service, commuting to an oilfield site as part of the job, or riding as part of any employment duty — there may be a workers’ compensation claim alongside the third-party claim against the at-fault driver. The comp claim provides medical care and a portion of lost wages regardless of fault, but it is capped and does not cover pain and suffering. The third-party claim against the at-fault driver — the one that seeks the full measure of damages — is separate and is where the real recovery lives.
The First 72 Hours After a Motorcycle Crash in the Midland-Odessa Area
If the crash just happened — if you are reading this from a hospital or in the days after — here is what matters right now, in order:
Hour 1 through 24: Medical first, always. The rider needs a full trauma evaluation, not a “once-over.” Internal injuries, spinal injuries, and brain injuries can be silent in the first hours. If the hospital wants to discharge the rider and the rider feels “okay,” understand that adrenaline is the most powerful painkiller the body produces. The rider who feels fine at hour six may be unable to walk at hour 36. If the hospital recommends admission, observation, or transfer to a trauma center, follow that recommendation. Every medical decision made in the first 24 hours becomes part of the record that proves the injury was serious and was caused by the crash.
Hour 24 through 72: The preservation letter. This is where the legal work begins — and it begins with paper, not with a lawsuit. A preservation (spoliation) letter goes to the at-fault driver, their insurance company, their attorney (if they have one in the criminal case), the owner of any business with surveillance cameras near the crash scene, the tow yard holding the motorcycle, and the agency that worked the crash. The letter orders them to freeze every piece of evidence: the vehicle’s black box, the surveillance footage, the motorcycle, the police records, the dispatch recordings, the 911 calls. Once the letter is on file, if the evidence is destroyed, the court can impose sanctions — including an adverse inference instruction telling the jury they may assume the destroyed evidence would have helped the injured rider.
Do not sign anything from an insurance company. No release, no authorization, no settlement agreement. The adjuster may frame the document as “just a medical authorization” or “just to get your medical bills paid.” Any document that authorizes the insurance company to obtain your medical records allows them to go fishing for pre-existing conditions they can use to deny the claim. Any release closes the case forever. Nothing gets signed without an attorney reviewing it first.
Do not post on social media. No photos of the crash, the bike, the injuries, or the hospital room. No updates about the rider’s condition. No “feeling blessed to be alive” posts — the defense will screenshot that and argue the rider is not seriously injured. No photos of the rider doing anything — walking, sitting up, smiling — that can be taken out of context. Set every account to private and tell family members to do the same. Assume every post is being read by the insurance company, because it is.
Do not give a recorded statement. To any insurance company. Not the at-fault driver’s, not your own (until you have spoken with an attorney). The at-fault carrier’s adjuster will call. They will sound sympathetic. They will say they “just need to wrap up the file.” The call is recorded. The questions are designed to get you to say things that reduce your claim. Decline politely. “I am not able to give a statement at this time” is a complete sentence.
Do not let the motorcycle be repaired, sold, or scrapped. It is evidence. The damage patterns tell the reconstruction story. The tow yard will charge storage fees — those fees are part of the damages and will be reimbursed. The cost of preserving the bike is a fraction of the cost of losing the case because the physical evidence was destroyed.
Do photograph everything. The injuries — road rash, bruising, swelling, lacerations, surgical incisions — in good light, on a schedule (day 1, day 3, day 7, day 14, and weekly thereafter). The healing process is part of the damages. The scar at week one looks different from the scar at month three, and the jury needs to see the progression. Photograph the motorcycle, the helmet (if any), the riding gear, the shoes. Photograph the crash scene if it is safe to do so — skid marks, debris, the position of any remaining evidence. Photograph the hospital room, the medical equipment, the IDs and badges. The family member with a phone is the first historian of this case.
The Proof Story — How a Motorcycle Crash Case Is Actually Built
Here is the chronological walk from the day you call to the day the case resolves:
Week one: The preservation demand. The day you call, letters go out — to the at-fault driver, their insurer, the business owners near the scene, the tow yard, the police agency, and any other entity holding evidence. The letters freeze the evidence. The EDR is imaged. The scene is photographed by a reconstruction expert before the skid marks fade. The motorcycle is examined and photographed from every angle. Witness statements are taken — recorded, transcribed, and sworn — before the insurance adjuster gets to them. If intoxication is suspected, the bar or restaurant that served the driver is identified, and its surveillance footage and point-of-sale records are preserved.
Weeks two through eight: The medical picture develops. The rider is treated. The injuries declare themselves. The MRI shows the torn ligament the X-ray missed. The neuropsychological testing reveals the cognitive deficits the CT could not see. The orthopedic surgeon lays out the surgical plan — or the series of surgeries, because motorcycle injuries often require staged procedures. The life care planner begins building the future-cost projection. The treating physicians document the injury mechanism, the functional limitations, and the causal connection to the crash — in language the jury will understand.
Months two through six: Discovery and depositions. If the case is in suit, the at-fault driver is deposed under oath. The bar manager (if a dram shop claim exists) is deposed. The investigating officer is deposed. The insurance adjuster is deposed about how they evaluated the claim and whether they handled it in good faith. The defense’s “independent” medical examiner is deposed about their methodology, their income from insurance exams, and the bases for their opinions. Every document the at-fault driver and their insurer hold — the insurance policy, the driving record, any prior crashes, the cell phone records (if distraction is suspected), the bar receipts — is produced and examined.
Months six through twelve: The case is built for trial. The reconstruction expert prepares their report and their trial exhibits — animations, diagrams, force calculations that show the jury exactly what happened in the 2.5 seconds between the driver’s decision and the rider’s impact. The life care planner finalizes the cost projection. The forensic economist reduces it to present value. The treating physicians prepare to testify. The medical illustrations are prepared. The case is built to win at trial — because a case built to win at trial is the case that settles for full value, and a case built to settle is the case that gets lowballed.
Resolution. Most cases settle before trial — but they settle for full value only when the insurance company believes the alternative is a verdict that costs them more. The decision to try a case is the leverage that makes the settlement happen. And if the case does go to trial, twelve people from the community — from Ector County, from the same West Texas world where the crash happened — will decide what it was worth.
Why This Firm
Ralph Manginello has spent 27 years in Texas courtrooms, including federal court. He was a journalist before he was a lawyer — he knows how to find the story the evidence tells and how to tell it to a jury in plain language. He built this firm in 2001, and he has led it to more than $50 million in aggregate recoveries for injured clients, including a $5 million-plus brain injury settlement, a $3.8 million-plus amputation settlement, and millions recovered in trucking and wrongful death cases. He handles cases in English and Spanish. He does not delegate the work — he does it.
Lupe Peña is the advantage the insurance company does not want you to have. He spent years at a national insurance-defense firm — the rooms where adjusters and their software decide how to deny, delay, and devalue claims. He knows how the reserve is set in the first 48 hours, how the recorded-statement call is engineered, how the IME doctor is selected, and how the surveillance is deployed. He now uses that knowledge for the injured. He conducts full client consultations in fluent Spanish, without an interpreter. He is a third-generation Texan with family roots on the King Ranch. He knows West Texas — the roads, the distances, the oilfield traffic, the way the wind moves across the Permian Basin and pushes a motorcycle on I-20.
We handle car accident cases and motorcycle crash cases on a contingency fee. That means we do not get paid unless we win your case. The fee is 33.33 percent before trial and 40 percent if the case goes to trial. The consultation is free. The phone is answered 24 hours a day, seven days a week — by live staff, not an answering service. The first conversation costs nothing and commits you to nothing. It is a conversation, not a contract.
Past results depend on the facts of each case and do not guarantee future outcomes.
Frequently Asked Questions
Can I still sue if the driver was arrested but not convicted?
Yes. The criminal case and the civil case are separate. A conviction strengthens your civil claim — it can establish negligence per se, meaning the violation of the criminal law itself proves civil fault. But even without a conviction, the arrest, the police investigation, the blood test results, the witness statements, and the physical evidence all remain available to prove your civil case. The standard of proof in civil court is lower than in criminal court — “preponderance of the evidence” (more likely than not) versus “beyond a reasonable doubt.” A driver who walks on the criminal charge can still be held fully accountable in civil court.
How long do I have to file a lawsuit after a motorcycle crash in Texas?
Texas gives you two years from the date of the crash to file a personal injury lawsuit. If the rider died from the injuries, the wrongful death claim also has a two-year deadline. These deadlines are strict — if you file one day late, the court will dismiss the case regardless of how strong the evidence is. But the evidence that proves your case does not last two years. Some of it is gone in 30 days. That is why the deadline to call a lawyer is not two years — it is two weeks.
What if the at-fault driver only has minimum insurance?
Texas requires only $30,000 per person in liability coverage. A serious motorcycle injury can cost ten times that in the first week of hospitalization. But the at-fault driver’s minimum is not the end of the money. There may be an umbrella or excess policy above it. There may be an employer’s commercial policy if the driver was on the job. There may be a dram shop defendant (a bar or restaurant that over-served the driver) with its own insurance. And the motorcyclist’s own underinsured motorist (UM/UIM) coverage — if they have it on their motorcycle policy or their auto policy — stacks on top of the at-fault driver’s limits. Finding every policy that responds is part of the work.
Texas does not require helmets for all riders — will that hurt my case?
It can, but it does not have to. Riders 21 and older may legally ride without a helmet in Texas if they have completed an approved safety course or carry $10,000 in medical benefits coverage. If the rider was not wearing a helmet and suffered a head injury, the defense will argue that the injury would have been less severe with a helmet and will try to reduce the damages. Whether that argument succeeds depends on the specific injuries, the medical evidence, and whether the defense can prove the helmet would have made a difference. If the rider’s injuries are primarily orthopedic (broken legs, road rash, pelvis), the helmet issue is largely irrelevant. If the injuries include a traumatic brain injury, the helmet argument becomes a fight — but it is a fight with medical and biomechanical answers, not a surrender.
The insurance company already offered me a settlement — should I take it?
Almost certainly not yet. The first offer is designed to close the case before the full extent of the injuries is known. If the rider is still in the hospital or has not completed diagnostic testing (MRI, CT, neuropsychological evaluation), no one — not the rider, not the family, not the insurance company — knows what the case is actually worth. A settlement accepted before the medical picture is complete is final. If the MRI next week shows a spinal cord injury that requires surgery, the rider who already signed a release has no recourse. The time to settle is after the treating physician has documented the full injury, the life care planner has projected the future costs, and every insurance policy has been identified.
What if the rider was partly at fault for the crash?
Texas follows a modified comparative negligence rule with a 51 percent bar. If the rider was 50 percent or less at fault, they can still recover — the recovery is reduced by their percentage of fault. If the rider is found to be 51 percent or more at fault, recovery is barred. The insurance adjuster will try to build a comparative fault argument from day one — arguing the rider was speeding, weaving, in a blind spot, or failed to brake. The counter is the evidence: the at-fault vehicle’s black box, the crash reconstruction, the witness statements, the physical evidence at the scene. Comparative fault is only as strong as the evidence behind it, and the insurance company’s evidence is only as strong as the head start you give them by waiting.
Can I make a claim if the rider was killed in the crash?
Yes. Texas allows a wrongful death claim brought by the surviving spouse, children, and parents of the person killed. The claim seeks compensation for the financial support the deceased would have provided, the services they would have performed, and the human losses — the companionship, the guidance, the love — that were taken. A separate survival claim, brought by the estate, seeks compensation for the pain and suffering the rider experienced between the crash and death, plus medical bills and funeral costs. Both claims have a two-year statute of limitations. If the rider was killed in a crash where the driver was arrested for intoxication, the gross negligence finding that supports punitive damages is more likely. Our firm has recovered millions in wrongful death cases — but each case turns on its own facts.
How much does it cost to hire a motorcycle crash lawyer?
Nothing up front. We work on a contingency fee — 33.33 percent of the recovery before trial, 40 percent if the case goes to trial. We front the costs of the case — the reconstruction expert, the life care planner, the forensic economist, the filing fees, the deposition costs — and those costs are reimbursed from the recovery. If we do not win, you do not owe us a fee. The consultation is free. The first phone call costs nothing and commits you to nothing. You can reach us at 1-888-ATTY-911, 24 hours a day, seven days a week.
What if I cannot find the at-fault driver’s insurance information?
The police crash report — once it is complete — will list the at-fault driver’s insurance carrier and policy number. If the driver was uninsured, the motorcyclist’s own uninsured motorist (UM) coverage steps in as if it were the at-fault driver’s policy. If the driver fled the scene and was later arrested, the hit-and-run aspect does not eliminate the civil claim — it strengthens it, and the UM coverage applies. Finding the insurance is one of the first things we do, and if the at-fault driver was uninsured or underinsured, we pursue every alternative source of coverage, including the rider’s own policies and any household policies that might provide coverage.
The crash happened in Odessa but I live in Midland — where do I file the lawsuit?
If the crash happened in Odessa (Ector County), the lawsuit is typically filed in Ector County. Texas venue rules allow filing in the county where the crash occurred, where the defendant resides, or where the defendant does business. An Ector County jury — twelve people from the Odessa community — will hear the case if it goes to trial. Those are the same people who drive the same roads, who have seen the oilfield traffic, and who understand what a motorcycle crash on a Saturday in West Texas means. The venue decision is strategic, and it is one we make early based on the specific facts of the case.
You Do Not Have to Do This Alone
The man was arrested. The motorcyclist is hurt. The evidence is disappearing. The adjuster is already building the case against you. You do not have to face all of that by yourself, and you do not have to figure out what to do next at 3 a.m. in a hospital corridor.
Call 1-888-ATTY-911. The consultation is free. We do not get paid unless we win your case. We will tell you honestly whether you have a case, what it is worth, and what the next steps are — and if we are not the right fit, we will tell you that too.
Hablamos Español. Lupe Peña conducts full consultations in Spanish without an interpreter, and our staff is bilingual. If your family’s language is Spanish, we will speak it.
This page is legal information, not legal advice. Every case is different. Nothing here creates an attorney-client relationship until a written agreement is signed. But the information here is real, the deadlines are real, and the evidence clock is running. The day you call is the day the clock starts working for you instead of against you.
1-888-ATTY-911. 24 hours. Seven days. Free. Confidential. We are ready.