ROAD JUSTICE RIDER GUIDE #3
A Guide for Spouses, Parents, and Partners of Injured Riders
This guide is written for the person sitting in the hospital waiting room. The rider got hurt. Now you need to know what to do — and what not to do — because the decisions made in the next 72 hours matter as much as anything.
You Didn’t Ride Into This. But You’re In It Now.
You may be the only one who can make phone calls. The first person the insurance company will try to reach. The one managing the bills, the kids, the house, and your own shock simultaneously. The person who doesn’t know their legal rights and doesn’t know they need to.
This guide exists for you specifically.
A dedicated Texas motorcycle accident lawyer can step in early, protect your loved one’s rights, handle motorcycle claims, and deal with the insurance companies while you focus on what matters most.
Part 1: The First 72 Hours
Designate one point of contact
If your rider is hospitalized and can’t speak, every call about the crash goes through one person — you, or someone you designate. That person has one script:
The script: “We have an attorney handling this. Please direct all communication to them.” You don’t have to have an attorney yet. But you say this anyway. It buys time and stops information from being extracted before you know what you’re dealing with.
Write down every call you receive
The date, the time, the name of the person who called, the company they represented, and what they asked. This log becomes important later.
Do not speak to the at-fault driver’s insurance company
They will call. They will be kind. They will express concern. They will ask questions that sound routine. They are not routine. They are a recorded conversation being reviewed by an adjuster whose job is to pay as little as possible. You are not required to speak to them, answer their questions, or return their calls.
Do not sign anything from anyone
Not a medical authorization form. Not a release. Not an authorization for records. Not a form that says “for administrative purposes.” Sign nothing without attorney review.
A medical authorization from the other driver’s insurance does not just access crash records. It accesses your rider’s entire medical history — looking for any prior condition they can use to argue the current injuries aren’t the crash’s fault.
Call a TEXAS motorcycle injury attorney as soon as your rider is stabilized
Most will speak with family members immediately, at no charge, and will tell you exactly what to do and not do. This call costs nothing. It can prevent mistakes that cannot be undone.
Part 2: What You Have the Right to Know
- Medical information: Ask the hospital to document that you are designated to receive medical information. If your rider is unconscious, most hospitals allow immediate family access to critical information.
- The police report: Available through TxDOT Crash Records, usually 3–10 days after the crash. Read it carefully. Note anything that doesn’t match what you know.
- The other driver’s insurance information: Recorded on the police report. You have a right to this information.
Part 3: Your Own Legal Rights
Loss of consortium
Texas law recognizes “loss of consortium” — the damage a serious injury does to a close family relationship. If your spouse or partner is seriously injured, you may be entitled to compensation for:
- Lost companionship and partnership
- Changes in physical and emotional intimacy
- Loss of household help and services your rider provided
- The emotional burden of caregiving and life disruption
This is not a separate lawsuit — it is joined to the injured rider’s case. But it must be built from the beginning. Tell your attorney on the first call.
Document the changes in your life now
Keep a journal. Not for legal purposes initially — but because the changes are real and they blur into “normal” if you don’t record them while they’re sharp. Write down:
- Events you’ve missed because of your rider’s condition
- Household tasks you’ve taken over
- Changes in your emotional relationship — stress, fear, isolation
- Impact on your children — behavioral changes, questions you don’t know how to answer
- Work you’ve missed to manage the situation
Part 4: Managing the Finances
- File the PIP claim immediately — you can do this as a family member acting on behalf of your rider. Call the insurance company the day after the crash.
- Don’t miss the motorcycle loan payment without calling first — ask about hardship accommodations before the due date.
- Use health insurance for all medical bills as they come in — prevents bills from going to collections during the months before the case resolves.
- Keep every receipt, every bill, every statement — all of it can potentially be recovered in the case.
Part 5: Managing Yourself
The spouse or family member of a seriously injured rider is often dealing with something close to trauma themselves. This is not legal advice. It’s just true.
- You are allowed to ask for help from family, friends, your employer, and your community.
- Your mental health matters too. Caregiver burnout is real. Texas HHS, the Brain Injury Alliance of Texas (for TBI survivors), and the Fallen Riders Foundation have resources.
- You don’t have to know everything right now. The legal and financial questions need answers — but not all today, not all by you, and not all without help.
Part 6: When the Rider Doesn’t Make It
If you are reading this section, we are deeply sorry for your loss.
You have legal rights, and time matters
Under Texas law, surviving spouses and children have the right to file wrongful death claims — separate from estate claims — for:
- Loss of the rider’s financial support
- Loss of companionship, love, and parental guidance
- Mental anguish and grief
- Loss of the household services the rider provided
A knowledgeable Texas motorcycle accident attorney can help you understand your rights, identify all sources of compensation, and handle the legal process while you focus on your family.
Do not accept any settlement offer until you speak with an attorney
Insurance companies often approach bereaved families quickly with offers. They know that grieving families may not know their full rights. A $30,000 policy limit offer may be just the beginning of what is available — through the driver’s policy, your rider’s UM/UIM coverage, employer liability, and other sources.
The consultation is free: You do not need money to speak with a motorcycle injury attorney. You do not need to commit to anything. Call, listen, and make an informed decision.
Don’t risk leaving compensation on the table. Contact a skilled motorcycle accident lawyer in Texas today to understand your full rights and all available sources of recovery.