Q: Involved in an accident with a motorcycle in Texas; concerned about a potential lawsuit and citation dispute.

A: Hi there,

First and foremost, I’m truly sorry you’re going through this. Being involved in a serious accident—especially one that ends in tragedy—is something no one is ever really prepared for. Please know you’re not alone, and your concerns right now are completely valid.

What You Should Know Under Texas Law

1. Texas Is an “At-Fault” State:

That means whoever is found legally responsible for causing the accident is also financially responsible for the damages. While the citation you received might suggest fault on paper, it’s not the final word. You absolutely have the right to dispute it in court—especially if you believe the motorcycle rider was speeding, weaving, or otherwise riding recklessly.

2. Civil Lawsuits Are Separate From Citations:

The family may choose to file a wrongful death lawsuit, and it’s not uncommon for them to name multiple parties—this could include you, your insurance provider, and your friend’s insurance (since it was their vehicle). But remember, just because someone files a suit doesn’t mean they’ll win, or that you’ll personally have to pay out of pocket. Texas insurance policies are designed to handle situations like this, and liability typically follows the vehicle first, then the driver.

3. Insurance in Texas:

Since you had permission to drive your friend’s vehicle, both your friend’s auto insurance and your own can potentially offer coverage. In many cases, the car owner’s policy is considered primary, with the driver’s policy providing secondary coverage. Both carriers will conduct their own investigations and defend you if a lawsuit is filed.

4. The Role of an Attorney:

Given the gravity of this situation—a fatality, a citation, and potential litigation—it’s wise to get a Texas-based personal injury attorney on your side as early as possible. An attorney can begin preparing a defense, handle communication with insurers, and protect you from making any statements that could later be used against you.

What to Do Next

Do not speak to the deceased rider’s family or their attorney—even if they reach out. Let your lawyer handle all communication.

Start gathering any evidence you have, including photos, names of witnesses, or any dash cam footage.

Keep a copy of the citation and all insurance documents (both yours and your friend’s).

Reach out to an attorney—you’re not just defending your actions, you’re protecting your future.

Take care of yourself, and don’t carry this alone.

A: The family would likely to pursue the vehicle's insurance as the primary source of compensation. Since insurance generally follows the vehicle, that would be the normal source of recovery instead of your policy. The usual route is for the carrier to provide defense attorney (with the normal caveats presented to the operator/policyholder that they may wish to consult with their own attorney). You could consider consulting with your own attorney at that point, when more facts materialize.

A: In Texas, when someone is killed in an accident, their family can file a wrongful death lawsuit against any party they believe is responsible. They can sue:

You, as the driver of the vehicle

The owner of the vehicle if they believe the owner was negligent in lending it

Any parties contributing to the accident (e.g., manufacturers, cities, etc.)

If your insurance company is notified, they will **usually appoint an attorney to defend you**—but you can still get a private consultation for added protection.

---

✅ What You Should Do Now:

1. Don’t speak with the deceased's family or their attorney directly—refer them to your insurer.

2. Notify your insurer (and your friend’s insurer) immediately even if no lawsuit has been filed.

3. Request a copy of the accident reportand keep a record of everything.

4. Gather evidence** that supports your version of events.

5. Consult a Texas personal injury defense attorney as soon as possible.

A: What you’re going through is incredibly stressful, especially with the weight of someone losing their life. You did the right thing by staying at the scene, cooperating fully, and passing the DUI test. Even though you’ve received a citation, disputing it in court is an option, especially if you believe the motorcycle was being driven recklessly. The court will consider all evidence, including traffic reports, witness statements, and any possible surveillance footage.

As for the legal side, both you and your friend’s insurance policies could potentially come into play. In Texas, insurance typically follows the vehicle first, so your friend’s liability coverage would likely be primary. If damages exceed those limits, your own liability insurance could be considered secondary. The family can sue you directly, but any damages within the insurance coverage limits would be handled by the insurers. Lawsuits can take time to develop, so even if you haven’t been contacted yet, it’s smart to prepare.

You don’t have to handle this alone. If the case goes to civil court or if you feel overwhelmed, consulting with an attorney could give you clarity and protection. You're not being reckless by asking these questions—you’re trying to understand your responsibilities and protect yourself. Keep all records, stay calm, and take this one step at a time.