Insurers love to argue a Wells Branch rider ‘shared the blame’ — that they were lane-splitting, speeding, or hard to see. SMB Law, PC answers those comparative-fault tactics with facts.
Wells Branch sits along the dense I-35 corridor between Austin and Pflugerville, where heavy commuter traffic and frequent lane changes create the merging and following-distance crashes that catch riders.
Where a Wells Branch motorcycle accident claim is handled
Wells Branch is in Travis County, so a lawsuit is filed with the Travis County District Clerk at the Civil and Family Courthouse on Guadalupe Street in Austin. Most claims settle with the insurer well before trial.
Comparative fault and lane-position myths
Texas uses proportionate responsibility, so your recovery drops by your share of fault and disappears only if you are found more than 50% at fault. Insurers exploit this against riders by inventing a share of blame: claiming the motorcyclist was lane-splitting, riding in a blind spot on purpose, or traveling too fast to be seen. Many of these arguments rest on myths about how riders use a lane. In truth a motorcyclist is entitled to the full lane and to choose a safe position within it, and being harder to see is a reason for drivers to look more carefully — not a fault of the rider. We rebut manufactured comparative-fault claims with the crash evidence and the rules of the road, holding a Wells Branch rider’s share of blame to what actually happened.
Answering a manufactured fault share
Because a small shift in the fault percentage moves real money, insurers work hard to pin part of the blame on a Wells Branch rider, and answering that requires evidence rather than argument. We reconstruct the crash from the objective record — vehicle damage and resting positions, lane markings and sight lines, signal timing, and independent witnesses — to show where the rider actually was and what the driver actually did. When an adjuster claims lane-splitting or an intentional blind-spot ride, the physical evidence often contradicts it outright. Establishing that record early, before the scene is gone, is what keeps a rider from being assigned a share of fault the facts do not support, and it protects the full value of the claim from a quiet, evidence-free discount.
Decades of Texas injury experience on your side
Motorcycle claims come with a built-in headwind, and answering it takes experience. You work directly with attorney Shane M. Boasberg, who has represented injured Texans for more than two decades and has been licensed by the State of Texas since 2003. He knows how Central Texas insurers and juries view riders, how to document a serious motorcycle injury, and how to push back on the assumptions that get used to discount these cases. You get a lawyer who has done this many times — not a case manager reading from a script.
Working with us from Wells Branch
Our office is in downtown Austin, an easy reach from Wells Branch. We handle most consultations and case updates by phone and video, and there is no fee unless we recover for you. If travel is difficult, we can also come to you.
Why injured riders choose SMB Law, PC
Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
No fee unless we recover — motorcycle-injury cases are handled on a contingency basis.
Honest advice and transparent terms explained before you commit.
What working with us looks like
Free consultation to understand what happened and the law that applies.
Investigation — we preserve evidence, obtain the crash report, and identify every insurer.
Negotiation or court — we settle when the offer is fair and litigate when it is not.
Recovery paid out and medical liens resolved so you keep more of it.
Frequently asked questions
Can I still recover if I was partly at fault?
Usually yes. Texas reduces recovery by your percentage of fault and bars it only if you are found more than 50% responsible.
Is lane-splitting legal in Texas?
Texas law does not authorize lane-splitting, but insurers often wrongly claim a rider was doing it to shift blame — which the evidence can disprove.
Can a rider be blamed for being ‘hard to see’?
That is a common but weak argument. A rider is entitled to the lane, and drivers have a duty to look for motorcycles.
Do I have to travel to your office from Wells Branch?
No. Our downtown Austin office is about 12 miles south via I-35 and Mopac, and we handle Wells Branch motorcycle claims remotely.