Texas Accident & Injury News
Passengers are especially vulnerable in motorcycle accidents.
Dakota Thompson Arrested After Passenger Seriously Injured in Motorcycle Crash on I-10 East
According to a News4SanAntonio report, a 32-year-old motorcyclist was arrested for intoxication assault after a serious crash on I-10 East.¹
Police reported the accident happened at around 11:23 p.m. Saturday, October 31st, on I-10 East near Millican Drive.
Dakota Thompson, 32, was riding his motorcycle near Graytown Road with a 30-year-old woman as his passenger.
When Thompson encountered a closed exit ramp to Graytown Road, he reportedly attempted to drive across the grassy median. He lost control of the motorcycle and crashed.
His passenger suffered serious injuries. Thompson was evaluated at the scene and arrested on suspicion of intoxication assault.
The investigation is ongoing.
Did You Know?
According to TxDOT data, 559 motorcyclists, including operators and passengers, were killed in traffic crashes across Texas in 2025.²
Can a Motorcycle Passenger Sue if They’re Hurt in an Accident?
A motorcycle passenger has no control over how fast the rider travels, whether they obey traffic signs, or how they respond to hazards in the road.
But when the rider makes a dangerous decision, the passenger can suffer some of the worst consequences.
Unlike someone riding in a car, motorcycle passengers do not have seat belts, airbags, or a vehicle frame surrounding them. A loss of control can throw them directly onto the roadway or into another vehicle or object.
In Texas, a motorcycle passenger who is injured because of another person’s negligence can pursue compensation, including when the negligent person was operating the motorcycle they were riding on.
Can You File a Claim Against the Motorcycle Operator?
Yes.
Motorcycle operators are responsible for safely carrying their passengers just as other drivers are responsible for safely operating their vehicles.
If a rider causes a crash by speeding, driving recklessly, ignoring traffic signs, riding while intoxicated, or making another unsafe decision, an injured passenger can pursue a personal injury claim.
For example, attempting to cross a grassy median rather than following the roadway can cause a motorcycle to lose traction or become difficult to control.
If that kind of unsafe decision causes a passenger to be seriously injured, the rider can be held responsible for the harm they caused.
What If the Operator Is Your Friend, Partner, or Family Member?
Many injured passengers hesitate to make a claim when the rider is someone they know.
But a personal injury claim is generally made against the applicable insurance coverage rather than asking the rider to personally pay medical bills and other losses.
A serious motorcycle crash can leave a passenger facing surgery, rehabilitation, months away from work, or permanent limitations.
You should not have to absorb those losses simply because you know or care about the person who caused the crash.
What If the Motorcycle Operator Was Drunk?
Driving a motorcycle while intoxicated creates an especially dangerous situation.
Operating a motorcycle requires balance, coordination, judgment, and quick reactions, all of which can be impaired by alcohol.
If an intoxicated rider causes a crash that injures a passenger, the rider can face a criminal case and a separate personal injury claim.
The criminal case determines whether the rider broke the law and what penalties should follow.
The passenger’s personal injury claim focuses on the injuries and losses caused by the crash.
An injured passenger does not have to wait for a criminal conviction, or for the criminal case to end, before pursuing a personal injury claim.
What If You Knew the Rider Had Been Drinking?
This is where the case can become much more difficult.
If a passenger knew the motorcycle operator was intoxicated and chose to ride anyway, the insurance company may argue that the passenger knowingly exposed themselves to an obvious danger and should share responsibility for the resulting injuries.
That can have a real effect on the claim.
Texas uses a proportionate responsibility system. If an injured person is found partly responsible, their compensation can be reduced by their percentage of responsibility. If they are found more than 50% responsible, they cannot recover damages.
For example, an insurer may argue that a passenger who watched the rider consume several drinks, knew the rider was visibly intoxicated, and still chose to get on the motorcycle shares some responsibility for what happened.
That does not automatically mean the passenger loses the case.
The facts still matter.
There is a major difference between knowing someone had one drink earlier in the evening and knowing they were obviously intoxicated. There may also be disagreement about what the passenger actually knew, how impaired the rider appeared, and whether the passenger had any reason to believe the rider was unsafe.
But when alcohol is involved, the passenger should expect the insurance company to examine those facts closely and use them to reduce or deny the claim if possible.
Does Agreeing to Ride on a Motorcycle Mean You Accepted the Risk?
No.
Agreeing to ride on a motorcycle does not mean accepting every negligent or reckless decision the rider makes.
A passenger does not control the motorcycle’s speed, brakes, steering, or route.
Simply getting on the motorcycle does not make the passenger responsible for a later crash.
The issue becomes more complicated only when there is evidence that the passenger knowingly accepted a specific and serious danger, such as riding with someone they knew was intoxicated.
What Insurance Can Cover a Motorcycle Passenger’s Injuries?
The motorcycle operator’s liability insurance is often the first source of compensation when the rider causes the crash.
That coverage can help pay for losses such as medical expenses, lost income, and pain and suffering, up to the available policy limits.
But motorcycle policies vary, and serious injuries can quickly exceed limited coverage.
Other insurance may also apply depending on the facts of the crash.
Why Having an Attorney Matters in a Motorcycle Passenger Claim
Motorcycle passenger claims can become especially difficult when the rider was allegedly intoxicated or the passenger knew the rider had been drinking.
Insurance companies have a financial incentive to reduce what they pay.
If alcohol is involved, they may argue that the passenger knew the rider was unsafe, willingly accepted the danger, or shares responsibility for the crash.
An experienced personal injury attorney can investigate those arguments instead of simply accepting the insurer’s version of events.
That can include reviewing:
- Police and arrest records
- Witness statements
- Toxicology or alcohol-testing evidence
- Bar, restaurant, or purchase records
- Video footage
- Text messages or other evidence showing what the passenger actually knew
- The rider’s behavior before the crash
- Available insurance policies
- Medical records and future treatment needs
An attorney can also distinguish between evidence that the rider consumed alcohol and evidence that the passenger actually knew the rider was intoxicated.
That distinction can be critical.
If the insurance company tries to place too much blame on the passenger, an attorney can challenge that argument and protect the passenger’s right to fair compensation.
Most importantly, having an experienced attorney helps protect your legal rights and gives you the best opportunity to pursue the full compensation you are legally entitled to.
Injured as a Motorcycle Passenger in Texas? Call Shaw.
If you or a loved one was injured while riding as a passenger on a motorcycle, you may be entitled to compensation if another person’s negligence caused the crash.
Depending on the circumstances, compensation may be available for:
- Emergency Medical Treatment and Ambulance Expenses
- Hospital Bills and Ongoing Medical Care
- Physical Therapy and Rehabilitation
- Lost Wages
- Reduced Earning Capacity
- Pain and Suffering
- Future Medical Care
- Other Accident-Related Losses
- And More
We’ll help you find out for free.
At Carabin Shaw, we put Clients First. Our experienced personal injury attorneys can investigate the crash, identify available insurance coverage, protect your rights, and fight for the full compensation you are entitled to receive.
Call Shaw today at 800-862-1260 for a free case evaluation. There are no fees, no obligations, and no pressure, just clear, compassionate legal guidance when you need it most.
We look forward to serving you.