Proving Your Case
If you have suffered a loss while riding or operating a motorcycle, you may have the right to file a claim against the negligent driver. However, in order to prevail on a personal injury claim in Texas you must prove 3 things.
You could also recover punitive damages if the negligent driver was malicious or reckless. Thus if the other driver was a drunk driver or racing or on drugs or willful, etc. you will be able to make a claim for punitive damages.