Motorcycle Accident Attorney
A motorcycle accident can change the victim’s life forever. Damage sustained in a motorcycle collision can vary from bone fractures to severe brain injuries. A motorcycle accident can cost the rider thousands of dollars in car repairs and medical fees, in addition to the lost pay and substantial physical and emotional suffering.
Although the overall number of traffic deaths in the United States is decreasing, the number of motorcycle fatalities is growing. Despite accounting for only 2% of all drivers on our roadways, motorcycles account for 13% of all traffic fatalities. Over 4,500 motorcyclists are killed in traffic crashes each year, with an additional 82,000 motorcyclists or their passengers injured. According to the Texas Department of Public Safety, around 500 motorcyclists die in the state each year. That is about 15% of all road fatalities in Texas. A Houston motorcycle accident lawyer can assist an injured person in obtaining compensation for these losses.
After a major motorcycle accident, do not let an insurance company encourage you to accept a lowball settlement offer. Insurance companies frequently avoid liability and urge clients to settle for less than their claims are worth. Instead, contact a Houston Texas injury lawyer who specializes in motorcycle accidents to analyze your case. We can negotiate on your behalf by using our experience in dozens of motorcycle accidents to value your claims. If the insurance company refuses to give a reasonable settlement, we can take your case to court at no upfront costs to you.
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Causes of Motorcycle Accidents
Determining the cause of your motorcycle wreck is one of the first elements to collecting compensation. The party responsible for the accident may be required to pay for your medical bills, lost income, motorcycle repair or replacement, noneconomic losses, and other expenses. One or more actors may share responsibility for your injuries.
Another driver. If a careless or inattentive person collides with your motorcycle, their insurance company may be compelled to pay you for your losses. A driver may cause an accident by speeding, texting while driving or other forms of distracted driving, driving while intoxicated, violating traffic laws, or failing to yield to a motorcyclist’s right-of-way.
According to Sun Sentinel magazine, 60% of motorcycle crashes are the fault of car drivers. So many motorcyclists drive defensively.
Poor Road Conditions. Motorcycles are exposed to even small road flaws. If your motorcycle accident was caused by a loose gravel, pothole, storm debris, rubble, an unsafe construction site or any street condition, you may have a case against the government or a construction company.
An automobile defect. If your motorcycle had a tire blowout, brake failure, electrical difficulties, or any form of flaw that caused your accident, the motorcycle manufacturer may be obligated to compensate you financially under product liability laws.
What to Do After a Houston Motorcycle Accident
The efforts you take following a motorcycle accident in Houston could affect the outcome of your motorcycle injury lawsuit. Certain steps must be taken to defend your right to recover. Your motorcycle accident lawyer will need to gather evidence, identify the at-fault party, and file your injury claim within the period set by Texas law. Work with a lawyer from the start to increase your chances of receiving reasonable compensation.
- Get to a safe location. If it is safe to do so, stay at the accident scene or as near to it as feasible.
- Examine yourself and those involved in the accident for injuries.
- Move your broken-down motorcycle. Move your crashed motorcycle off the road if possible to avoid more accidents.
- Dial 911. Any motorcycle collision in Texas that results in injuries, more than $1,000 in property damage, or motorcycle fatalities should be reported to the police. If necessary, call an ambulance.
- Exchange insurance and contact information. Obtain the personal details of the other driver and their insurance company. Also, get the contact information for any witness of the accident.
- Do not accept responsibility for the motorcycle accident.
- Take pictures. If possible, take photos of the crashed motorcycle, the location of the accident, the other driver and witnesses, and other relevant parts of the crash scene.
- Go to the doctor. When the authorities allow you to go, go straight to a hospital or physician. Insurance companies value prompt injury care. It can also aid with recovery. Even if you believe you have no injuries, see a doctor. Severe injuries aren’t always obvious at first.
- Notify the insurance company about the accident. Contact the insurance company of the person you feel is responsible for the motorbike accident. File a report as soon as possible, ideally within 24 hours of the collision.
- Follow your doctor’s advice. An insurance company will investigate whether or not you followed a treatment plan. If not, this might be used as proof.
- Collect information. Gather information about your accident to show a personal injury attorney. This can include copies of your medical records and police reports.
- Contact an attorney. Before speaking to a claims adjuster, consult with a lawyer about your case. A Houston motorcycle accident lawyer can help you understand your rights.
Texas repealed its law requiring motorcyclists and their passengers to wear helmets in 1997. Since then, motorcyclists 21 and older who have insurance or have attended a motorcycle safety class have been allowed to ride without a helmet. And since then, motorcycle fatalities in Texas have increased by 25 percent. By contrast, 19 states, as well as the District of Columbia, have universal helmet laws, which hold that anyone riding a motorcycle must wear a safety helmet.
Besides repealing its helmet law, Texas also is considering adding other motorcycle laws to the books. Two bills before the Texas Legislature would allow “lane-splitting” by motorcyclists, which means they could drive between lanes of traffic. That’s currently illegal, but this could change. Both bills would let motorcycles go between two lanes of traffic heading in the same direction, as long as such traffic was moving at 20 miles per hour or slower.
California is the only state In America which now allows legal lane-splitting. In fact, California places no limits on where or when lane-splitting is done or the speed at which traffic is proceeding. Even so, California law officers recommend that motorcyclists not ride between two lanes when traffic is going over 30 miles per hour.
In Texas, motorcyclists are allowed to ride two abreast in the same lane. That form of riding isn’t addressed by a state law in Texas.
Motorcycle Injury Rates
According to the National Highway Traffic Safety Administration (NHTSA), helmets saved the lives of nearly 1,500 motorcyclists in the year 2009, when helmets were 37 per cent effective in preventing motorcycle fatalities. Yet even when motorcyclists survive, a head injury can occur and be debilitating, perhaps causing paralysis or another life-changing injury, such as amputation of an arm or leg. The NHTSA also says motorcyclists have 35 times more likelihood of dying in a traffic accident or collision than do those in passenger vehicles.
Many motorcycle accidents result in fractured bones and other severe injuries. A broken arm, leg, back or neck might not kill a motorcyclist, but these are still severe, serious injuries leading to high medical expenses and often preventing a victim from working, which is an expense in itself.
Motorcycle Accident Injuries
Severe motorcycle accidents frequently result in catastrophic and lasting injuries. Crash survivors frequently live with the consequences of their accidents for the rest of their lives. Common long-term injuries include brain damage, paralysis, and physical scarring. Motorcyclists may also experience emotional distress because of a collision. Working with a Houston motorcycle accident lawyer can help you fight for the most compensation possible for your motorcycle injuries. We handle injuries from motorcycle accidents like:
- Bone fractures
- Internal wounds
- Fractures of the skull
- Road rash
- Injury to the spinal cord
- TBI (traumatic brain injury)
- Injury to the lower extremities
- Disfigurement and scarring
- Wrongful death
Motorcycle accidents frequently result in severe injuries. With little protection for the rider, contact with the road or another vehicle can result in a wide range of injuries.
Types of Dangerous Motorcycles
Not all motorcycles are equally dangerous. Depending on the environment and road conditions, some are safer than others.
So-called “trail” bikes for riding on dirt roads or uneven surfaces are more likely to crash on highways than motorcycles which are meant for highway use. These have more powerful braking systems, as well as tires that are better able to grip the pavement. As for other dangerous kinds of motorcycles, these can include garage-built racers and high-speed street bikes.
Compensation for Motorcycle Accident
As an accident victim, the value of your motorcycle accident claim is essential to you. It is one of the reasons why you should hire an accident lawyer. Whether you sustained a catastrophic damage, such as a spinal cord injury or traumatic brain injury, or a less serious injury, such as road rash, you have the right to know how much compensation you may be able to get for your property repairs and medical expenditures. Each motorcycle accident case is unique, and there is no such thing as an average settlement value. You may require the assistance of a motorcycle accident lawyer to identify, describe, and quantify your losses.
- Disability-related costs
- Losses of income
- Past and future medical expenses
- Motorcycle repairs or replacement
- Rental car fees
- Lost quality of life
- Pain and suffering
- Punitive damages
Motorcycle Accident Attorney in Houston
Our motorcycle accident attorney has helped many critically wounded clients nationwide. David P. Willis is board certified as a personal injury trial law specialist. For almost 40 years, we’ve put in a lot of effort to get the best results for our clients, and we’ll do the same for you and your loved ones. Call us at 1-800-883-9858 to talk about your motorcycle accident matter.