What is the average settlement for a motorcycle accident in Texas
Because every accident is different, there’s no true “average” settlement for a motorcycle accident. Factors that affect a claim’s value include the severity of the injury, the recovery duration, medical expenses, property repair or replacement costs, and lost wages.
What Factors Can Affect the Amount of a Motorcycle Accident Settlement?
Motorcycle accidents often cause serious injuries. If someone else caused the accident that injured you, you could pursue compensation for your losses. The amount of compensation you might recover from a Texas motorcycle accident depends on other factors in the crash, including:
- How serious your injuries were
- How long it took you to heal
- How long you were off work
- Whether you were able to return to work in the same job
- Whether you were permanently disabled in any way
- How much your medical expenses were
- How much it cost to repair or replace your damaged personal property
How Are Texas Car Accident Settlements Calculated?
Motorcycle accident settlements compensate the injured person for their losses. Calculating a settlement often involves evaluating the following key factors:
- Medical expenses – A motorcycle accident settlement includes medical costs and covers hospital expenses, physicians’ bills, prescriptions, rehabilitation, and other expenses.
- Unpaid wages – When you suffer injuries and cannot work, you could seek compensation for your lost wages. You could also recover the difference in salary if you can no longer perform your job and have to take one that pays less.
- Property damage – Property damage claims cover repairing or replacing your motorcycle and any other property damaged in the accident.
- Pain and suffering – Compensation for pain and suffering and other intangible losses are more challenging to quantify but are a significant part of many settlements. This money accounts for the physical and emotional distress you have endured due to the accident, including pain, anxiety, and even post-traumatic stress disorder (PTSD).
- Liability and fault – Determining liability is fundamental in any accident case. In Texas, the concept of “comparative negligence” is applied. This rule means that your settlement may be reduced if you are found partially at fault for the accident. Establishing fault is crucial to determining the amount of your compensation.
Can My Settlement Be Affected If I Was Not Wearing a Helmet?
You might get a reduced settlement if you didn’t wear a helmet during the accident. Riders under the age of 21 must wear a helmet in Texas. If you’re over 21, you do not have to wear a helmet if you took an approved motorcycle safety course or carry enough insurance to cover losses if an accident occurs.
While not wearing a helmet may not prevent you from seeking compensation through a Texas motorcycle accident claim, it could affect your settlement. Under Texas’s proportionate responsibility statute, any compensation you receive will be reduced by the same percentage that you were at fault for the accident. This law is binding on courts, but insurance companies also use this rule to minimize payouts.
What Types of Damages May Be Paid in a Motorcycle Accident Claim?
Motorcycle accident settlements cover a wide range of damages depending on the circumstances of your collision and how serious your injuries are. These damages can include money for the cost of all your tangible losses that arose due to your accident, such as medical bills, damage to your property, and lost wages. In addition, you can seek compensation for your physical and emotional pain and suffering.
Should I Accept the Insurance Company’s First Offer?
Insurance companies are known for their tactics to minimize payouts. Their initial settlement offers are often lower than what you may deserve. You should have a lawyer look at any offer before you accept it. Here are a few reasons why:
- Underestimation – The initial offer may not fully account for the extent of your injuries and damages.
- Pressure to settle quickly – Insurance companies may pressure you to settle fast. But if you do so without understanding the full scope of your injuries, you won’t be able to go back later for additional money if you have more expenses.
- Legal counsel – An experienced attorney can assess the offer, negotiate on your behalf, and ensure you pursue a fair settlement covering all your losses.
Is There a Time Limit in Texas for Filing a Motorcycle Accident Lawsuit?
Most lawsuits for a Texas motorcycle accident must be filed within the time period established by the statute of limitations. Motorcycle accident victims have two years from the date the collision happened to pursue a lawsuit. If you wait and try to file a claim once the statute of limitations has expired, the court will likely dismiss your case.
If you have been involved in a motorcycle accident, you should consult a qualified lawyer as soon as possible to ensure you meet all legal deadlines and preserve your right to a fair settlement.
Contact a Texas Motorcycle Accident Lawyer
Taking care of injuries and dealing with emotional distress can be challenging in a motorcycle accident settlement in Texas. A lawyer can protect your rights and help you seek compensation by:
- Evaluating the details of your case
- Investigating the accident thoroughly
- Gathering evidence to support your claim
- Negotiating with insurance companies
- Representing you in court if necessary
Remember, the average Texas motorcycle accident settlement can vary widely based on the circumstances of your case. You can work towards concentrating on your recovery and moving forward with your life while your lawyer handles pursuing the compensation you need.
Contact Fleming Law when you’ve suffered injuries in a motorcycle collision caused by someone else’s negligence. We offer a free consultation where you can review your case with a Texas motorcycle accident attorney and discuss your options for seeking compensation. Call us today or contact us online to find out how we can help you.
Nicholas P. Fleming focuses his practice in the area of civil litigation. As a skilled personal injury attorney, he handles a broad range of cases including motor vehicle accidents, premises liability, workplace accidents, and wrongful death. He is licensed to practice by the State Bar of Texas and is a graduate of the South Texas College of Law, earning his J.D. in 2017. Nicholas prides himself on providing personalized service to his clients, who are often facing extremely stressful situations.