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.
Are There Certain Types of Motorcycle Accident Injuries That Have Higher Settlement Amounts?
Often, the severity of injuries suffered in a motorcycle accident can result in a larger settlement. For instance, a rider may recover more compensation after suffering severe, life-altering injuries that require extensive medical treatment or result in permanent disabilities. Examples of motorcycle accident injuries that may result in a higher settlement include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Traumatic amputation or limb loss
- Severe neck and back injuries
- Vision or hearing loss
- Second- and third-degree burns
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 Can Be Awarded in a Texas Motorcycle Accident Claim?
In a motorcycle accident claim, you may have the right to recover compensation for financial and personal losses you suffered due to the crash. This might include money for:
- Medical treatment and rehabilitation expenses
- Ongoing and future losses of income or earning capacity
- Physical pain from injuries and medical treatment
- Emotional distress from the crash, your injuries, and subsequent medical care or disabilities
- Loss of quality of life
- Costs of motorcycle repairs or reimbursement of the value of a totaled motorcycle
How Do You Prove Who Was At Fault for the Motorcycle Accident?
A motorcyclist injured in a crash may need various pieces of evidence to prove that someone else caused the accident. Examples of evidence that attorneys often use in motorcycle accident claims include:
- Police crash reports
- Accident scene photos and videos
- Witness testimony
- Post-crash vehicle inspections and vehicle event data recorder logs
- Driver cell phone records
- Surveillance and traffic camera or dashcam/helmet-cam footage
- Accident reconstruction or engineering expert reports and testimony
What Are the Minimum Insurance Requirements for Motorcycle Riders in Texas?
Texas requires all motorists, including motorcycle riders, to prove they can bear financial responsibility for accidents they cause by carrying liability insurance coverage.
The minimum policy limits required for motorists include:
- $30,000 per person of bodily injury liability coverage
- $60,000 per accident of bodily injury liability coverage
- $25,000 per accident of property damage liability coverage
What Do I Do If the At-Fault Person Does Not Have Insurance?
If you get hit by a driver who doesn’t have liability insurance, you may have other options for recovering compensation for your injuries and losses, including:
- Motorcycle accident lawsuit – Your attorney can help you file a motorcycle accident lawsuit against the at-fault driver to demand compensation for your injuries in court.
- Your own auto insurance – Optional coverages in your motorcycle insurance policy may compensate you for your injuries and losses. For example, personal injury protection (PIP) coverage can reimburse you for medical expenses and lost income, regardless of who caused the motorcycle accident. If you’ve purchased uninsured motorist coverage, you can turn to your policy to compensate for your losses due to the at-fault driver.
- Health insurance – You might have coverage through your health insurance policy if you’ve purchased a plan that covers injuries sustained in a motorcycle accident.
A Texas motorcycle accident lawyer can help identify all your possible sources for compensation, even if the at-fault driver doesn’t have an insurance policy.
How Long Can a Motorcycle Accident Claim Take to Settle?
No one can predict how long it will take to settle a motorcycle accident claim. Some cases settle in as little as a few weeks, while others take years. Some of the factors that can influence the timeline of a motorcycle accident case include:
- The nature of your injuries and disabilities
- The duration of your medical recovery
- The complexity of the evidence in your case
- The availability of insurance coverage
- The number of at-fault parties
- If you share any fault for the accident or your injuries
- The duration of the insurance company’s investigation and how quickly they respond to your communications
- Whether you file a lawsuit to pursue your motorcycle accident claim and the trial court’s schedule
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.
Brendan received his JD from South Texas College of Law and his MBA from Baylor University. He then began his legal career as in-house counsel for a publicly-traded company, advising on matters such as mergers and acquisitions, securities, compliance, and general corporate transactions. He then worked at a national law firm in which he represented commercial banks, private equity firms, and business owners in complex transactions before joining Fleming Law, Brendan uses his considerable knowledge of business-related matters by working on cases involving business law, real estate law, and contracts. Connect with me on LinkedIn
