Were you injured by someone else’s negligence while riding your motorcycle? You need someone to stand up for your rights. When it comes to motorcycle accidents, the attorneys at Fleming Law understand the unique challenges and complexities injured riders face. We know that a motorcycle accident can result in devastating injuries, steep medical expenses, loss of income, and emotional distress – especially when someone else is to blame for your suffering. That’s why we are committed to building a strong case on your behalf and pursuing the best possible outcome for you.
With a deep understanding of Texas motorcycle laws and a proven track record of success, our dedicated team is ready to fight to demand maximum compensation for you. We believe every motorcyclist deserves justice, financial support, and peace of mind after a traumatic incident.
Contact Fleming Law today for a free consultation with one of our experienced motorcycle accident lawyers.
Because motorcycles provide little to no protection from the full impact of an auto accident, their riders are at extreme risk of serious injury or death when one occurs. According to the National Safety Council (NSC), over 5,000 motorcyclists are killed every year on roads across the country, and another 80,000-100,000 are injured.
Legal Help for Motorcycle Accident Victims
Were you injured by a negligent motorist while riding your motorcycle in Houston? You may have the right to compensation for your medical bills, lost income, and other crash-related expenses. An experienced Houston motorcycle accident attorney from Fleming Law could help you pursue the financial relief and accountability you deserve from the at-fault driver. For over 30 years, we have advocated for injury victims in Houston and can do the same for you.
We know how to hold at-fault drivers accountable for the injuries they cause. Our attorneys have the experience and skill to handle even the most challenging motorcycle accident cases. We are ready to make sure you know your rights and explore your legal options. Contact our office today for a free initial consultation with a Houston motorcycle accident injury lawyer.
What Injuries Occur Most Frequently in Houston Motorcycle Accidents?
Even when wearing helmets and other protective gear, motorcyclists are at serious risk of suffering catastrophic injury and death when involved in an auto accident.
Among other things, common injuries we see in motorcycle accidents include:
How Is Liability Established in a Motorcycle Accident?
Most personal injury plaintiffs, including those seeking compensation for injuries sustained in motorcycle accidents, must prove that the at-fault driver was negligent. In law, negligence arises when someone fails to take adequate precautions to make sure they do not injure others through their actions.
Your motorcycle accident attorney will draw on all sorts of evidence to prove that the at-fault driver was negligent, including:
Police accident reports
Medical treatment records
Photographs from the scene
Video footage of the collision from surveillance and traffic cameras
Blood-alcohol content (BAC) and toxicology test results
Physical evidence, such as damaged motorcycle helmets and vehicle wreckage
Testimony from reliable witnesses and experts
Cell phone, GPS, and traffic-signal logs
What Compensation Can I Recover in a Motorcycle Accident Lawsuit?
If you successfully prove the at-fault party’s liability for your injuries, a court may order that they pay you a wide range of compensation. Though the precise amount will vary based on the severity of your injuries and losses, you may be reimbursed for both their economic and noneconomic aspects.
You could pursue compensation through a Houston motorcycle accident claim for:
Medical treatment and rehabilitation, including emergency care, ambulance services, hospitalization, surgeries, prescription medication, and physical or occupational therapy
Incidental out-of-pocket expenses, such as medical travel
Costs of long-term care, such as home health care or installation of disability accommodations in your home
Loss of income if your injuries prevent you from working or require you to transfer to a lower-paying part-time or light-duty position
Loss of future earning potential and job benefits if you suffer prolonged or permanent disabilities
Physical pain and anguish from your injuries and subsequent medical treatment
Emotional trauma and distress from the accident or your injuries
Loss of enjoyment or quality of life
Costs to repair or replace your motorcycle or other damaged personal property
A Houston motorcycle accident lawyer can document your losses, calculate how much your claim is worth, and help you pursue the full financial recovery you are owed.
What should I do if I was seriously injured in a motorcycle crash?
Nationwide passenger vehicle occupant and motorcyclist deaths as a percentage of all motor vehicle crash deaths 2000-2021.
Year
Cars
%
Motorcycle
%
2000
32,109
77
2,895
7
2001
31,938
76
3,195
8
2002
32,724
76
3,267
8
2003
32,166
75
3,710
9
2004
31,750
74
4,026
9
2005
31,455
72
4,575
11
2006
30,628
72
4,810
11
2007
29,155
71
5,174
13
2008
25,547
68
5,307
14
2009
23,507
69
4,467
13
2010
22,351
68
4,517
14
2011
21,413
66
4,630
14
2012
21,906
65
4,986
15
2013
21,361
65
4,691
14
2014
21,131
65
4,302
13
2015
22,741
64
5,026
14
2016
23,957
63
5,337
14
2017
23,866
64
5,229
14
2018
23,046
63
5,038
14
2019
22,557
62
5,044
14
2020
24,135
62
5,619
14
2021
26,585
62
6,084
14
“June of 2016 changed my life. I was hit from behind while waiting at the red light on my motorcycle by a motorist who was texting and driving. I honestly thought at the time of impact, this was it. After receiving treatment for my injuries and broken bones, I reached out to the best firm I could find to represent me and my interest. I found Fleming Law, P.C., and was connected with Audrey. We talked about the facts of my case and what needed to be done. I really appreciated her thoughtfulness, and guidance through the whole process. Even when I got frustrated, she was a calm voice who assured me that things will work out, and explained the process better. She continually kept me and my wife informed, which is rare, and I am really happy about the end result and the way things worked out.” Continue reading →
- Robert
Does Texas Have a Time Limit for Filing a Motorcycle Accident Lawsuit?
Texas’s statute of limitations sets a two-year deadline for filing a motorcycle accident lawsuit. Failure to file within this time frame can result in losing your right to seek compensation for your injuries and accident-related losses.
Why Are Motorcycle Accident Injuries More Severe Than Car Accident Injuries?
Motorcycle riders tend to suffer more severe injuries in motor vehicle accidents than car occupants for a few reasons. Motorcycles lack most of the safety features that protect car occupants in crashes, such as airbags and seatbelts. They also don’t have other collision-avoidance technologies like automatic emergency braking.
A motorcycle rider is not protected by the steel frame of an automobile either. Besides a helmet and riding leathers, they have little to protect them from injuries in an accident. Motorcycle riders risk getting thrown off their motorcycles in an accident, causing them to hit the ground violently.
Another reason motorcyclists tend to suffer more serious injuries in accidents is that these collisions often occur at higher speeds than most car accidents. Many motorcycle crashes happen because other motorists fail to notice a motorcyclist. This means drivers often collide with motorcyclists at high speeds without braking or swerving to avoid the collision. Drivers who make sudden maneuvers like changing lanes or braking may surprise a motorcyclist, leaving them no opportunity to avoid a crash.
What Are the Most Common Causes of Motorcycle Accidents in Houston?
While motorcycle accidents occur for various reasons, many collisions are caused by negligent, reckless, or careless drivers. Some of the most common causes of motorcycle crashes in Houston include:
Speeding or driving too fast for road, weather, or visibility conditions
Other factors that contribute to motorcycle accidents in Houston include poor road conditions, bad weather, and poor visibility. Vehicle mechanical failures caused by defective parts or inadequate maintenance can also result in motorcycle collisions.
What Should I Do If I Was Involved in a Motorcycle Accident in Houston?
If you’ve been involved in a motorcycle accident in Houston, you can take steps to protect your right to pursue compensation for your injuries and other losses. After you have received medical treatment, you should do the following:
Follow your doctor’s treatment recommendations and recovery instructions, and keep all follow-up appointments.
Remember to get copies of the medical records for your injury treatment and rehabilitation.
Request a copy of the police accident report if law enforcement responded to the accident scene.
Report the accident to your insurance company and confirm the coverage available under your policy.
Keep copies of any bills, invoices, or receipts for expenses you incur due to the accident, such as motorcycle repairs or incidental costs.
Gather your pay stubs or income statements if you miss time from work or earn less than usual due to your injuries.
You should also contact a Houston motorcycle accident attorney from Fleming Law as soon as possible after the crash. We can discuss your legal options for financial relief and the next steps to pursue compensation for your injuries.
Who Could Be Liable for My Houston Motorcycle Crash?
Typically, a driver who hits a motorcyclist will bear liability for the injuries and other damage resulting from the crash. But depending on the circumstances surrounding a motorcycle accident, other parties may also be liable. For example, the following parties could be responsible:
The at-fault driver’s employer may be liable if the crash occurred while the driver was performing their job duties.
A government entity could be responsible if road hazards or broken traffic signals caused the accident.
The owner of the car the at-fault party was driving could be at fault if the owner negligently entrusted the vehicle to the driver.
A vehicle or auto part manufacturer may bear liability for a motorcycle accident if a manufacturing defect or faulty part caused the collision.
Other road users, such as pedestrians or bicyclists, can be held responsible if their actions resulted in the motorcycle crash.
Determining liability for a Houston motorcycle crash will likely require a thorough investigation into the collision and what caused it. A lawyer can handle this process for you and secure the evidence you need to build a strong claim.
What If I Was Partially At Fault for the Motorcycle Accident?
When evaluating liability in auto accidents, Texas courts apply the principle of comparative negligence (also known as “proportionate responsibility”). This means that injured victims who contributed to the cause of the accident could still be entitled to significant compensation, so long as they did not contribute more than 50 percent to the cause of the accident. However, their compensation will be reduced proportionately to their degree of fault.
For instance, suppose you are going 10 miles over the speed limit as you prepare to exit I-45 on your motorcycle. As you approach the exit ramp, a car cuts you off. You crash and suffer injuries worth $1,000,000.
In this scenario, if a jury finds that your speeding contributed 10 percent to the cause of the accident, your compensation will be reduced proportionately to $900,000. On the other hand, if it finds that you contributed more than 50 percent, you will be barred from receiving any compensation. One of our Houston motorcycle accident attorneys can help protect your right to the full compensation you’re owed.
Do Houston Motorcycle Laws Require Helmets?
Texas law requires motorcycle riders to wear helmets that meet the standards set by the Texas Department of Transportation. However, the motorcycle helmet law exempts riders 21 and older who have completed a motorcycle operator training and safety course. Motorcyclists with health insurance covering injuries sustained in a motorcycle accident are also exempt.
Can Not Wearing a Helmet Hurt My Motorcycle Accident Case?
In Texas, a motorcyclist not wearing a helmet in a crash is not automatically disqualified from pursuing compensation for their injuries – even if they were not exempt from riding without a helmet. However, failing to wear a motorcycle helmet could affect the compensation a motorcyclist can recover in a motorcycle accident case. For instance, an insurance company might argue that wearing a helmet would have prevented or reduced the severity of the head, facial, or brain injuries a rider suffered.
If you were in a motorcycle accident and were not wearing a helmet, you need dedicated legal representation to help you pursue maximum compensation for your injuries and losses. An experienced motorcycle accident attorney will be familiar with the tactics that insurance companies use to deny or minimize liability and can aggressively advocate for you.
Is Lane-Splitting Legal in Houston?
Lane-splitting refers to riding a motorcycle on top of road lines or in between lanes of traffic. Advocates of lane splitting argue that the practice helps reduce traffic jams by allowing motorcycles to bypass slow or stopped traffic. This reduces the risk of a motorcyclist getting rear-ended in stop-and-go traffic.
Opponents of lane splitting argue that the practice puts motorcyclists at greater risk of accidents. Drivers may not expect motorcycles to travel between rows of vehicles in stopped or slow traffic.
Some states have laws clearly forbidding lane splitting, while others do not have a law directly addressing the practice. However, only California has legalized lane splitting. Texas law prohibits lane splitting, requiring motorists to drive within a single lane.
What Are the Motorcycle Insurance Requirements in Texas?
Texas treats motorcycles like cars for registration, titling, and insurance purposes. As a result, motorcycle operators must have an insurance policy that provides the minimum coverage required by state law. This includes liability insurance to cover their financial responsibility for an accident. Operators must have policy limits of at least:
$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
Riders can purchase higher liability coverage limits and other optional coverages such as collision, comprehensive, uninsured motorist, and underinsured motorist coverage.
Are There Steps I Can Take to Prevent a Motorcycle Accident?
While motorcycle riders cannot control the actions of negligent drivers, they can take steps to decrease the likelihood of being involved in a collision. Essential safety tips for motorcyclists to follow include:
Increase your visibility to other motorists by wearing bright-colored clothing and adding reflective tape to your clothing, helmet, and motorcycle. You should also use your headlight both night and day, regardless of lighting or visibility conditions.
Practice defensive riding, which includes staying alert for road hazards like potholes or debris. Watch for drivers who may suddenly turn, shift lanes, or brake. Always assume that other motorists cannot see you.
Exercise extra caution when approaching intersections. Prepare to stop or swerve if a driver suddenly turns in front of you or runs the red light or stop sign.
Avoid riding under the influence of alcohol or drugs.
Try not to ride at night or in bad weather conditions whenever possible.
New and inexperienced riders should consider taking a motorcycle safety course. More experienced riders can brush up on their skills with refresher courses.
After taking a season or two off from riding, consider reacquainting yourself with your motorcycle. Practice in an empty parking lot to relearn how your motorcycle turns, brakes, and accelerates.
Perform all recommended maintenance on your motorcycle and regularly check the brakes, tires, headlights, and horn.
Avoid riding a motorcycle with a performance that exceeds your skill level and experience. Always stick with a motorcycle you can safely control.
Even after following all these safety rules, you may still be harmed in a traumatic motorcycle accident because of someone else’s actions. If that happens, the team at Fleming Law is here to help you demand the compensation you need through a Texas motorcycle accident claim.
How Long Can It Take for My Case to Settle?
The duration of a motorcycle accident claim can vary depending on multiple factors. Some cases settle in a few months, while others take years. Unfortunately, no one can predict how long it may take to resolve your Houston motorcycle accident case. However, some of the factors that may affect the timeline of your claim include:
The type and severity of injuries you sustained in the crash
Whether your injuries result in prolonged or permanent disabilities
The duration of your medical treatment and rehabilitation
Whether you miss work while recovering from your injuries or develop a permanent disability that prevents you from returning to work
The number of potentially liable parties in the case
The number of people who suffered injuries in the accident
Whether you share any responsibility for the accident or your injuries
The availability of insurance coverage and the size of applicable policy limits
The complexity of the evidence in the case, including whether you need accident reconstruction or engineering expert testimony
The speed of the insurance company’s investigation and how quickly they respond to your communications
Whether you need to file a lawsuit to push the at-fault driver or insurance company toward a settlement
How Can a Personal Injury Lawyer Help After a Motorcycle Wreck?
Personal injury cases are complex, and the job of your attorney is to fight for your legal rights and avoid all pitfalls on the road toward compensation. Importantly, it is your attorney’s legal and professional duty to put your best interests first. At Fleming Law, we take that responsibility very seriously.
Our motorcycle accident law firm can help after a crash by:
Make sure you know your full legal rights and options
Identifying all possible sources of compensation for your injuries
Conducting an independent investigation of the motorcycle accident
Obtaining medical records, crash reports, and other key evidence to substantiate your claim
Interviewing witnesses and experts for valuable testimony
Managing case documents, filings, and deadlines
Communicating with insurers and other relevant parties on your behalf
Negotiating aggressively to maximize the value of your settlement
Taking your case to court and representing you at trial if a fair settlement cannot be reached
While a car accident can be devastating and cause life-threatening or long-term injuries, the chances of being seriously injured or killed in a motorcycle accident are even greater. In just one recent year, there were about 7,500 motorcycle accidents in Texas. Of those, almost 2,000 motorcyclists were seriously injured, and nearly 500 were killed. If you’ve been in a motorcycle crash, a motorcycle injury lawyer in Houston can help.
Why the Right Motorcycle Crash Lawyer Matters
Injuries from a motorcycle accident can range from minor injuries like broken bones to catastrophic or disabling injuries, including loss of limbs to loss of life. Our experienced motorcycle accident lawyers are often contacted to help victims get the assistance they need to pay for medical bills, physical therapy, or loss of life or limb or to help them recuperate monies lost due to the loss of work. It is important that you consult with a qualified Houston motorcycle accident lawyer.
Contact a Houston Motorcycle Accident Lawyer Today
Because of their near-complete exposure, motorcyclists are extremely vulnerable to severe injury and death when involved in an auto accident. The Houston personal injury lawyers at Fleming Law understand how devastating these accidents can be for motorcyclists and their loved ones. If you were injured in a motorcycle accident in Houston, do not hesitate to contact us to learn about your legal rights and options in a free, no-obligation consultation. Our Houston motorcycle accident lawyers are here to help.
