Texas Motorcycle Accident Lawyer
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.
What Are Some Reasons for Texas Motorcycle Accidents?
Motorcycle accidents in Texas happen for several reasons, including the following:
- Speeding – Excessive speed is a significant factor in many accidents, including those involving motorcycles. Because of their smaller size, motorcycles are harder to spot. If a driver is speeding and spots a motorcycle too late, they may be unable to stop to avoid hitting the bike.
- Distracted driving – According to the National Highway Traffic Safety Administration (NHTSA), 41 percent of motorcycle accidents occur because a driver doesn’t see the motorcycle. Distractions are a major reason why drivers miss seeing motorcycles. This includes texting, eating, talking on the cell phone, looking at something outside the car, and talking to a passenger.
- DUI – Driving under the influence (DUI) inhibits a driver’s reaction time, judgment, and coordination. These effects all put motorcycle riders at considerable risk of injuries.
- Aggressive or reckless driving – Aggressive tactics may include tailgating, illegal passing, failing to yield, and purposefully veering into an adjacent lane. Drivers who act recklessly towards motorcycle riders put them at risk of injury because of the rider’s lack of protection and the bike’s comparably smaller size.
- Blind spots – The NHTSA also states almost 40 percent of the area around a vehicle is considered a blind spot. The largest blind spots are located to the left and right of the vehicle behind the side mirrors. If a driver fails to check their blind spots before maneuvering, they could strike a motorcycle riding alongside them.
- Unsafe lane changes – Because of motorcycles’ smaller profiles, drivers who fail to scan their blind spots and signal their intention to change lanes may collide with one.
- Poor road conditions – Hazards like potholes, uneven pavement, gravel, or debris on the road can pose a significant danger to motorcyclists. Road conditions can cause them to lose control or be ejected from the bike.
What Kind of Injuries Occur in Texas Motorcycle Accidents?
According to the National Safety Council (NSC), motorcycles comprise only three percent of all registered vehicles in the United States. However, motorcyclists accounted for 14 percent of all crash deaths in one recent year. In other words, motorcycle accidents often result in severe – even deadly – injuries.
Here are some common injuries that occur in Texas motorcycle accidents:
- Broken bones – The impact of a motorcycle accident can cause broken bones throughout the body, including arms, legs, wrists, ribs, and collarbones. While most broken bones heal with time, immobilization, and casting, severe fractures may require surgery to repair.
- Brain injuries – Traumatic brain injuries (TBIs) are a significant concern in motorcycle accidents. Even with helmet usage, riders are vulnerable to head and brain injuries, including concussions, contusions, and skull fractures.
- Back and neck injuries – The force of the impact can lead to injuries along the spine from the neck down to the lower back, including whiplash, fractured vertebrae, herniated discs, and pinched nerves. Worst of all, damage to the spinal cord can result in paralysis.
- Soft tissue injuries – Motorcycle accidents often cause major injuries to the body’s soft tissues, including the skin, muscles, ligaments, tendons, and cartilage. Soft tissue injuries may include cuts, lacerations, road rash, strains, and sprains.
- Internal injuries – The impact of a motorcycle crash can cause internal injuries that may not be immediately obvious. These injuries can affect organs such as the lungs, liver, spleen, or kidneys and usually require immediate medical attention.
Are Motorcycle Helmets Required in Texas?
Texas law requires motorcyclists and their passengers to wear a helmet that meets federal safety standards unless:
- The person is 21 or older, and
- The person provides proof that they have completed a motorcycle operator training course or have a medical insurance plan that would cover motorcycle accident-related injuries.
The law does not allow Texas police officers to pull you over just to confirm you meet these criteria for not wearing a helmet.
If I Was Not Wearing a Helmet, Can It Hurt My Accident Claim?
If you were not wearing a helmet when the motorcycle accident occurred, the other driver might accuse you of being responsible for your injuries. The other driver’s negligent actions caused the accident, not your choice of protective wear. But if you suffered an injury to the head or face, the negligent driver could argue that choosing not to wear a helmet contributed to your injuries. This could negatively affect the amount of compensation you can recover.
A dedicated motorcycle accident attorney can fight for your right to compensation, regardless of whether you were wearing a helmet.
Is Texas a No-Fault State?
Texas is not a no-fault state when it comes to auto liability insurance. Instead, Texas follows a fault-based system. Under this system, the party at fault for an accident is legally responsible for the victim’s losses, including medical expenses, lost wages, and pain and suffering. The victim can file a claim with the at-fault party’s insurance company or the driver directly.
However, Texas insurance companies must offer drivers personal injury protection (PIP) insurance in their auto insurance policy. PIP insurance covers the policyholder and their passengers’ losses regardless of who is at fault for the accident. Drivers can decline this coverage in writing.
How Do I Prove Who Was At Fault for the Accident?
To prove fault in a motorcycle accident case, you must collect and present evidence that the negligent party’s actions caused the accident. Here are some common steps in proving fault:
- Gathering evidence – Collect as much evidence as possible from the accident scene. This may include photos of the accident scene and vehicles involved and surveillance footage of the accident occurring.
- Police report – If a Texas police officer responded to the accident, request a copy of their crash report. This report often includes the officer’s assessment of the accident and may indicate who they believe was at fault based on the evidence and statements collected.
- Eyewitness testimony – Speak with witnesses who observed the accident. Their statements can provide valuable insights into the sequence of events and help determine fault. Get their contact information so you can contact them again later if needed.
- Accident reconstruction – In some cases, you may need to consult accident reconstruction experts to recreate the accident using available evidence. These experts can analyze the scene, vehicles, and other relevant factors to provide their opinion on how the accident occurred and who may be at fault.
- Traffic laws and regulations – Evaluate applicable traffic rules to determine whether any violation occurred. This can include speed limits, right-of-way rules, lane usage, and other traffic regulations.
If this seems like an overwhelming amount of work, know that a skilled attorney can conduct a thorough investigation on your behalf. That way, you can focus on your recovery.
If I Am Partly to Blame for the Accident, Will It Affect My Accident Claim?
If you bear partial responsibility for a motorcycle accident, it may affect the amount of compensation you could obtain in your accident claim. Under Texas law, a person injured in a motorcycle accident can still recover money for the injuries if they share part of the blame. However, they cannot recover any compensation if their share of fault exceeds 50 percent.
The other driver’s insurance company will certainly try to assign more than 50 percent of the fault for the crash to you. An experienced motorcycle accident attorney can stand up for your rights to recover the compensation you need.
What If the Driver Who Hit Me Has No Insurance?
If the other driver who hit you lacks insurance, you may face greater challenges in recovering compensation. Uninsured/underinsured motorist (UM/UIM) insurance is specifically designed for these situations. If you purchased this coverage when you bought your policy, you can file a claim with your own insurance company to recoup your losses. However, you must have this policy in place before the accident occurs.
Texas requires motorcycles to maintain the same minimum liability insurance as other vehicles. Insurance companies must offer UM/UIM coverage with all insurance policies in Texas. But you can decline this coverage in writing if you choose.
If you didn’t purchase this coverage but have optional personal injury protection (PIP) as part of your policy, you could file a claim for your medical expenses against your PIP coverage. If you didn’t buy PIP coverage, you could put your medical expenses through your regular health care insurance.
In any event, an attorney can help you explore your options for compensation after a motorcycle accident with an uninsured driver.
What Should I Do After a Motorcycle Accident?
Here are some steps you should consider taking in the days and weeks following a motorcycle accident:
- Take care of yourself – Your health and well-being should be your top priority. Take the time you need to rest and heal. Cooperate with your healthcare providers and follow their recommended treatment plan. Attend all necessary medical appointments, follow-up visits, and rehabilitation sessions to improve your chances of a full recovery.
- Keep records – Start a file with all relevant documents, including medical records, accident reports, insurance correspondence, and any other related paperwork. Also, start a daily pain journal that logs your pain levels. This will make it much easier to file a motorcycle accident claim.
- Talk to an attorney –You should consult an attorney as soon as possible before speaking to any insurance companies. The days and weeks ahead of you will be challenging, especially without an experienced, dedicated legal advocate on your side. A motorcycle accident attorney can guide you through the legal process, protect your rights, and help you pursue every possible avenue for recovering compensation.
What Compensation Is Available in a Texas Motorcycle Accident Case?
If you suffered an injury in a Texas motorcycle accident caused by another party’s negligence, you could be eligible to recover compensation for the following accident-related losses:
- Current and future medical expenses
- Lost wages and benefits
- Lower future earning capacity
- Reduced quality of life
- Physical pain and suffering
- Mental or emotional pain
- Motorcycle repairs
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.
Contact a Texas Motorcycle Accident Lawyer
If you suffered an injury in a motorcycle accident caused by another party’s negligence, Fleming Law is here to help. Our compassionate team provides personalized attention, aggressive advocacy, and effective representation to injured motorcycle riders in Texas. We will stand up for your rights in the face of unfair bias against motorcyclists, greedy insurance companies, and negligent drivers. Contact Fleming Law today for your free consultation with one of our experienced Texas motorcycle accident lawyers.
