MOTORCYCLE ACCIDENT

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Motorcycle Accident

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Since the 1920s, motorcycles have been a popular mode of transportation across the U.S. Riders enjoy the open air and freedom a motorcycle provides. However, there are dangers that come with riding a motorcycle. In the case of a collision, riders have much less protection than if they were in another type of vehicle, thus increasing the odds of serious injury or death. The relative sizes and weights of the vehicle(s) involved in the crash make accidents even more dangerous for riders. Overall, a motorcycle accident can ruin someone’s life and destroy their finances.

When you have been in a motorcycle accident in Texas, the more information you have about the law, the better you can make important decisions about recovering compensation for your injuries. Here, we take a look at the motorcycle laws in Texas and tell you how you can get paid for property damage and bodily injury.

Motorcycle Accidents in Texas

In Texas, on average, a motorcyclist is killed in a crash every day; 482 deaths a year make motorcycles one of the most dangerous forms of travel. Worse, the number of motorcycle accidents continues to increase, making each year more dangerous for riders than the last. If you’ve been injured in a Texas motorcycle accident, the legal team at the Law Offices of Colby Lewis can give you peace of mind, knowing that your case is in good hands.

Causes of Motorcycle Crashes

Motorcycle crashes can be caused by a variety of factors, including:

  • Left turning cars
  • Lane switching
  • Being rear-ended by another vehicle
  • Head-on collisions
  • Lane splitting
  • Open car doors
  • Alcohol or drugs
  • Hazardous road conditions
  • Construction

No matter the cause of the accident, injuries are highly likely to occur in these types of crashes.

Common Types of Injuries in Motorcycle Accidents

Because of the lack of protection for riders, injuries in crashes are common. The most common motorcycle crash injuries include, but are not limited to:

  • Sprains
  • Broken bones
  • Contusions
  • Lacerations
  • Spinal cord injuries
  • Back injuries
  • Neck injuries
  • Traumatic amputation
  • Soft tissue injuries
  • Road rash
  • Burns
  • Other injuries

Injuries are increased if the rider fails to wear a helmet or proper safety gear.

Types of Compensation

When you have been in a motorcycle crash, medical bills and other expenses pile up while you recover. As such, there are a variety of different types of compensation you can recover with a successful claim:

  • Medical bills
  • Lost wages
  • Wrongful death
  • Pain and suffering
  • Loss of consortium or companionship
  • Property damage
  • Other compensation

The amount of compensation you receive is heavily influenced by having the right Texas motorcycle accident injury lawyer in Houston to represent you. Your attorney should be able to properly calculate your current and future expenses and demand an amount that adequately compensates you for your injuries.

Filing a Motorcycle Accident Insurance Claim

After receiving proper medical attention for your injuries, your next step to recovering compensation is to consult with an experienced motorcycle accident lawyer. At the Law Offices of Colby Lewis, we specialize in motorcycle accident compensation recovery and zealously pursue the highest possible payout.

Responsibility in Motorcycle Accidents

When you’ve been injured in a motorcycle accident in Texas, it’s possible that you were at fault for the accident. When you are at fault, you may or may not be able to recover compensation. Texas uses a modified comparative fault rule, which calculates each party’s responsibility for the accident. Based on the rule, you can only recover for a motorcycle accident if you are 50% or less at fault. When this is the case, the amount of compensation you receive will be reduced by the percentage of your fault in causing the accident. However, if you are 51% or more at fault, you are barred from receiving compensation. This is when an experienced motorcycle accident lawyer can make the difference between receiving compensation or being barred from recovery.

Liable Parties in a Motorcycle Crash

In some cases, a motorcycle accident is caused by someone other than another driver. Some cases are caused by employees of the government agency responsible for road maintenance – potholes, inadequate drainage, and missing signs can all cause accidents. In other instances, your accident may have been caused by the failure of your motorcycle or equipment. When a defect is to blame, the manufacturer or retailer may be held liable.

Proving Negligence in a Texas Motorcycle Accident

To prove negligence in a motorcycle accident, your Texas motorbike accident attorney will use a variety of evidence to help your case. There are multiple types of evidence your lawyer can use to prove negligence, including, but not limited to:

  • Dashcam footage
  • Police report
  • Medical report
  • Property damage
  • Accident scene photos
  • Witness statements
  • Other types of evidence

Remember, if you are 51% or more at fault for your accident, you won’t be able to recover compensation. Your attorney for motorcycle accidents will work diligently with the evidence they have to prove negligence of the other party so you can recover damages.

Statute of Limitations

Unfortunately, if you are in a motorcycle accident, you only have a limited amount of time to file a motorcycle accident claim. In Texas, the time limit – also known as the statute of limitations – is two years from the date of the accident. If you wait longer than two years, you won’t be able to file a claim or receive compensation.