Texas Motorcycle Accident Lawyer

As a motorcyclist, you understand the thrill of the open road, the sense of freedom, and the camaraderie that comes with riding. The wind in your face, the roar of the engine, and the open road ahead represent a unique form of liberty. However, this freedom comes with its share of risks. Sharing the road with less attentive or reckless drivers can lead to unfortunate incidents. When an accident occurs, it can be life-altering, leading to severe injuries, financial burdens, and emotional trauma. That’s when you need a dedicated Texas motorcycle accident lawyer to fight for your rights and ensure you receive the compensation you deserve.

Motorcycle Accident Statistics

In the state of Texas, there were 599 motorcyclists (operators and passengers) killed in 2023. Of those killed, 40% of them were not wearing helmets at the time of the motorcycle crash. 10 of them were children. Texas Department of Transportation motor vehicle crash statistics.

Understanding the Risks of Motorcycle Riding

Motorcycle riding, while exhilarating, comes with inherent risks. Unlike cars or trucks, motorcycles offer little to no protection to the rider. Motorcyclists are exposed to the elements and lack the protective shell that cars provide, making them more susceptible to severe injuries in accidents. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in a traffic crash than occupants of other vehicles.

These statistics are not meant to scare you but to underline the importance of safety measures and the need for legal protection. Understanding these risks is the first step towards safer riding and knowing when to seek legal help if an accident occurs. It’s crucial to wear appropriate safety gear, follow traffic rules, and stay vigilant on the road. However, even the most cautious riders can find themselves in an accident due to the negligence of others.

motorcycle accident.Why You Need a Texas Motorcycle Accident Lawyer

Motorcyclists are undoubtedly the most vulnerable road users. According to the NHTSA, motorcyclists are five times more likely to suffer accident injuries than occupants of cars or trucks. This vulnerability makes it crucial to have a legal expert on your side if you’re involved in an accident.

A Texas motorcycle accident lawyer understands the unique risks and challenges motorcyclists face. They are well-versed in the laws and regulations related to motorcycle accidents and have the expertise to handle complex legal procedures. They can help you navigate the complex legal process, negotiate with insurance companies, and ensure you receive fair compensation for your injuries and damages.

What a Texas Motorcycle Accident Lawyer Can Do For You

A dedicated motorcycle accident lawyer offers comprehensive support and addresses your needs:

  • Vehicle Repair and Transportation: If your motorcycle is your primary mode of transportation, getting it repaired or replaced is a priority. Your lawyer can expedite this process and collaborate with trusted repair shops and insurance companies. They can help you get back on the road as soon as possible.
  • Lost Wages: If your injuries prevent you from working, your lawyer will include lost wages in the damages sought in your case. They will gather all necessary evidence to ensure you receive fair compensation for both current and future lost income. This includes not just your salary but other benefits and opportunities you might have missed due to the accident.
  • Medical Treatment and Expenses: Access to medical treatment is critical after a motorcycle accident. Your lawyer can help you find the treatment you need with no upfront costs and will prioritize recovering medical expenses for surgeries, medications, rehabilitation, and ongoing care. They can also help you document your injuries and treatments, which is crucial for your case.
  • Financial Compensation: Your lawyer will evaluate your case, considering factors such as medical expenses, lost wages, pain and suffering, and other damages caused by the crash. Their goal is to get you the maximum compensation possible. They can help you understand how compensation is calculated and what you can realistically expect from your claim.
  • Attorneys’ Fees: Many motorcycle accident lawyers work on a contingency fee basis, meaning they only collect a fee if they win a favorable settlement or verdict on your behalf. This allows you to focus on recovery while they handle the legal work. It also ensures that you have access to legal representation, regardless of your financial situation.

Common Causes of Motorcycle Accidents

Motorcycle accidents can happen for a variety of reasons. Understanding these can help you stay safe on the road. Here are some common causes:

  • Speeding: This is a leading cause of all types of vehicle accidents, including motorcycle crashes. Speeding reduces the motorist’s reaction time and can lead to severe collisions. It’s not just the speed of the motorcyclist that’s a concern – often, accidents occur because a car or truck was going too fast to react to a motorcyclist.
  • Intoxicated Driving: Alcohol or drug use impairs a driver’s ability to operate their vehicle safely, often resulting in accidents. Intoxicated drivers pose a significant risk to motorcyclists due to their erratic and unpredictable behavior. Even a small miscalculation or delayed reaction from an intoxicated driver can result in a serious accident.
  • Unsafe Lane Changes: Many accidents occur when drivers fail to check their blind spots or signal before changing lanes. This can be particularly dangerous for motorcyclists who are less visible on the road. Always be aware of the vehicles around you, and remember that a car may not see you when they decide to change lanes.
  • Distracted Driving: Activities like texting, eating, or using a GPS while driving can distract a driver, leading to accidents. For motorcyclists, a moment’s distraction can be deadly. As a motorcyclist, it’s important to stay extra vigilant around cars, as you never know when a driver might be distracted.
  • Negligent Entrustment: Unfortunately, younger people often do not view a motorcycle as a motor vehicle. They may allow others to ride it who do not have a motorcycle  license or may be otherwise inexperienced or incompetent to ride.

Types of Injuries Sustained in Motorcycle Accidents

Motorcycle accidents can lead to a range of injuries, from minor to severe. Here are some common ones:

  • Road Rash: This is a skin abrasion that occurs when a motorcyclist slides across the pavement during an accident. It can lead to severe skin damage and infections if not treated properly. Road rash should always be treated by a medical professional to prevent complications.
  • Broken Bones: Motorcyclists are at high risk of fractures due to the lack of protection a motorcycle provides. Commonly broken bones include the arms, legs, and collarbone. These injuries can require surgery and extensive physical therapy to heal properly.
  • Traumatic Brain Injuries (TBIs): Even with a helmet, motorcyclists can suffer TBIs in an accident. These can range from concussions to severe brain damage, impacting cognitive and physical abilities. TBIs can have long-term effects and require ongoing medical treatment.
  • Spinal Cord Injuries: These can result from a high-impact crash and can lead to partial or complete paralysis. Spinal cord injuries often require long-term medical care and rehabilitation. They can significantly impact a person’s quality of life and ability to work.
  • Degloving injuries:  A degloving injury is a catastrophic injury that most often happens to the extremities, arms, or legs. The sudden force and shearing motion of hitting the pavement can cause the skin to literally peel back from the lower layers of skin, muscle, ligaments, or bone.

What to Do After a Motorcycle Accident in Texas

If you’re involved in a motorcycle accident in Texas, it’s crucial to follow these steps:

  • Ensure Your Safety: First and foremost, check if you’re safe. If possible, move away from the road to a safe location to prevent further accidents.
  • Call the Police: Report the accident to the police. They will document the scene and create an official report, which can be crucial for your insurance claim and potential legal case.
  • Seek Medical Attention: Even if you feel fine, it’s important to seek medical attention immediately. Some injuries may not be immediately apparent and can worsen if left untreated.
  • Document the Scene: If you’re able to, take pictures of the accident scene, your injuries, and any damage to your motorcycle. This can serve as valuable evidence later on.
  • Gather Witness Information: If there were any witnesses to the accident, try to get their contact information. Their statements can be helpful in establishing what happened.
  • Report the Accident to Your Insurance Company: Notify your insurance company about the accident as soon as possible. Be careful not to admit fault or provide detailed statements until you’ve consulted with a lawyer.
  • Consult with a Motorcycle Accident Lawyer: Finally, consult with a motorcycle accident lawyer to protect your rights. They can guide you through the legal process and ensure you receive fair compensation for your damages.

Choosing the Right Texas Motorcycle Accident Lawyer

Choosing the right lawyer can make a significant difference in your case. When choosing a lawyer, consider their experience, track record, and understanding of motorcyclists’ unique needs. Look for a lawyer who is not only knowledgeable about Texas motorcycle laws but also understands the motorcyclist’s perspective. A lawyer who is a motorcyclist themselves can offer invaluable insights and empathy.

Ensure the lawyer has a proven track record of success in handling motorcycle accident cases. They should have experience in negotiating with insurance companies and, if necessary, taking cases to court to ensure you receive fair and timely compensation. Don’t be afraid to ask potential lawyers about their experience and success rates. A good lawyer will be happy to provide this information.

What to Expect in a Motorcycle Accident Claim

Filing a motorcycle accident claim can be a complex process. Here’s what you can expect:

  • Initial Consultation: This is your first meeting with your lawyer where you discuss the details of the accident, your injuries, and any associated costs. This meeting is usually free and allows the lawyer to understand your case better.
  • Investigation: Your lawyer will gather evidence, including police reports, witness statements, and medical records, to build a strong case. They may also work with accident reconstruction experts or other professionals to strengthen your claim.
  • Negotiation: Your lawyer will negotiate with the insurance company on your behalf, aiming to reach a fair settlement for your damages. They will use the evidence gathered during the investigation to support your claim.
  • Filing a Lawsuit: If a fair settlement cannot be reached, your lawyer will file a lawsuit and prepare your case for court. This involves drafting and filing legal documents and representing you in all court proceedings.
  • Trial: If your case goes to trial, your lawyer will present your case, aiming to prove the other party’s negligence and secure a favorable verdict. This can be a lengthy process, but your lawyer will be with you every step of the way.
  • Settlement or Verdict: The case concludes with either a settlement agreement or a verdict, which determines the compensation you receive. Your lawyer will explain the outcome to you and advise you on the next steps.

Contact Simmons & Fletcher Today And Get Represented In Your Motorcycle Accident Case in Texas

When it comes to representing you in your motorcycle accident case in Texas, consider Simmons & Fletcher. As personal injury lawyers with extensive experience in handling a wide range of personal injury cases, they understand the complexities of motorcycle accident claims. They are committed to fighting for your rights and ensuring you receive the compensation you deserve.

Simmons & Fletcher understand that every case is unique and requires a personalized approach. They will take the time to understand your situation and develop a strategy tailored to your needs. They believe in open communication and will keep you informed throughout the process.

Don’t let a motorcycle accident derail your life. Get the legal help you need to get back on track. Call Simmons & Fletcher at (713) 932-0777 for a free case consultation today.

Frequently Asked Questions

What is the average payout for a motorcycle accident in Texas?

The payout for a motorcycle accident in Texas varies greatly depending on the specifics of the case, including the severity of the injuries, the extent of the property damage, and the degree of the other party’s negligence. Your lawyer can provide a more accurate estimate based on your individual circumstances.

Should I get a lawyer for a motorcycle accident that wasn’t my fault in Texas?

Yes, it’s advisable to get a lawyer even if the motorcycle accident wasn’t your fault. A lawyer can help protect your rights, handle communication with the car insurance companies, and ensure you receive fair compensation for your damages.

How long does it take to get over a motorcycle accident?

The recovery time after a motorcycle accident varies greatly depending on the severity of the injuries. While physical injuries may heal within weeks or months, psychological trauma can last much longer. It’s important to seek professional help and support during your recovery process.

What is Lane Splitting?

Lane splitting is the practice of riding a motorcycle between two legal lanes (i.e. on the white line) when the lanes are occupied by cars but are moving at the normal flow of traffic. The motorcycle splits the lane to get around the vehicle that is ahead of it.

Is Lane Splitting Legal In Texas?

No. As of September 1, 2023, there is a Texas law prohibiting lane splitting. Texas Transportation Code 545.0605 states that motorcycle riders may not “operate the motorcycle between lanes of traffic moving in the same direction; or pass a motor vehicle while in the same lane as the vehicle being passed.” Violators could be charged with reckless driving and receive up to 30 days in jail and up to a $200.00 fine.

What is Lane Filtering?

Lane filtering is the practice of riding a motorcycle between two legal lanes (i.e. on the white line) when the lanes are occupied by cars but are either sitting still at a stop light or in traffic, or are moving at a very slow pace (such a stop and go traffic).

Is Lane Filtering Legal in Texas?

No. As of September 1, 2023, lane filtering is a violation of Texas Transportation Code 545.0605 which states that motorcycle riders may not “operate the motorcycle between lanes of traffic moving in the same direction; or pass a motor vehicle while in the same lane as the vehicle being passed.” The penalty for violating the law could be up to 30 days in jail and up to a $200.00 fine if the rider is charged with reckless driving.

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Simmons and Fletcher, P.C., rooted in Christian values, exclusively handles personal injury cases, advocating for the rights of accident and negligence victims. Our Houston-based team, dedicated to compassion and excellence, handles cases across car accidents, motorcycle accidents, truck accidents, slip and falls, dog bites, and other types of cases with a commitment to personalized care. Upholding integrity and client-focused service, we strive for impactful legal outcomes. For a detailed understanding of our approach and team, visit our attorneys page.

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