What To Know After a Motorcycle Accident in Texas
As the number of vehicles on Texas roads rises, motorcycle accidents have become more common, often causing serious injuries. If you’ve been in a motorcycle accident, it’s important to know you have legal options to recover your losses. Read on to learn how to secure the medical care and fair compensation you deserve.
Common Causes of Motorcycle Accidents
Most motorcycle accidents are caused by human error.
The top causes include:
- Left turn collisions
- Blind spot accidents
- Unsafe lane changes
- Distracted driving
- Reckless driving
- Driving under the influence
- Hazardous road conditions
- Vehicular defects
Both passenger vehicle drivers and motorcyclists can contribute to crashes. Unfortunately, motorcycle accidents are associated with a higher rate of injury or death.
What To Do After a Motorcycle Accident
Being involved in a motorcycle accident is often an overwhelming and traumatic event. Here are the steps to take if the unexpected occurs.
Call 911
Regardless of the severity of your accident, you should immediately call 911. Having an official police report on record is vital for your legal and insurance claims. Be sure to give a clear and detailed account of what happened to the police officers who arrive.
Get Medical Care
Even if you don’t feel injured, you should still seek immediate medical attention. Some serious injuries may not show symptoms right away. These medical records will also be crucial evidence for a legal case or a personal injury claim.
Document the Scene
Be sure to take photos and videos of the scene. Include vehicle and motorcycle damage, road conditions, injuries, skid marks and traffic signs. If you decide to consult a motorcycle accident attorney, this information will be helpful for your case.
Exchange Information
Make sure to take down the names, contact information, license plate number and insurance details from all parties involved. If there are any witnesses at the scene, get their names and phone numbers too.
Avoid Admitting Fault
Do not apologize or make any statements about who may have caused the accident. The insurance company can use these statements against you later. Stick with the facts of what happened when speaking to anyone.
Contact a Lawyer Early
If you’ve been hurt in a collision, you need to contact a motorcycle collision lawyer as soon as possible. A knowledgeable attorney can help you communicate with insurance companies, gather important evidence and navigate complex laws. This way, you can receive the compensation you are entitled to from the at-fault party.
Texas Motorcycle Laws & Liability
Texas uses an at-fault car insurance system. This means the at-fault party is responsible for all injury-related expenses. If another driver is at fault and you were hurt, you should not be responsible for your injury-related expenses. Usually, the at-fault driver’s insurance company is the one who pays you, not the driver who caused the accident.
Modified comparative negligence applies in the state of Texas. If you are 50% or less at fault, the amount of your compensation is reduced by your percentage of fault. For example, if you sustained $100,000 in damages and were found in court to be 20% at fault, your compensation would be $80,000. If you are 51% or more at fault, then you won’t receive any compensation.
How the Helmet Law Impacts Your Case
In Texas, the law requires motorcycle riders and passengers under 21 to use a helmet. A rider over 21 may ride without a helmet if they carry proof of at least $10,000 in insurance coverage for injuries, or if they have completed a training course.
If you do not wear a helmet in a crash when it’s required by law, then the insurance company may argue that you were at least partially responsible for any neck or head injuries you sustained. This can reduce your compensation.
Lane Splitting Laws
Lane splitting is illegal in Texas. If you violate this law, then it can result in fines. If you are involved in an accident while lane splitting, you will most likely be found at least partially at fault.
What Is the Required Insurance Coverage for Motorcyclists?
In Texas, motorcyclists must carry the same minimum liability insurance coverage as any other driver. This coverage is referred to as “30/60/25” coverage and includes $30,000 for bodily injury per person, $60,000 for total bodily injury per accident and $25,000 for property damage per incident.
Common Motorcycle Accident Injuries
Motorcycle accidents often cause severe, life-changing injuries. In some cases, they result in fatalities. Riders have almost no physical protection if they are in a crash.
Some of the most common motorcycle accident injuries include:
- Road rash, which is deep, painful abrasions that are caused by sliding across pavement
- Fractures to the legs, ribs, arms or collarbone
- Concussions and traumatic brain injuries
- Spinal cord injuries leading to chronic pain or paralysis
- Internal injuries, including damage to your internal organs or internal bleeding
Many victims of motorcycle accidents require intensive medical treatment that includes hospital stays, physical therapy and even lifelong care. There is not one single formula that can help you determine what your motorcycle injury case may be worth. By hiring a motorcycle collision attorney, they can evaluate your injuries, collect evidence and aggressively negotiate on your behalf for fair compensation.
Insurance Issues in Motorcycle Claims
The main thing with insurance companies is to remember that their goal is to protect their profit and offer you the smallest possible payout.
Some of the most common insurance company tactics used when minimizing motorcycle accident claims include:
- Questioning your injury severity
- Using your own words against you
- Claiming you are partially at fault
- Downplaying non-economic damages (like pain and emotional trauma)
Motorcyclists face unique biases. This includes unfair stereotypes of reckless driving practices, the increased severity of motorcycle-related injuries and the lack of physical protection that motorcycles offer riders. All of these issues can have you facing a difficult battle when trying to get a fair payout.
An experienced lawyer can see through these tactics and help you level the playing field. They can help you gather strong, fact-based evidence surrounding the incident and work with your medical providers to gather records linking your injuries to the crash. A motorcycle collision attorney can communicate with the adjusters for you to ensure you get a fair settlement.
Why Is It Important To Collect Evidence Early?
To improve your chances of filing a successful claim, it is important to gather your evidence immediately after your motorcycle accident. Memories fade, and evidence like road debris disappears quickly. Taking photos and videos right after an incident creates a visual record to counter future insurer claims.
Getting medical documentation right after an accident is important for linking your injuries to the incident. By collecting evidence soon after the accident, your motorcycle crash lawyer can effectively address insurer tactics and meet your filing deadlines.
Special Types of Motorcycle Claims
Motorcycle accident claims have specific legal challenges depending on the cause of the crash and who is at fault.
These types of claims include:
- Hit-and-run accidents – In hit-and-run cases, the at-fault driver flees the scene, leaving the injured motorcyclist to rely on their own insurance if the driver is not found.
- Drunk driving accidents – Accidents like these lead to criminal charges for the driver and facilitate the victim’s pursuit of economic, non-economic and punitive damages due to the driver’s recklessness.
- Distracted driving – Driving while distracted, such as texting or using a phone, is negligent. Proving distraction can be difficult, but it is possible with cell phone records and eyewitness testimony.
- Government liability for unsafe roads – Government entities are responsible for maintaining safe public roads. If a motorcycle accident occurs due to hazardous conditions (like potholes or debris), the government may be liable.
Some motorcycle accidents occur because of defective parts and product issues. If your motorcycle or gear fails due to a defect, you may have a claim against the manufacturer or parts supplier.
Compensation Available
If you’re a motorcycle accident victim, you may be entitled to various compensations.
These are categorized as follows:
- Economic damages – These are verifiable out-of-pocket costs from the crash, including medical expenses, property damage and lost wages.
- Non-economic damages – This includes subjective losses that are hard to quantify but impact quality of life (like pain, suffering and emotional distress).
- Property damage – Compensation for property damage reimburses the victim for repairing or replacing their motorcycle, protective gear and other belongings damaged in the crash.
- Loss of earning capacity – This refers to the loss of your long-term ability to earn money due to permanent disability as a result of the accident.
- Wrongful death damages – If a motorcyclist dies from injuries sustained in an accident, their family may file a wrongful death claim. This may help them receive compensation for medical costs, funeral bills, loss of financial support and loss of companionship.
Texas uses a modified comparative system, where factors like damage caps and the at-fault driver’s insurance affect settlement amounts. A motorcycle crash attorney can help you negotiate with the insurance company so that you receive a proper settlement.
The Legal Process
The legal process of filing a claim against an at-fault driver moves through several stages. It begins with initial contact and may end in a financial settlement or a court verdict.
Your first step is to contact your insurance company (and the other driver’s insurance company) right after the accident. The adjuster will investigate to assess fault. Then, your attorney will submit a demand package detailing damages and the compensation requested.
After review, the insurance company will respond with a settlement offer (often with a much lower amount). This begins a back-and-forth negotiation process. Most personal injury cases reach a resolution through a settlement.
When Are Lawsuits Necessary?
Litigation happens when negotiations stall, the offer is unreasonably low or there are complicated issues regarding fault. When a lawsuit is filed, the process shifts to the formal court system. This process involves an exchange of evidence, document requests and sworn testimony.
Mediation is a common step in the process where a neutral third party tries to facilitate an agreement before the case goes to trial. In most cases, a settlement is reached during this time.
Trials occur only if mediation fails and you’re unable to reach a settlement. At this point, a jury or judge will decide the outcome.
How Long Do Most Cases Take?
How long a case takes depends on how complex it is. Simple claims involving minor injuries and clear evidence of who is at fault may take only 3 to 6 months. More complex claims can take over a year to settle.
Why You Should Hire a Motorcycle Accident Lawyer
A lawyer does much more than just offer you legal advice. When you hire a motorcycle accident attorney, they take on every step of the claims process, including gathering evidence and handling difficult insurance companies. With no upfront costs, your lawyer will help ensure you receive the best possible outcome.
Get Help From Haney Paschal & Romoser for Your Motorcycle Accident
Motorcycle accidents are serious and complex. Without the right guidance, building a winning case can be stressful, costly and time-consuming. Early legal help leads to better outcomes in motorcycle accident cases. By contacting a motorcycle crash attorney for legal guidance, we can help you fully understand all your options and fight for the results you deserve.