From Yamahas and Hondas to Suzukis and Ducatis, and let’s not forget the iconic Harley Davidson, the U.S. has a love affair with motorcycles. That’s not hyperbole but rather the takeaway from several studies, including one published by Statista, a trusted global data and business intelligence platform. It revealed that the U.S. is home to an estimated 9 million registered private and commercial-owned motorcycles. Texas alone has over 343,000.

With so many motorcycles sharing America’s roadways with cars, trucks, and SUVs, accidents between the two are not uncommon. According to the Texas Department of Transportation, in 2022, an estimated 2,422 motorcycle riders were seriously injured in crashes. Of those, around 562 lost their lives. The majority of these crashes were motorcycle-vehicle crashes. Across Texas, crashes involving motorcycles account for 12% of all traffic fatalities. While taking to the open road on two wheels is exhilarating, there are dangers associated with doing so.

Why Are Motorcycle-Vehicle Accidents So Prevalent in Texas?

Like in other states, motorcyclists are sometimes responsible for causing accidents on Texas roadways. That’s according to a 2021 study published by Forbes. It revealed that 34% of all motorcycle accidents nationwide stem from motorcyclists traveling at excessive speeds. The study went on to note that traveling at a high rate of speed increases stopping distance and decreases a rider’s ability to control their motorcycle.

Further, the above-average crash energy and crash force when a motorcyclist collides with a vehicle or another object, especially if they are not wearing a helmet, increases their chances of dying in an accident. Around 2,251 motorcycle accident fatalities reported in 2021 involved riders who were not wearing a helmet. On a side note, Texas law only mandates wearing helmet use for riders 20 and under. The percentage of motorcyclists aged 20 and older who wear a helmet falls below the national average for all riders, which studies show is around 65%.

In addition to speeding, riding under the influence also contributes to motorcycle accidents. Available data shows that an estimated 27% of all motorcycle accidents involve alcohol. Most of these alcohol-involved crashes occur at night, which makes sense since visibility is lower at night than during the day. According to the National Highway Traffic Safety Administration (NHTSA), accidents involving motorcycles are three times more likely to involve an impaired rider at night than during the day.

The Texas Department of Transportation Weighs In on Why Motorcycle-Vehicle Crashes Are Prevalent on Texas Roadways

While motorcyclists are to blame for some of the accidents they are involved in, drivers of cars, trucks, and SUVs also cause more than their fair share. In 2022, more than half of all fatal motorcycle crashes involved collisions with passenger vehicles. Those that were not fatal left motorcyclists with critical injuries. In a study published by the Texas Transportation Institute (TTI), researchers revealed that many motorcycle accident fatalities stem from drivers in passenger vehicles misjudging the distance and speed of a motorcycle and turning in front of the oncoming motorcyclist. That kind of misjudgment often leads to motorcyclists being severely injured or losing their lives. Other common factors that contribute to drivers of passenger vehicles colliding with motorcyclists include the following:

• Distracted driving
• Irresponsibly changing lanes and sideswiping a motorcycle
• Rear-ending a motorcycle
• Tailgating

Irrespective of what may have contributed to the accident, a motorcycle accident attorney can help individuals and their families determine if they should file a personal injury suit.

Common Injuries Associated With Motorcycle-Vehicle Accidents

One of the things a Texas motorcycle accident attorney will take into consideration when trying to decide whether or not to move forward with a personal injury lawsuit is the injuries their client sustained in the accident. Some of the most common injuries associated with motorcycle-vehicle accidents include the following:

• Fractured bones
• Gaping wounds
• Internal bleeding
• Loss of limbs
• Paralysis
• Road rash
• Traumatic brain injuries (TBIs)

Proving Another Party Was at Fault in a Motorcycle-Vehicle Accident Case

Along with injuries, determining if the driver of a car, truck, or SUV is at fault in a motorcycle-vehicle accident also plays a role when deciding whether or not to move forward with a personal injury lawsuit. And this is when it pays to have a motorbike accident lawyer in your corner. To prove another party was at fault in a motor vehicle accident, the motorcyclist and their attorney must show that the negligent or wrongful act of the driver caused the accident. That comes down to duty of care, breach of duty, causation, and loss.

If an injured motorcyclist and the motorcyle accident lawyer representing them fail to prove one or more of these elements, the other party will likely not be found negligent. Of course, to understand what these elements mean and how they can prove another party is at fault for a motorcycle-vehicle accident, we have to look at them individually.

Duty of Care

Texas law requires all individuals who operate vehicles to do so safely. This law is known as a duty of care, and drivers of passenger vehicles owe this duty of care to fellow motorists, including those traveling on motorcycles.

Breach of Duty

When the driver of a passenger vehicle fails to exercise a duty of care, it is considered a breach of duty. Examples of a breach of duty include the following:

• Changing lanes improperly
• Driving recklessly
• Failing to yield the right of way
• Not obeying traffic laws, signs, or signals
• Speeding
• Texting while driving

Causation

In short, causation entails proving a driver’s wrongful or negligent act contributed to the accident involving a motorcyclist and that the accident resulted in their injuries.

Damages

If a motorcyclist is involved in an accident caused by the driver of a passenger vehicle, they can file a compensation claim for damages that arise from that accident. Those damages can be related to medical expenses, loss of wages, and the expense of repairing or replacing their motorcycle. If the motorcyclist dies in the accident, their surviving family members can hire a motorcycle accident attorney to file a wrongful death lawsuit. Winning a wrongful death lawsuit would enable the family to receive compensation damages to help with the following:

• Embalming and cremation costs
• Funeral and burial expenses
• Loss of consortium and companionship
• Loss of income or financial support
• Final medical bills

Personal Injury: Trial vs. Settlement

If an individual and their motorbike accident attorney can prove breach of duty, causation, and loss, the next step is deciding whether to negotiate a settlement or proceed to trial. Several benefits come with settling a personal injury case instead of going to trial. According to most personal injury attorneys, settling a motorcycle-vehicle accident personal injury case is faster, more efficient, less stressful, and less expensive than going to trial. However, going to trial can lead to higher compensation for damages if an attorney and their motorcyclist client were to win a personal injury case. Of course, if they were to lose, they may receive a lower compensation or not be compensated at all.

How Attorneys in Huntsville, Texas Decide on a Settlement Amount in a Motorcycle Accident Personal Injury Case

Before negotiating a settlement with the insurance company of the driver of the passenger vehicle involved in a motorcycle-vehicle accident, a motorbike accident lawyer Huntsville, like lawyers in other cities in Texas, will look at several things. Some of those things include the extent of their client’s injuries and the type of insurance policy the other party had at the time of the accident. They will also look into how much compensation their client should receive for any mental, physical, and financial hardships they endured because of the accident.

Lastly, a motorcycle accident lawyer will have to determine whether or not their client was partially responsible for the accident they were involved in. That’s because the Texas Civil Practice and Remedies Code § 33.001 reduces a motorcyclist’s damages by their portion of fault in a motorcycle-vehicle accident. In other words, they will receive less compensation to help with medical expenses, the cost associated with repairing or replacing their motorcycle, and loss of wages if they are partly to blame for the accident.

What Is the Average Settlement for a Motorcycle Accident in Huntsville, Texas?

The average settlement for a motorcycle accident is around $200,000 in Huntsville, Texas, a far cry from the average $15,000 for most automobile accident settlements. There are several reasons why that is. Because they typically sustain injuries severe enough to require extended hospital stays and physical rehabilitation afterward, injured motorcyclists usually receive higher compensation to cover medical bills and loss of wages. The severity of their injuries also entitles them to receive higher compensation for pain, suffering, and emotional distress.

What To Consider Before Hiring a Motorcycle Accident Attorney Huntsville, Texas To Represent You in a Personal Injury Motorcycle-Vehicle Accident Case

Winning a personal injury case and receiving the compensation you deserve following a motorcycle-vehicle accident hinges on having the right attorney in your corner. That means looking for and eventually hiring a motorcyle accident lawyer Huntsville, for example, well-versed in negotiating motorcycle-vehicle accident settlements and taking a personal injury case to trial if push comes to shove. It is also good to look for and work with personal injury law firms that are detail-oriented and maintain open lines of communication. And don’t hesitate to pass on personal injury law firms with high contingency fees. For reference, a contingency fee is a payment structure between a lawyer and their client in which the attorney only gets paid if the client wins their case and receives compensation. Generally speaking, the contingency fee for personal injury attorneys in Texas is 33% to 40% of the final settlement amount.

In summary, when someone is involved in a motorcycle-vehicle accident in Huntsville, Texas, several factors dictate the settlement amount they will receive to make them whole again. Those factors include property damage, liability considerations, the insurance coverage of the parties involved, and more. When the proverbial dust settles, the average settlement amount is in the neighborhood of $200,000.