Overview of Motorcycle Accident Laws in Texas
Understanding the laws that apply to motorcycle accidents in Texas can help you make informed decisions about your case. While our attorneys can handle all the legal aspects of your case, we take pride in empowering you with the knowledge needed to navigate this challenging time.
Determining fault in motorcycle accident cases plays a crucial role in the outcome of a claim. Understanding how liability is allocated can directly impact the compensation you may receive. Each state follows a system to determine fault.
Texas follows a modified comparative fault rule. Based on this system, if you’re found to be 51% or more at fault for an accident, you cannot recover any damages. If you’re found to be partially at fault but less than 51%, your damages will be reduced by your percentage of fault. The modified comparative fault rule benefits victims by allowing them to recover damages even if they share some degree of fault for the serious motorcycle accident.
Victims of motorcycle accidents have a limited time to initiate legal action. In Texas, the statute of limitations for most personal injury cases is two years from the date of the accident. This means that you must file your lawsuit within two years, or you will likely lose your right to seek compensation.
While two years may seem like a lot of time, delays in gathering evidence, negotiating with insurance companies, and determining liability can quickly consume that window. It’s best to get started with your insurance claim or lawsuit as soon as possible.
Unlike certain states, Texas operates under a fault-based insurance system rather than a “no-fault” system. This means that the driver found at fault for an accident is held accountable for covering the resulting damages and injuries. Determining fault typically involves assessments made by insurance companies and, in some cases, decisions rendered by the courts.
Several other laws may apply to your case. If you need specific legal guidance for your case, schedule your free consultation with one of our attorneys.
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What Makes Motorcycle Accident Cases So Challenging?
Motorcycle accidents are known to be challenges, and there are several reasons for this. Riders involved in such accidents often face bias. There’s an inherent bias against motorcyclists, as many people believe that bikers are irresponsible and engage in recklessness. If a judge, jury, or insurance adjuster has this bias, it’s more challenging to win the case and secure a favorable outcome.
The severity of injuries sustained in motorcycle accidents also adds to the complexity of these cases. As motorcyclists don’t have the protection of airbags, seatbelts, or the frame of a vehicle, they have a higher risk of injury in an accident. The high stakes of these injuries, including extensive medical bills and long-term care, make the claims process even more difficult.
Another challenge with such cases is collecting evidence. As the rider often needs emergency medical care, they may not be able to gather readily available evidence from the crash site.
A seasoned and skilled Texas personal injury lawyer can help you overcome the challenges. However, to fully benefit from having an attorney on your side, you need to engage them early in the process.
Common Motorcycle Accident Injuries And Consequences
Many motorcycle accidents result from human error or negligence. An alarmingly common cause is distracted driving, where drivers fail to notice motorcyclists due to distractions such as texting, using smartphones, or engaging with in-car systems. Many motorists or riders assume they can multitask without any safety issues, but research shows that even a slight distraction can be enough to cause a catastrophic accident.
Another common cause of motorcycle accidents is reckless driving, which includes aggressive lane changing, speeding, tailgating, and abrupt braking. Motorists sometimes don’t realize that motorcycles are capable of stopping much more quickly than other vehicles. If a motorcycle makes an abrupt stop, a driver who’s following too closely may collide with the back of the bike.
Not every motorcycle wreck involves another vehicle. Dangerous road conditions like uneven pavement, loose debris, potholes, or mechanical issues can make riders lose control. This can lead to them skidding, laying down their bikes, or crashing into objects at high speeds.
When it comes to the consequences of motorcycle accidents, unfortunately, many cases involve life-altering injuries. Riders may experience physical injuries ranging from fractures to traumatic brain injuries, neck injuries, or spinal cord damage. The emotional trauma of the accident can be just as bad, if not worse.
Victims may suffer from depression, anxiety, post-traumatic stress disorder, and other mental health conditions as a result of the accident. Financial repercussions can also add to the challenges. This includes medical bills, loss of earning capacity, and rehabilitation costs, which can place significant burdens on victims.
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Legal Rights of Motorcycle Accident Victims
The victims have the right to seek compensation for their losses from the party that was at fault for their suffering. However, the victims follow the law. This includes taking legal action within the statute of limitations. If the case has disputed liability, the victim must present evidence to prove fault.
Victims also have the right to hire a lawyer to help them handle the complicated process of dealing with insurance companies or going to court. If they’re unhappy with the settlement offered by an insurance company, they can file a personal injury lawsuit. They also have the right to gather evidence to support their case, such as police reports, witness accounts, and video footage.
What To Do After a Motorcycle Crash?
Being involved in a motorcycle crash can be disorienting, painful, and stressful. However, if you can take a few steps after the accident, it can help you protect your rights and ensure you have the evidence to support your claim. However, your first priority after the accident should be to ensure you seek medical attention. Even if you feel your motorcycle injuries are minor, you should get a medical check-up.
There are two reasons for this step. First, you get medical treatment for injuries, preventing any complications or worsening of the injuries. Secondly, you get a medical record of your injuries to use as evidence in your personal injury case.
Another crucial step is to gather evidence from the crash site, such as photos of your injuries and road conditions. Gather the contact information of witnesses who are willing to support your claim.. You should also report the accident to the police and obtain a copy of the official accident report.
If the motorcycle crash is covered by an insurance policy, you need to notify the insurance company about the accident. While the insurance provider may have reporting requirements, including a time frame, you want to be careful in what you share with them. You shouldn’t admit to being at fault or sharing any unnecessary information. The insurance may use the information you shared to undermine your case, resulting in a lower payout for you or denial of the claim.
Ideally, you want to get an experienced motorcycle accident attorney involved as soon as possible. An attorney can provide legal guidance, protect your rights, and help you navigate the complexities of insurance claims or potential lawsuits. They can also stop you from making mistakes that can weaken your case, such as not gathering important evidence from the crash site or sharing information with the police or insurance company that can hurt your case.
The Process of Filing a Motorcycle Accident Claim
Once you have taken care of all the immediate steps in the aftermath of a motorcycle accident, you can file a claim to seek compensation for your damages. Start by sharing the details of the accident with an attorney in your initial consultation.
The attorney will assess the strengths and weaknesses of your case and guide you on your best legal options. Once you hire an attorney, they can initiate the process of filing a claim. This involves submitting a detailed demand letter that outlines the damages you’re seeking.
The insurance company will review your claim. They can accept, deny, or enter into negotiations with you. They might assign an adjuster to your case. If the negotiations don’t yield a satisfactory offer, you can take the case to court. Filing a lawsuit initiates the litigation process, which includes discovery, pre-trial motions, and potentially a trial where both sides present their arguments.
What Compensation Is Available in Motorcycle Accident Cases?
Motorcycle accident victims can recover compensation for all damages directly caused by someone else’s negligence. This includes economic damages, such as medical expenses, lost wages, property damage, and future costs related to ongoing treatment or rehabilitation. Victims can also pursue non-economic damages for pain and suffering, emotional distress, and loss of quality of life.
Texas has caps on certain damages that can be awarded in personal injury cases. For example, there are caps on non-economic damages, such as pain and suffering, in medical malpractice cases.
Motorcycle accidents can cause long-term injuries and may require extensive medical care and rehabilitation. The expenses for such treatment and cases can add up to a substantial amount.
Our experienced attorneys can help determine what compensation you can expect from your case and ensure you secure the maximum damages. While you want to be realistic, you also don’t want to leave money on the table. Don’t be in a hurry to accept any settlement. You want to consider all your expenses, including past, present, and future costs, to ensure you get the compensation you deserve.
In some cases, you can receive punitive damages for your motorcycle accident. However, this is not as common. Punitive damages are reserved for cases that involve particularly egregious behavior or intentional misconduct by the at-fault party. These damages are meant to punish the wrongdoer and deter similar conduct in the future. In fatal motorcycle crashes, the surviving family members or other eligible parties may seek wrongful death compensation for their loss.
How Angel Reyes & Associates Can Assist in Getting Compensation
At Angel Reyes & Associates, we specialize in personal injury cases, including accidents that involve motorcycle crashes. Our legal team brings a wealth of expertise and experience to every case, guiding clients through the complexities of the legal system and working tirelessly to achieve the best possible outcomes.
We’ve helped motorcycle accident victims get justice, and we can use that experience to help you get the same. Every case that we take gets our full dedication and attention. Our client-centered approach is one of the reasons for our outstanding track record in personal injury claims.
Schedule a Consultation With Angel Reyes & Associates
When you’re ready to discuss your case with a skilled attorney, call Angel Reyes & Associates to schedule your free case evaluation.
Our dedicated team will guide you through every step of the process, ensuring you have the support and expertise you need. Let us fight for the compensation and justice you deserve for your motorcycle accident. Contact us to get started. We can be reached at any of our office locations.
