Catastrophic injuries are common in motorcycle accidents. After all, motorcycles lack the protection of a cushioned space enclosed in steel and safety features such as seatbelts, airbags, and headrests. Riders and passengers are exposed and vulnerable. In fact, more than 1,800 motorcycle riders sustained serious injuries in accidents in 2020. More than 400 others were killed.
If you have been injured while riding a motorcycle, or if a loved one has been incapacitated or killed, you have incurred damages such as medical or funeral expenses, loss of income, and pain and suffering. If these damages were caused by the negligence of someone else, you have the right to take action to hold them financially accountable.
At Hildebrand & Wilson, LLP, we help motorcycle accident victims and their families in Pearland, Houston, Dallas, Austin, San Antonio, and Corpus Christi, Texas pursue compensation for their losses by holding others accountable for their negligence. We have been handling personal injury claims and litigating cases in court for more than 30 years.
Reach out to us at Hildebrand & Wilson, LLP today to schedule a free consultation.
Texas Laws Regarding Motorcycle Safety
Operators of motorcycles in Texas must comply with all the same laws as drivers of other vehicles, but there are a few laws that apply specifically to motorcycles.
Lane splitting — driving between lanes of traffic when other vehicles are slowing or stopped — is illegal. If you are injured while splitting lanes, you will be held responsible for your own accident.
Riders under the age of 21 are required to wear helmets under Texas law. While riders aged 21 and older are not, they must either complete a motorcycle safety course or purchase at least $10,000 in health insurance coverage for medical expenses.
Motorcycle riders are also required to have minimum bodily injury liability insurance coverage of $30,000 per person and $60,000 per accident, plus at least $25,000 in property damage coverage.
GET HELP AFTER YOUR ACCIDENT
Determining Fault in Motorcycle Accidents
Texas is an “at-fault” state. This means that the person determined to be at fault for causing a crash is also responsible for any resulting bodily injury claims and property damage. More than one party may be assigned fault under the state’s modified comparative negligence theory. The bodily injury claim of any party may be reduced by their assigned share of fault.
For example, if a motorcycle rider is determined to have been 20% responsible for a crash and a car driver is found to have been 80% at fault, the motorcycle rider’s settlement will be reduced by their percentage of fault. A $100,000 settlement would be reduced to $80,000.
Any party found to be more than 50% at fault is not allowed to pursue damages under Texas law.
What to Do If Your Loved One Has
Been Injured in a Motorcycle Accident
If your spouse or loved one was incapacitated in a motorcycle crash, you can file a personal injury claim on their behalf.
As an example, if your spouse suffered a serious head injury in the crash that renders them incapable of making decisions, holding a job, or even taking care of normal daily activities, a personal injury attorney can help you file a personal injury claim. Some of the damages you could seek compensation for are immediate and future medical expenses, loss of income, pain and suffering, and significant mental anguish.
If your loved one was killed, you can file a wrongful death claim. In Texas, a surviving spouse, children, and/or parents may file claims against someone whose negligence caused their loved one’s death. You could seek compensation for damages including medical and funeral expenses, loss of income, and loss of consortium and guidance.
Establishing the negligence of the other party is critical to your ability to recover damages on behalf of your loved one. When a motorcycle is involved in a crash, there is often an assumption that the rider was at fault. Insurance companies will take advantage of this stereotype and attempt to prove that the motorcycle rider was more than 50% at fault so they can deny a personal injury or wrongful death claim.
Trust a Skilled Team of Personal Injury Attorneys
Establishing fault on the part of the other driver is critical to your ability to pursue a claim. Although this can often be a challenging task, an experienced personal injury attorney can help. Your attorney knows how to thoroughly investigate the circumstances of the crash. This may require the services of an accident reconstructionist and/or medical experts to document injuries or a cause of death. Your attorney should be an experienced and aggressive negotiator because insurance companies want to deny your claim. As your legal representation, your attorney can also present a compelling case to a judge and jury.
MOTORCYCLE ACCIDENT ATTORNEYS SERVING PEARLAND, TEXAS
If you have been injured in a motorcycle accident or a loved one incapacitated or killed, call us at Hildebrand & Wilson, LLP to schedule a consultation. Our experience allows us to proudly serve our clients in Pearland, Houston, Dallas, Austin, San Antonio, and Corpus Christi, Texas. Time is short and consultations are free so don’t delay. Call our office today to find out how we can help you seek justice!