How Common are Motorcycle Accidents in Texas?
There are more car accidents than motorcycle accidents, but that’s only because there are a lot more cars. Motorcyclists are much more likely to be hurt or killed in traffic. According to the Texas Department of Transportation (TXDOT), hundreds of motorcyclists die on Texas roads each year–about one motorcycle death every 16 hours. Thousands are injured, including more than 2,400 serious injuries in 2022.
Liability for Motorcycle Accident Injuries and Death
Most motorcycle wrecks are avoidable. In other words, they happen because someone did something wrong. Sometimes, it’s the motorcyclist who makes a serious mistake. About 25% of motorcycle fatalities are single-vehicle accidents. Often, though, a negligent driver causes the crash.
A driver is generally responsible for a motorcyclist’s injuries if:
- They had a responsibility to be careful, such as to be alert to others on the road,
- They didn’t live up to that responsibility, such as reading a text while driving,
- The negligence caused the motorcycle crash, and
- The motorcycle crash caused your injuries and other losses
The same types of negligence that cause other motor vehicle collisions can cause a motorcycle accident. For instance, a car may hit a motorcycle or cause a motorcyclist to crash if the driver:
- Is driving under the influence of drugs or alcohol
- Is distracted by a text message, phone call, or anything that takes their attention from the road
- Speeds or drives too fast for conditions
- Follows too close
- Fails to signal a turn or lane change
- Runs a red light or stop sign
Another threat to motorcyclists on the road is inattentional blindness. In simple terms, a driver focused on something else may not see an unexpected object right in front of them. Research has shown that people are twice as likely to miss seeing a motorcycle than they are a larger vehicle like a taxi cab. This type of inattention can happen even when the driver’s eyes are on the road.
Damages in a Texas Motorcycle Crash Case
Every Texas personal injury case is different. The best way to find out what kind of compensation you may receive is to talk to an experienced Texas motorcycle accident lawyer. Some common types of damages include:
- Compensation for income you lost because you couldn’t work after your injury
- Compensation for medical care you needed because of the accident
- Compensation for anticipated future medical care and lost income
- Compensation for pain and suffering
If your case goes to trial, you will have to prove all of your damages. You will also have to prove that the accident caused those losses. That’s why the motorcycle accident attorneys on the I Just Got Hit (Godsey Law Firm, P.C.) team go straight to work gathering evidence and working with experts to build your case.
First Steps after a Motorcycle Crash
Serious injuries are common in motorcycle accidents. That means you may not have had a chance to do everything on this list right away. If some of these steps have slipped through the cracks, your motorcycle accident lawyer may be able to fill the gaps. But, some things are in your hands.
If you’re able, the first things you should do after a motorcycle wreck are:
- Check yourself for injuries and don’t take any risks if you think you are injured
- Call 911 to report the accident and get help
- Check to see whether anyone else is injured and needs help
- Exchange insurance information with the other driver
- If possible, take pictures of the scene, your motorcycle and the other vehicle
- Let emergency responders check you out at the scene if you hurt at all
After you leave the scene, you should get checked out at an emergency room or by your doctor as soon as possible. You may not know right away that you’re injured. But, waiting to see if you feel better in a day or two can be a big mistake. If you are hurt and don’t get treatment right away, your injuries could get worse. That could mean a longer recovery time, or even permanent damage.
You can also hurt your case by waiting. If you don’t get diagnosed right after the accident, the insurance company may claim the crash didn’t cause your injury. And, they may argue that you made your injuries worse by delaying medical care.
Handling the Insurance Company after a Motorcycle Crash
If the driver who hit you was insured, you’ll hear from their insurance company shortly after the accident. It may seem like a routine part of the process to give them a statement, but it can backfire. The reps will probably be friendly and supportive on the phone, but they are not there to help you. Their job is to keep as much of the insurance company’s money as possible.
The safest way to handle the insurance company is to avoid talking to them. Your motorcycle accident attorney can do that for you.
Starting Your Motorcycle Accident Claim
In Texas, you have two years to file most motorcycle accident claims. But, that doesn’t mean you should wait. Hiring a personal injury lawyer right away allows you to skip talking to the insurance company. Your attorney can start a claim for you.
It’s also a good idea to consult a motorcycle accident lawyer right away because:
- Some cases, like claims against a city, have much shorter timelines
- Evidence may be lost if your attorney gets a late start on the case
- Witnesses may not have clear memories after months or a year plus
- Your attorney can advise you on how to protect your claim
- A delayed start can mean you wait longer for compensation
If you’ve been injured or lost a loved one in a motorcycle accident, the best time to contact an attorney is now.
What Our Clients Say
Talk to a Godsey Law Firm Motorcycle Accident Lawyer
When you’ve been seriously injured or have lost a loved one, it’s important to have the right lawyer. The I Just Got Hit team has extensive experience with motorcycle accident cases and other complex personal injury cases. We also share a common goal of making our clients’ lives better. We are ready, willing, and highly qualified to take your motorcycle accident case to trial if that’s the best path for you.
We know how important it is for you to speak with an experienced motorcycle accident attorney as soon as possible after your accident. We want to make that as easy as possible for you. So, your initial consultation is always free. We’ll meet with you in one of our offices or come to you. And, there’s never a charge until we get compensation for you. Just click below to get started.
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Texas Motorcycle Accident FAQs
Motorcycles are different from cars in two very important ways. First, motorcycles are much smaller than most vehicles on the road. That’s obvious, but the impact of that difference may not be. Studies have shown that drivers are less likely to see a motorcycle than another type of vehicle. That increases the risk of a motorcyclist being hit by a car.
Drivers and passengers in other motor vehicles have many layers of protection. They have seatbelts, air bags, and the outer structure of the vehicle. Motorcyclists are fully exposed. They may be thrown from the bike, or come in direct contact with a vehicle weighing thousands of pounds. And, motorcycles are less stable, meaning that a pothole or grass clippings on the road or other hazard that is minor for a passenger vehicle may cause a serious motorcycle crash.
Some of the dangers associated with motorcycles, such as lower visibility and lack of protection for the rider, apply to all motorcycles. But supersport riders are about four times as likely to die in a crash. While these bikes are faster than standard motorcycles, other factors may affect the high rate of serious crashes with supersport motorcycles. These include the fact that they are often chosen by younger, less experienced riders. Speed plays a role in a significant percentage of supersport fatalities.
A motorcycle helmet isn’t a foolproof source of protection. However, studies have shown that wearing a helmet can substantially reduce the chances of a serious head injury or death. In Texas, a motorcyclist over the age of 21 is not required to wear a helmet if they have qualifying medical insurance or have completed a motorcycle safety course. Still, failure to wear appropriate protective gear increases the likelihood of serious or fatal injury.
Under Texas law, a person (or entity) who is negligent is typically responsible for the harm they cause. In motorcycle accident cases, that’s often a driver who was speeding, texting, or otherwise not following traffic safety regulations. But there are other possible responsible parties. The best way to find out who may be legally responsible for your injuries and other losses after a motorcycle crash is to talk to an experienced Texas motorcycle accident lawyer right away.
The time limit to file a motorcycle accident lawsuit or other negligence-based injury case in Texas is typically two years from the date of the accident. However, there are some exceptions, so it’s important to consult a local injury lawyer as soon as possible after the crash.
There are also other advantages to talking to a motorcycle accident lawyer right away, including better access to evidence and the opportunity to get witness statements while memories are fresh.
A lawyer who is experienced with Texas motorcycle crash cases can help you in many ways, from helping to identify possible responsible parties to collecting evidence, working with experts to build your case, providing a buffer between you and unscrupulous insurance company tactics and more.
When you put your claim in the hands of an I Just Got Hit (Godsey Martin) motorcycle accident lawyer, you can relax and focus on your recovery while we fight for fair compensation.
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