Motorcyclists are nearly 28 times as likely to die in a traffic accident than drivers who operate cars and trucks. One dies on the road every day in Texas, on average. In fact, in 2019, there were 1,800 motorcycle injuries, and Austin accounted for one of the highest numbers of fatal motorcycle crashes. Let’s take a closer look at some of the common issues relating to motorcycle accidents and how to hold negligent parties responsible for causing your injuries.
DRIVER RELATED ACCIDENTS
Speeding, reckless driving, texting while driving, failing to signal lane changes, and driving under the influence are commonplace reasons why a driver causes an accident, whether that driver is operating a car or motorcycle. In fact, one in five crashes involves distracted driving – taking attention away from driving by texting, talking on the phone, eating, and drinking.
Many times, motorcycle accidents are caused by a driver that did not see the motorcyclist when the driver was turning left in front of the motorcyclist. Another commonplace scenario is where a motorcyclist could have been driving in between lanes containing vehicles, known as lane-splitting.
USED OR DEFECTIVE MOTORCYCLE PARTS & EQUIPMENT
It is possible that the motorcycle accident was precipitated by a bad motorcycle. Just like with cars, motorcycles can break down and experience brake problems, tire punctures, fuel problems, issues with belts and chains, and other body damage. Sometimes, the motorcycle could have been a defective product altogether.
HAZARDS DUE TO FAILED GOVERNMENT REPAIRS
Not surprisingly, the government is responsible for repairing and maintaining our roads. Motorcycle accidents could be caused by a pothole or a road without clear lanes or signs. They could also be caused by flooding or wet roads exacerbated by a failed drain system.
COMMON TYPES OF INJURIES
Common injuries from motorcycle accidents include broken bones, brain injuries, spinal cord injuries, lacerations, strains, and sprains. Notably, the risk of a traumatic brain injury is significantly higher without the use of a motorcycle helmet than with one. Spinal cord injuries could cause partial or complete paralysis among a host of other problems including pain, loss of range in motion, and overall weakness. And other soft tissue injuries could result in damage to muscles, ligaments, and tendons, and in some cases result in a range of motion problems, scarring, and even disfigurement.
BRINGING A LAWSUIT BECAUSE OF A MOTORCYCLE ACCIDENT
The driver of the vehicle that caused the motorcycle accident could be sued for negligence. This means that the at-fault driver was careless or reckless, which resulted in the accident. In Texas, drivers owe a duty of care to other drivers, which means that they must obey the law and act safely on the road to minimize the risks of harming others. When a driver does not take reasonable care in operating their vehicle, this breach of duty could result in your injuries or damages, resulting in liability for the driver. However, the driver might argue that you were at fault or that your injuries were preexisting.
Drivers are not the only ones who face liability for causing motorcycle accidents. It is possible for other parties including the motorcyclists to be responsible depending on the facts of each case. For example, if the driver who caused your accident was using a company vehicle in the course of doing his job, it is possible to hold the driver’s employer responsible. In Texas, employers are generally liable for the negligence of their employees. Employers can also be liable for negligent hiring and supervision of their employees. Moreover, the government agencies who are responsible for repairing and protecting the roadways could bear responsibility for causing your accident if they created or fostered dangerous road conditions.
WHAT ARE TEXAS INSURANCE REQUIREMENTS?
If your injuries were caused by another driver’s actions, then you could file a claim with their insurance company. Typically, a claim is opened with the insurance company for the driver who is at fault. The insurance company may be interested in settling your matter quickly to avoid the time and expense of the case going to trial. Even still, they might lowball you and attempt to diminish the value of your case. Further, they may argue that you were also at fault or that your injuries were pre-existing.
Critically, Texas law does not require drivers to have much insurance coverage for accidents. Specifically, as of 2020, Texas law only requires you to have $30,000.00 in coverage for an injured person, $60,000.00 for the entire accident, and $25,000.00 in property damage, otherwise known as 30/60/25. Even if the insurance company pays your claim up to the maximum amount of coverage, it might not be enough to compensate you for your injuries and damages resulting from the accident.
AUSTIN, TEXAS MOTORCYCLE ACCIDENT ATTORNEYS YOU CAN TRUST
If you were involved in a motorcycle accident, be sure to accumulate as much evidence as you can about it. This includes the driver’s information, photos of the scene, information from witnesses, and the conditions at the scene such as the weather and any road hazards. You may also want to keep ample notes about your injuries and how the motorcycle accident has affected your life.
Being injured in a motorcycle accident in Texas is bad enough. Taking on an insurance company and the other driver without adequate representation from an experienced personal injury attorney could make things go from bad to worse. You do not want to do something that jeopardizes the value of your case.
The trial lawyers at Glen Larson Law Injury Attorneys have extensive expertise in fighting for victims of motorcycle accidents. We can thoroughly investigate the facts of your case, determine the liability pertaining to your injuries, and aggressively pursue all remedies against those responsible to obtain the highest settlement value for you.