Texas Motorcycle Accidents Attorney

Texas is a dangerous place for motorcycle riders. With more than 22 million registered vehicles in the state, motorcyclists must share the road with larger cars and trucks, including semis and 18-wheelers. Drivers can easily injure motorcyclists when they are distracted, are not looking for smaller motorcycles, or fail to give motorcyclists adequate space. Even when a motorcyclist takes every precaution, such as wearing a helmet and avoiding lane splitting, they can still suffer major injuries or even death when struck by a larger vehicle.

Despite serious injuries, insurance companies often attempt to avoid a full payout. Other drivers may try to shift the blame to the motorcyclist. There are many obstacles motorcyclists and their loved ones face, even while dealing with injuries and losses. The motorcycle accident attorney at Dibrell Graham Law understands the difficulties injury victims must overcome. We have the experience and compassion to guide victims and their families through each step, with the goal of maximizing recovery and holding negligent drivers responsible for their actions.

Common motorcycle accident injuries

Cars and trucks dominate the roads and highways. In comparison, motorcycles are smaller than most vehicles and unprotected. Because of this, motorcycle riders may suffer more serious injuries than other motorists. In fact, there were 29 times more motorcyclist fatalities than car fatalities recorded in 2019. Injuries can range from relatively minor, such as scrapes and bruises, to serious head injuries or even death.

Some of the most common types of collision injuries include:

• Traumatic brain injury or concussion
• Spinal cord injuries, including neck and back injuries
• Chest injuries, including broken ribs
• Injuries to internal organs, including internal bleeding and punctured organs
• Broken limbs
• Disfigurement
• Soft tissue damage, such as serious whiplash

Motorcycle injuries may result in expensive medical bills while reducing the rider’s ability to earn an income. Whether from short term time off work to recover, or long-lasting medical care, injuries can seriously impact motorcyclists’ lives. It is important to seek compensation from negligent drivers who cause serious motorcycle accidents to ensure the injured victim or surviving family members get the full compensation to which they are entitled.

Common causes of motorcycle accidents

In Texas, an average of one motorcyclist dies in a roadway accident each day. The most common cause by more than half is from collisions with other vehicles. This is why the Texas Department of Transportation (DOT) instituted a campaign called “Share the Road: Look Twice for Motorcycles.” Still, there were more than 2,300 injured riders and more than 500 deaths due to motorcycle accidents in Texas in 2021, the most recent year with data. There are many factors that contribute to causing motorcycle collisions. Some of the most typical include:

• Vehicle drivers don’t see smaller motorcycles
• Drivers misjudge the distance of motorcycles
• Drivers misjudge motorcycle speed
• Distracted driving
• Driving under the influence
• Speeding
• Failure to use signals
• Drivers crowded motorcyclists or following too closely
• Traffic congestion
• Lane splitting
• Dangerous road conditions, including inadequate signage

While motorcycle accidents can happen anywhere, the most frequent location for collisions is in intersections. Motorcyclists face the possibility that larger vehicles will fail to see them, with motorists often turning left into oncoming motorcycles.

Intersections aren’t the only place where motorcyclists are in danger, however. Drivers may strike a motorcycle anywhere, from opening their door into oncoming traffic without looking, to speeding down a freeway. Some common types of motorcycle accidents include:

• Intersection collisions
• Side-swipe accidents
• Rear end collisions
• Head on collisions
• Left turn accidents
• Guardrail accidents
• Lane change accidents

What compensation can I receive from a motorcycle accident claim?

When a motorcyclist is in an accident, there are two main types of compensation that may be recovered: economic damages and non-economic damages. Economic damages are actual monetary losses, such as hospital bills. Non-economic damages are injuries that cannot be determined by bills, expenses, or financial losses.

Texas injury law provides that injured parties may recover compensation for all economic damages resulting from the accident, including:

• Medical expenses and long-term care
• Property damages
• Loss of income, wages, or earning capacity
• Loss of inheritance
• Additional expenses such as childcare or transportation costs

Injured motorcyclists or their families may also recover damages that are non-economic, such as:

• Physical pain and suffering
• Mental or emotional pain or anguish
• Loss of consortium
• Disfigurement or physical impairment
• Loss of companionship and society
• Inconvenience
• Loss of enjoyment of life
• Injury to reputation
• All other non pecuniary losses

Punitive damages may also be available in cases where there is proof there was gross negligence or malice beyond any ordinary negligence.

Texas uses a form of liability called proportionate responsibility to determine an accident victim’s compensation. This means that even if a motorcyclist is partially at fault, such as for speeding, they may still be able to recover a portion of their losses. Speaking to a knowledgeable motorcycle accidents attorney is the best way to understand a victim’s options and rights to compensation.

How long do I have to file a motorcycle accident claim?

Under the Texas statute of limitations, a claim for personal injury or wrongful death must be filed within two years, although there are limited exceptions. For personal injury, a lawsuit must be filed within two years of the day after the accident. In the case of wrongful death, surviving family members have two years from the time of death.

It is never wise to delay filing for personal injury or wrongful death. Discussing a motorcycle accident with a qualified personal injury attorney as soon as possible is the best way to protect the injured party’s rights and maximize compensation.

Compassionate personal injury attorney resolving motorcycle accidents in Texas

Motorcycle accidents can be complicated, from dealing with insurance companies to navigating contributory negligence to holding negligent parties accountable. The right attorney handles each aspect of a claim, guiding injured parties or their families through the steps of recovery and seeking full compensation for harm. Contact the experienced Texas motorcycle accident attorney at Dibrell Graham Law to learn more about your rights and options after a motorcycle injury.