If a negligent driver, roadway defect or unsafe motorcycle part recently caused you to crash your motorcycle, contact The Law Firm of Aaron A. Herbert, P.C. In a free consultation, our Texas motorcycle accident lawyers will review the unique circumstances around your crash and the extent of injuries to determine if you have grounds for a personal injury lawsuit.
We can help you go up against at-fault parties and insurance companies in the fight for full compensation for your injuries and property damage.
Motorcycle accidents are extremely dangerous for riders and their passengers. They have little to no protection from injuries, unlike passenger vehicle occupants. Unfortunately, it is often passenger cars who cause motorcycle accidents.
Do I Need an Attorney After a Motorcycle Accident?
Unless you have a background in law, you should retain an attorney after a motorcycle accident. Arming yourself with a personal injury lawyer can make a big difference in the likelihood and amount of compensation you may receive for your crash. Insurance companies and even the civil court system tend to have biases against motorcyclists that result in smaller compensation awards.
At The Law Firm of Aaron A. Herbert, P.C, we can provide the following services to injured motorcycle accident victims in Texas:
- An overview of your rights as a motorcyclist in Texas.
- Sound advice about what actions to take next.
- Communications with insurance companies, hospitals, and bill collectors.
- Skilled insurance settlement negotiation.
- Drafting and filing of your claim within the statute of limitations.
- Legal representation during legal processes.
- Tenacious trial preparation and litigation in court, if necessary.
- 24/7 communication with you about your case.
Clients feel calmer, safer, and more confident after motorcycle accidents with our attorneys by their sides. Don’t take our word for it – our client testimonials speak for themselves. Past clients have thanked us for our “zealous client advocating,” for going “over and beyond” claim settlements, and for our “exceptional professionalism.” We truly do break the mold when it comes to personal injury representation, working day and night to get the best results possible. We take cases when other attorneys turn them down and passionately represent each client that comes to us for assistance. Don’t fight your motorcycle accident claim alone!
Motorcycle Injury Statistics/Texas Motorcycle Statistics
Our law firm stays up to date on the latest news, information, and statistics when it comes to traffic accidents. We like to stay informed about the state of the roadways in Texas, as well as let our clients know the most recent data. Thousands of motorcyclists traverse the roads in Texas every day, commuting to work in cities or simply enjoying the ride through some of the country’s most picturesque rural areas. Sadly, not all rides end well.
The following are some of the latest statistics on motorcycle accidents and injuries:
- In Texas, there are currently around 380,793 registered motorcycles.
- Nationally, motorcyclists had an injury rate of 1,028 per 100,000 registered vehicles in 2015. The fatality rate was 57.85.
- Around the country, motorcyclists traveled 19,606 million miles in 2015.
- In 2016, 496 motorcyclists (riders and passengers) died in traffic collisions in Texas. At the time of death, 53% of these motorcyclists were not wearing helmets.
- Statewide, the majority of fatal motorcycle accidents occurred on urban roads (292) as opposed to rural roads (205) in 2016.
Motorcycle accidents are more likely than other vehicle collisions to result in serious to fatal injuries. Alcohol use, speeding, and driver distraction are all major factors involved in motorcycle crashes in Texas. Although motorcycle helmets can greatly reduce the risk of fatal head injuries, they cannot guarantee one’s safety. It is up to other drivers to operate vehicles with caution to help prevent motorcycle crashes. Failure to do so is an act of negligence that could lead to an insurance claim or lawsuit.
Insurance Claims in Motorcycle Crashes
Texas is a “fault” insurance state, like the majority of states. This means accident victims will file insurance claims with the at-fault party’s insurer. Factors that could affect your motorcycle accident insurance claim include coverage amounts, medical records, accident documentation, and how soon you report the crash. Take swift action to report your crash to insurance companies to avoid missing an important deadline.
Steps to take when filing an insurance claim after a crash include:
- Gathering information. The more details about your crash you can record, the better. Your insurance company and that of the other driver will ask you how the crash happened, who suffered injuries, and the extent of property damage. Take photographs and document as much as possible.
- Go to the doctor right away. Delaying medical care for your accident-related injuries may not only affect your prognosis for healing, but it could also hurt your odds of recovering compensation. Insurance companies will look to see if you sought medical attention and obeyed doctors’ orders when determining recovery amounts.
- Call your insurance company. Call the phone number listed on your insurance card to report your crash to your insurer. Most insurance companies require prompt reporting “as soon as possible.” While this is a flexible deadline, waiting could run the risk of the insurance company denying your claim.
- Don’t talk to insurance claims adjusters. It’s very important to know where you stand with insurance adjusters who call you after a motorcycle crash. An adjuster’s goal is not to get you a fair settlement amount. It’s to get you to settle for as little as possible. Don’t record a statement with an adjuster or accept a fast settlement offer. Instead, call an attorney and ask for assistance negotiating your claim.
- Call an attorney. Handing your motorcycle accident insurance claim over to an experienced lawyer right from the beginning can help you avoid settling for less than your case is actually worth. Our firm will deal directly with insurance companies on your behalf, arguing to prove why you need the amount we request.
According to statistics from the Highway Loss Data Institute, “supersport motorcycles” have the highest number of accident-related insurance claims in the country. Speeding on a motorcycle could make you at least comparatively at fault for your crash, resulting in a smaller settlement amount. Texas is a modified comparative negligence state, meaning the courts will reduce your settlement or judgment award by your percentage of fault for the crash. Hire an attorney to maximize your odds of fair compensation in Texas.
Most Common Types of Motorcycle Crashes
Motorcycle design makes them inherently most susceptible to hazards that don’t phase larger motor vehicles. Bad weather, unsafe roadways, and motorcycle part defects can all risk the lives of motorcyclists. Learning the most frequent types of motorcycle accidents in Texas and why they happen can help you avoid becoming a victim. If you’ve already suffered injuries in such a crash, reading about the common types could open your eyes to potential third-party liability and legal opportunities.
The following are a few of the most common types of motorcycle wrecks that injure our clients at The Law Firm of Aaron A. Herbert, P.C:
- Speed-related. Speeding drivers cannot brake or maneuver as effectively as non-speeding drivers. Changing roadway conditions, such as abrupt traffic congestion, can be deadly when someone is speeding. Speeding motorists might rear-end or otherwise collide with unsuspecting motorcyclists, running a high risk of serious injuries and death. Always obey posted speed limits and keep a safe distance away from other drivers in the event that they choose to speed near you.
- Alcohol-related. In Texas, 987 people died from alcohol-related traffic accidents in 2016. Driving while intoxicated (DWI) is against the law in Texas, but that unfortunately doesn’t stop motorists from doing it anyway. Motorcycle crashes involving intoxicated drivers often prove catastrophic, as drunk drivers are more likely to speed and break roadway rules, such as running red lights and colliding with motorcyclists.
- Head-on collisions. The majority (78%) of fatal motorcycle accidents involve other vehicles striking the motorcycle from the front. Head-on motorcycle collision can occur when other drivers cut oncoming motorcyclists off when making turns, drift into oncoming traffic, or drive the wrong way. Head-on collisions often involve deadly injuries for motorcyclists.
- Left-hand turn accidents. Vehicles making left-hand turns put motorcyclists at high risk of serious accidents. The driver making the turn might not pay enough attention to the road, unknowingly pulling out in front of an oncoming motorcyclist. They might also misjudge the speed or distance of the motorcycle. In most cases, the driver of the vehicle making the left-hand turn will be liable for these accidents.
- Single-vehicle accidents. Sometimes motorcycle accidents don’t involve other drivers at all, but rather stem from unsafe roadways or defective vehicle parts. Potholes, slippery roads, dangerous weather, malfunctioning traffic lights, poorly designed streets, debris in the road, and many other things could cause single-vehicle motorcycle accidents in Texas.
During a free consultation with our Texas motorcycle accident attorneys, you can get to the bottom of who or what likely caused your crash. The defendant in your claim could be another driver, a part manufacturer, a property owner, the city, and/or other parties. More than one party might share fault for your crash and end up being jointly and severally liable to you for damages. Talk to a lawyer for more in-depth information about your specific Texas motorcycle accident.
Speak to a Lawyer About Your Texas Motorcycle Accident Today
At The Law Firm of Aaron A. Herbert, P.C, we care about Texas’ motorcyclists. We understand the nuances of these unique accident claims and can help injured victims or the family members of deceased loved ones pursue fair compensation. Our skilled negotiators and litigators can fight for greater compensation awards than you can by yourself, helping you achieve future financial stability. You could be eligible for recovery of your medical bills, pain and suffering, and more. Learn the potential value of your claim during a free consultation with one of our lawyers. Call (210) 435-7968 to schedule yours today.