Motorcyclists are 28 times more likely to die in an accident than people in passenger vehicles. While motorcyclists tend to be viewed as rash and dangerous, nothing can be farther from the truth. In reality, their injuries are often caused by the actions of other drivers.
Compared to other vehicles, motorcycles are small and exposed. As a result, motorcycle accidents tend to be much more severe than car accidents. If a loved one has been killed in an accident, reach out to our wrongful death attorneys in Austin to fight for your case.
Why Choose Shaw Cowart’s Austin Motorcycle Accident Attorneys?
We know that a motorcycle crash can change your life, drastically. It’s important to work with an experienced legal team who knows how to assess your damages so you can get what you’re owed. Our personal injury attorneys in Austin have a proven track record in helping our clients in personal injury cases in Austin. If you or a loved one has suffered injuries in a motorcycle accident, contact our law firm, Shaw Cowart LLP, for a complimentary case review. Call our motorcycle accident attorneys at 512-499-8900
Common Injuries in Motorcycle Accidents in Texas
The open-air design of a motorcycle makes riding through the scenic Texas countryside and along endless miles of coastline exhilarating. But that same unenclosed design that makes a ride so thrilling also leaves motorcycle riders vulnerable to very serious or even grave injuries in the event of an accident such as the following:
- Broken bones, including limbs, ribs, pelvis, and hip fractures
- Traumatic head injuries—even a helmet cannot protect against all head injuries since the brain may bump against the interior of the skull
- Back injuries
- Neck injuries
- Spinal cord injuries
- Severe abrasions (road rash)
- Internal injuries
- Opening a car door in front of an approaching motorcycle
- Rear-ending a motorcycle due to following too closely
- Making unsafe lane changes with a motorcycle nearby
These injuries are serious and can quickly become expensive. Some may be temporarily or permanently life-altering. Motorcycle accident victims need skilled representation by a compassionate attorney with experience navigating liability laws in Texas motorcycle accidents.
Common Causes of Motorcycle Accidents In Austin
Head-on collisions are the leading cause of motorcycle accidents, followed by cars making left-hand turns in front of motorcycles. Other top causes of motorcycle crashes include:
- Passing and overtaking
- Drunk driving
- Speeding
- Inclement weather
- Road hazards
- Pedestrians
Whether your collision is caused by another driver or an unforeseen circumstance, you may be wondering what to do next, especially if you’ve been catastrophically injured. Our experienced motorcycle accident lawyers will help you determine the best course of action to take when seeking reparations for your damages.
What to Do After a Motorcycle Accident in Texas
Motorcycle accidents leave riders extremely vulnerable to severe injuries due to the unenclosed nature of a motorcycle. If you’ve been injured in a motorcycle accident you may be able to do little other than wait in place for help to arrive. But if you’re able to use your phone it can become a helpful tool to protect yourself physically and financially after an accident. You could also hand the phone to an uninjured person and ask them to use it for you and then take the following important post-accident steps:
- Call 911 to report the accident and request an ambulance
- Quickly snap photos of the accident scene including your motorcycle, any other involved vehicles, and anything that contributed to the accident
- Snap photos of any visible injuries
- Add the contact information of the driver(s) involved in the accident
- Add the contact information of eyewitnesses to the accident
- Record your own statement of what happened while it’s fresh in your mind since trauma can cause you to forget details later
Once at the hospital, be sure to undergo a thorough evaluation and tell the doctor about all of your symptoms, even the minor ones. Ask for a detailed report of your injuries and prognosis. Then, be sure to follow all of your doctor’s orders and refrain from posting on social media until after you settle your accident claim.
Gather your medical report, medical bills, and a copy of the police report, and then call the Austin motorcycle accident attorneys at Shaw Cowart LLC for a free consultation so we can begin a strategy for your case.
Determining Fault in Austin Motorcycle Crashes
Similar to the cases our Austin bicycle accident lawyers handle, motorcycles are smaller and therefore less visible to other drivers, but that doesn’t absolve drivers who fail to notice and yield the right of way to riders. The driver who caused your accident can be held liable for your injuries if they engaged in negligent behaviors, such as not checking their mirrors or following too closely.
In some cases, another driver may not be the only party to blame. Depending on the cause of your crash, other at-fault parties may include:
- Motorcycle designer, manufacturer, or assembler
- Safety gear designer, manufacturer, or assembler
- Construction or road crews
In the case that your motorcycle or safety gear was defective, contact our product liability attorneys in Austin.
Our attorneys, such as our Austin pedestrian accident lawyers will conduct a thorough investigation of your collision to determine who is ultimately responsible for your injuries.
Proving Liability in Austin Motorcycle Accidents
Regardless of the cause of your motorcycle accident, proving liability is the key to a successful motorcycle accident claim. Whether the at-fault party was a careless driver, a road maintenance agency, or the manufacturer of failed or defective equipment, proving liability means showing the following:
- That the at-fault party owed a duty of care to you and others on the road to take reasonable measures to prevent injury
- That they failed in this duty by acting negligently
- That their negligence directly caused your injuries
- That you’ve suffered significant damages from the injuries
Your attorney will thoroughly investigate all aspects of your accident to determine the party at fault and the negligence that led to the accident. Then they will gather evidence to demonstrate liability. Once the evidence is clear, your Austin motorcycle accident attorney can make a compelling case to the appropriate insurance party to secure an ample settlement. Only in the rare case that a settlement agreement isn’t reached does a motorcycle accident claim proceed to a lawsuit in court. Your attorney from Shaw Cowart LLC is more than ready to litigate the matter in court if required to secure your settlement. A court award may take longer to obtain but they are typically higher than a settlement.
You and your attorney can discuss your options for obtaining a settlement or a jury award for your damages.
What If I Was Partly at Fault for My Austin Motorcycle Accident?
Texas is an at-fault insurance state where it matters who is responsible for an accident. The state’s comparative negligence laws also make it possible for injury victims to recover a portion of their financial losses even if they shared the blame in the accident as long as they were less than 50% at fault. For instance, if you’re found to have been 25% at fault for your motorcycle accident, you’ll receive $75,000 if your award for damages was $100,000.
If you feel that you might have been partly at fault for your motorcycle accident talk to your attorney about how to maximize the damages you can recover.
Damages in a Motorcycle Accident Case
The serious injuries often suffered by motorcycle accident victims can quickly become expensive. Medical bills continue to come in at the same time that you may be unable to return to work during your treatment and recovery. If your accident left you disabled, you may be facing a lower level of income in the future. That’s why a successful motorcycle accident claim in Austin can be the key to improving your future outcome. Your claim could bring compensation for damages including:
- Medical expenses and any future medical costs related to the injury
- Lost income
- Lowered earning capacity due to disability
- Pain and suffering
- Diminished life quality, disfigurement, and trauma if any of these non-economic damages apply to your case
While monetary compensation cannot erase your pain, it can open doors to better medical care and provide a financial cushion while you focus on recovery to the best possible extent.
No-Contact Motorcycle Accidents In Austin
Did you know that a crash can happen even if you don’t hit another vehicle? Known as a no-contact accident, these crashes occur when a rider hits the brakes or lays down their bike in order to avoid a collision.
If you were involved in a no-contact motorcycle accident, the other driver can still be held liable for their negligence. Examples of negligent actions include careless, aggressive, and reckless behaviors, such as:
- Changing lanes without signaling
- Running red lights
- Tailgating
- Not checking blind spots
- Texting and driving
- Exceeding posted speed limits
Holding a negligent driver at fault in a no-contact accident can prove difficult. If the driver is not aware they caused your injuries, they will likely leave the scene.
Our Austin accident attorneys can help you prove that another driver’s negligent actions caused you to swerve, fall off, or lay down your bike, resulting in injuries. They will work with you, any witnesses, and law enforcement to locate and prosecute the at-fault driver.
Texas Motorcycle Helmet Laws
All Texas riders under age 21 are required to wear a helmet when operating a motorcycle. Motorcyclists over age 21 can only ride without a helmet if they’ve completed a motorcycle operator training and safety course AND are covered by an applicable health insurance plan.
While you may be exempt from helmet laws, you should never ride without one. Serious head injuries are one of the most common injuries associated with motorcycle accidents, and a helmet can reduce your risk of head injury by 69 percent. A helmet also reduces your risk of death by 37 percent.
Safety Tips for Motorcyclists
Almost all motorcycle crashes involve riders who are self-taught. Before using your bike, consider investing in professional training.
In Texas, all riders must attend a basic training course before they can receive their motorcycle license. The Texas Department of Public Safety also offers intermediate, advanced and specialized training courses to riders who want to expedite the licensing process and bolster their safety knowledge.
Motorcycle Accident FAQ
The days and weeks after a serious motorcycle accident in Austin can feel bewildering. Injury victims and their family members have many questions about the motorcyclist’s physical and financial recovery. Some answers to the most frequently asked questions about motorcycle accidents in Texas can help victims and their loved ones navigate the compensation claim process.
Do Insurance Companies Discriminate Against Motorcyclists?
Insurance companies commonly portray motorcycle riders as irresponsible or reckless and may assign an undue percentage of blame to a motorcyclist after an accident. This tactic allows them to reduce the amount of the injury victim’s compensation by their percentage of “fault.” They may question their policyholder’s liability, dispute claims for medical treatment, and offer early, low-ball settlements before the victim knows the full extent of their damages. Motorcycle accident victims who don’t have tough legal counsel can fall prey to these and other insurance company tactics used against them.
How Long Do I Have to File a Motorcycle Accident Claim in Texas?
Like all states, Texas has a time limit in place for motorcycle accident lawsuits. Most motorcycle accident claims are resolved with a settlement but if the insurance company fails to offer an acceptable settlement amount, you may choose to pursue a lawsuit in court. A petition must be filed within the state’s two-year statute of limitations for personal injury lawsuits or else a court will not hear the case.
A few exceptions exist to this time limit. For instance, if an accident victim is unconscious or incapacitated after the accident they have up to two years from the date they recover cognitive ability. Minors have up to two years after the date of their 18th birthday to file a claim. In reasonable cases of delayed discovery of an injury, the court may extend the statute of limitations for two years after the discovery date.
How Long Will It Be Until I Recover Compensation for My Motorcycle Accident Claim?
No two claims are alike, depending on the complexity of the case. If the case requires an in-depth investigation to prove liability or to resolve disputed aspects of the claim, this phase of the process could take months. After the investigation process, the attorney begins negotiating with the insurance company to achieve the highest settlement possible. Most cases take from 6 months to several years.
Do I Have to Go to Court to Recover Compensation for a Texas Motorcycle Accident Claim?
Nearly 95% of motorcycle accident cases and other personal injury claims in Texas end with a settlement from the insurance company after negotiations between the victim’s attorney and the insurance company. In a minority of cases, the insurance company consistently undervalues the claim during negotiations, disputes aspects of the claim, unnecessarily delays action, or wrongfully denies the case outright. When an insurance company doesn’t offer an ample settlement for damages, the injury victim and their attorney may file a lawsuit and take the case to court. If this happens, your attorney will ensure that you are well-prepared for the process.
What Is an Average Settlement for a Motorcycle Accident Claim In Texas?
No two settlements or court awards for motorcycle accident damages are the same, since the total amount available to an accident victim depends on the specifics of their case, such as the cost of their medical treatment, how much work they missed, and whether or not the injury caused permanent disability. Although your settlement could be far more or substantially less depending on your damages, the average settlement amount for a Texas motorcycle accident claim is $200,000.
How Does Contingency-Based Payment Work When I Hire a Motorcycle Accident Attorney?
Most personal injury attorneys—including motorcycle accident lawyers—do not charge injury victims upfront fees. Instead, they give free initial consultations during which they evaluate the merits of the case. Then, they go to work gathering evidence, documenting proof of liability, and calculating damages to maximize the compensation available to their client—all without payment. Payment is contingent upon the attorney obtaining compensation for their client through a settlement or in court. Then they take their fee from the compensation. This benefits the client because they don’t pay at all if the attorney doesn’t succeed in their case. Also, contingency payment incentivizes the attorney to seek the most compensation possible so the injury victim typically comes out ahead of what they would have recovered without an attorney even after the attorney subtracts their fee.
How Much Does a Motorcycle Accident Lawyer In Texas Charge?
Personal injury lawyers typically charge between 30-40% of the compensation they recover for their client as their fee. It’s important to ask about the fees before you begin so it’s clear what you will be charged and when the attorney charges. For instance, is it 30% of the total compensation or the amount after subtracting court costs?
How Soon Should I File My Motorcycle Accident Claim?
The timing of your case is important, and something your attorney can help you with. Because navigating this system with an optimal chance of success takes time, and in the end, you may need to file a lawsuit within the state’s two-year statute of limitations, it’s best to begin working on a claim soon after the accident. However, your attorney may wish to wait until you have the full picture of your damages. It’s important to know how much your total medical expenses will cost, including any scheduled surgeries or rehabilitation, how much income you’ll lose, and whether or not your injuries caused disability.
Can I Recover the Full Cost of My Motorcycle After an Accident?
If the motorist who caused the accident only carries the minimum insurance coverage in Texas, you can recover up to $25,000 in property damage for repairs to your motorcycle or to replace it. Depending on the cause of your accident, you could recover more. For instance, if the accident was the result of a defective motorcycle or motorcycle part, you could recover compensation through a defective product claim against the manufacturer. Similarly, if your accident resulted from a road hazard, you could recover additional compensation for property damage against a city or state road maintenance agency.
Is It True That I Can’t Recover Compensation for Medical Costs If I Wasn’t Wearing a Helmet In a Motorcycle Accident?
It is still possible to recover compensation for your medical expenses after a motorcycle accident even if you weren’t wearing a helmet, but depending on your type of injury, failing to protect yourself with a helmet may reduce the amount of compensation you recover under proportionate responsibility. In Texas, you may only recover compensation if you are less than 51% at fault. If your injury was a traumatic brain injury, Austin brain injury victims may be unable to recover your medical expenses. If your injury was a pelvic fracture, then your lack of a helmet isn’t relevant. If a driver was at fault for the accident you could still recover compensation.
Call Out Motorcycle Accident Lawyers in Austin Today
At Shaw Cowart LLP, our Austin motorcycle accident lawyers are here for you. We will do everything in our power to help you recover the compensation you deserve. Call us at 512-499-8900 today for your free case consultation or contact us here and we’ll help set up your appointment.