There are many elements to making a successful claim; your expert motorcycle accident lawyer is there to help.
Many people in Texas love their motorbikes and the unrivaled sense of freedom they give them when they’re out on the roads enjoying themselves in our wonderful climate. But while motorbike enthusiasts love their vehicles, they’re also aware of the risks involved in getting around this way. Some may tell you that motorbikes are no more dangerous than other vehicles, like cars and trucks, but the reality is that if you come off your bike, there’s not much to protect you from harm, even if you’re fully kitted out in safety gear.
Deaths due to motorbike accidents in Texas are, in fact, up. The Texas Department of Transportation reported that last year, despite the pandemic and lockdowns, the state saw an alarming 17% increase in the number of motorcycle deaths compared to the previous year. These tragic figures show that an average of one motorcyclist loses their life on Texas roads each year and that in 2020, the fatality count was 482 people, and 1,856 bikers were left with serious injuries.
If you’re unfortunate to be among the injury toll, you may be dealing with injuries while at the same time asking such questions as, “How much compensation will I get for my motorbike accident?” Maybe you’ve already had initial discussions with a motorcycle accident lawyer to make a claim. In this post, we will look at motorbike accidents in Texas and how to get the most financial compensation for what happened to you.
Motorcycle Crash Causes and Types of Injuries
According to the state authorities, most motorcycle accidents in Texas happen between May and October, when the weather is best for outdoor activities. And the figures show that the biggest cause of collisions with motorbikes is drivers of cars and trucks not realizing the speed and distance of the bike in front of them, making left turns at intersections, and colliding with them. Drivers not paying attention to what’s ahead of them and the relatively small size of motorcycles are cited as other major reasons for crashes.
Speed is also a contributing factor to motorcycle accidents, whether it’s on the part of the biker or driver of another vehicle — or both — and curves present unique obstacles and challenges for those on motorcycles and are also responsible for crashes, official figures show.
Whatever the cause of a motorcycle crash, the event can be devastating and life-altering — especially if a rider is not wearing a helmet and there’s resultant brain trauma. In Texas, not everyone is legally required to wear a motorcycle helmet while on the road, as exceptions may be granted to those over 21. However, the authorities recommend that everyone wear a helmet while riding a motorcycle due to the obvious dangers should riders come off their bikes.
Along with head injuries, common motorcycle accidents can result in injuries that include:
- Broken bones
- Spinal cord injuries
- Limb amputations
- Facial fractures
- Road rash.
Most of these injuries are extremely serious and may even be life-threatening. Medical treatment may include multiple surgeries, and the road to recovery may be long, challenging, and expensive — all the more so if you’re no longer able to work and lose your job. If this is the case, you need the most compensation you can get for your motorbike accident.
Preparing Your Case with an Expert Motorcycle Accident Lawyer
You have the best chance of winning your case and getting the maximum compensation for what happened to you with the help of experienced motorcycle accident lawyers. Here in Texas, most work on a contingency fee basis, which means you don’t have to come up with the cash to pay a personal injury lawyer upfront because they’ll take a fee from your compensation payout. This is also beneficial to you, as it means they have to work extra hard to make sure your claim succeeds.
Your motorcycle accident lawyer will start by discussing your case and seeing what its merits are — is it strong enough to hold up, and is there a good chance of success? You will have to prove you were the innocent party and that a driver caused your crash. It’s also possible entities like local authorities might be culpable if a poorly maintained road, traffic lights, or signs were the reason for the crash. Or, if there was a defective part in your motorcycle that was the cause, your motorcycle accident lawyer would look at suing either the manufacturer or their parts supplier.
If you’ve been badly injured in your motorcycle accident and are still in the hospital or recuperating at home, you won’t be able to do much in the way of collecting the evidence that’s needed to support your claim. Your motorcycle accident lawyer will therefore do it for you. They will contact the police and get a report about what happened — assuming someone called them and they attended the scene. If they weren’t present for some reason, your lawyer will file a crash report with the Texas Department of Transportation.
A medical report will also form a major part of your motorbike accident claim, and so your lawyer will discuss your injuries with your doctor and get a report that details what happened to you, the extent of your injuries, and what treatment you are receiving. If it’s likely that you will need medical care and rehabilitation well into the future, it will also be included in the report, along with projected costs that your accident claim will seek to cover.
You can add other related expenses, such as medical aids and equipment you might need and alterations to your home so that you’re able to use it in a disabled state, for instance. And if you don’t currently have an income due to your inability to work and keep your job, a letter from your employer stating this will help recover costs for current and future earnings.
Negotiating a Compensation Package with Other Parties
If the at-fault party or entity that caused your motorcycle accident has an insurance policy — which they most likely will have, as it’s required under the law — your motorcycle accident lawyer will contact them. They will also present your case and evidence and start discussions about a financial settlement for your injuries. This is not always easy because insurance companies are typically reluctant to pay compensation if they can get away with it.
If the evidence is overwhelming that you didn’t cause the crash and the other party is definitely at fault, the insurance company may make you an initial offer. It’s almost certainly bound to be low, and, in consultation with your motorcycle accident lawyer, you may want to reject it and continue with negotiations. If you can’t reach an agreement on a settlement and talks fail, it may be time to head to court.
Preparing for trial is often a lengthy, complex, and expensive undertaking. Your lawyer may want to arrange for experts to testify — whether about the accident, your injuries, or both — and it can be daunting for you to appear before a judge and jury. You need an experienced motorcycle accident lawyer to prepare for your day in court and to present your case in a highly convincing way — leaving no doubt that the other party was at fault and that you are entitled to compensation.
As for how much compensation to expect for your motorbike accident, it will depend on all the aspects of your claim mentioned here, as well as any ongoing pain, trauma, and suffering you may be enduring. It could be in the tens of thousands of dollars, or a lot more. But you can be sure your motorcycle accident lawyer will fight to get you the maximum compensation possible.
Wondering how much compensation you will get for a motorbike accident you were involved in? Find out with a free consultation from our expert motorcycle accident lawyers now.