Texas Motorcycle Accident Lawyers

NHTSA recently reported data revealing common causes of motorcycle accidents:

• Speeding: Speeding contributed to 32 percent of motorcyclist fatalities, compared to only 18 percent for passenger car drivers.
• Head-on accidents: Front-end collisions accounted for over 75 percent of motorcycle crashes involving two vehicles.
• Crashes with fixed objects: Incidents where motorcycle riders crashed into non-moving objects accounted for 23 percent of deadly collisions.
• Left-turn crashes: In 42 percent of fatal motorcycle accidents involving another vehicle, the second vehicle turned left in front of the motorcycle.
• Driving under the influence: 28 percent of motorcyclists who died in accidents were alcohol-impaired. In single-vehicle crashes involving motorcyclists, alcohol contributed to 43 percent of deaths.

Motorcycle riders often suffer more serious injuries than people in passenger vehicles. Specifically, head and traumatic brain injuries can pose significant risks. NHTSA has offered information that supports the fact that helmets offer protection against brain injuries, and has estimated that helmets could be 37 percent effective in preventing fatal injuries.

Texas exempts people who are 21 years or older from wearing a helmet, if they satisfy state training requirements or have proof of medical insurance. However, in a recent year, 51 percent of motorcycle fatalities in the state involved motorcyclists without helmets. So, exempt riders should still choose to wear protective headgear. Look for a helmet that satisfies U.S. Department of Transportation safety standards, evidenced by a DOT label on the outside back of the helmet.

Motorcycle riders may also suffer injuries that range from road rash to broken bones. NHTSA recommends that motorcycle riders and passengers wear leather or heavy denim clothing to cover their arms and legs, as well as boots or shoes that cover their ankles. Gloves can provide better grip and hand protection.

To offset the inherent risks of operating a motorcycle, motorcyclists must often use defensive driving strategies.

The Texas Department of Public Safety publishes a Motorcycle Operator’s Manual with strategies that can help motorcyclists combat the unique hazards they face on the road:

• Avoid sharing lanes with cars, or riding between rows of moving or stopped cars. Pass other vehicles with care and stay within posted speed limits.
• Strategically select your lane position to maximize the chance that other vehicles on the road can see you. Pick a position that places you outside of other drivers’ blind spots, maximizes your line of vision, avoids roadway hazards, and provides an escape route with room for any necessary last-minute maneuvers.
• Leave at least a two-second following distance between you and the vehicle in front of you. Leaving space can give you more response time if you have to react quickly to avoid hazards.
• Be careful at curves and turns. If you try to navigate a curve or turn too quickly, you may cross into traffic, leave the road, or lose control of your motorcycle.
• Motorcycles may be especially vulnerable to hazardous road conditions, so travel carefully when you ride across uneven or slippery surfaces, pass over potholes, or travel across railroad tracks.

You could also improve the likelihood of visibility while on the road by riding with your headlights on, wearing bright colors, or adding reflective materials to your clothing or helmet.

Proper training and licensing could also help to prevent accidents. Texas requires motorcycle operators to take a safety training course and to obtain a Class M driver license. However, the state Department of Transportation and Texas A&M Transportation Institute report that 46 percent of motorcycle operator fatalities, in a recent year, involved unlicensed riders.

While the immediate aftermath of an accident may be chaotic, take the time to move to a safe place and assess yourself for injury. Seek or accept medical attention for injuries you have suffered. After attending to your safety, you can start directing your attention to other matters.

Unfortunately, other involved parties and law enforcement may jump to the conclusion that careless motorcycle riding triggered the accident. Therefore, it could be beneficial to create and preserve a record. Taking photos can help establish evidence of the accident scene, and may be useful in a lawsuit or insurance negotiations. While your memory is fresh, you may also want to jot down some notes in your phone. When you get the police report, check it against your notes and photos to help ensure that it accurately reflects the facts.

Limit your communications with other parties. Only exchange essentials like license, registration, and insurance information. Before you have consulted an attorney, it is best to avoid discussing the details of the accident with anyone, except to the extent that you must cooperate with law enforcement at the accident site.

Texas has a two-year statute of limitations for claims relating to personal injury. In other words, if you have a case, you must file a claim for the damages that you suffered from an accident within a period of two years from the date the accident took place.

Texas law outlines the damages you might recover in a motorcycle accident lawsuit.

You may claim compensatory damages in the form of both economic and noneconomic damages:

• Economic damages could help reimburse you for out-of-pocket expenses and losses. Perhaps you have incurred medical costs or have forfeited a paycheck during recovery. Economic damages might help you recover these costs and lost wages.
• Noneconomic damages could help compensate you for injuries that are not quantifiable off the bat. For example, you may suffer physical or emotional pain and suffering, loss of enjoyment of life, loss of companionship, or disfigurement. Non-economic damages could help assign some sort of value to these.

In some circumstances, you may also have a claim for exemplary damages. These damages are meant to penalize or punish the person who caused harm. This is, provided that you can show clear and convincing evidence that your injuries resulted from gross negligence, malice, or fraud. State law caps exemplary damages at the greater of (1)(a) double the economic damages awarded plus (b) noneconomic damages awarded, not to exceed $750,000, or (2) $200,000.

It may feel overwhelming to recover from motorcycle accident injuries while also trying to manage the accident investigation, handle insurance, assess potential damages claims, and take all steps necessary to pursue your rights before the statute of limitations expires. An experienced Texas motorcycle accident lawyer at George Salinas Injury Lawyers could partner with you to help preserve and act on your rights.