Motorcycle Accident Injuries + Compensation

Zooming through Texas highways and roadways on a motorcycle can be thrilling for passionate riders. Unfortunately, this often comes with an added risk of motorcycle accidents, with Texas roads witnessing numerous motorcycle accidents each year that range from mild to severe in intensity.

While the leading cause of motorcycle accidents is failure to yield on the motorists’ part, there are several instances where larger vehicles neither see nor identify bikers on the road and cause crashes. Motorcycle accidents can also stem from distracted driving, speeding, reckless driving, inexperience, and intoxication.

In the aftermath of a motorbike accident, it is important to do two things: prioritize your physical health and recovery, and determine if you may be able to pursue compensation. If you or your loved one was injured in a motorcycle crash, talk to a local attorney who can help you identify your legal options and whether you have a viable motorcycle accident injury claim.

I Was Injured in a Motorcycle Accident. What Should I Do Next?

Texas witnesses a large number of motorcycle accidents each year. According to the Texas Department of Transportation, there were 562 recorded motorcycle fatalities in 2022. If you were injured in a motorbike crash, then your next steps are crucial to prioritize your safety and get possible compensation in a lawsuit.

Call 911 or Reach Out to Local Police

First, evaluate your surroundings to see if anyone is in immediate danger or seriously injured. If that’s the case, then call 911.

Under Texas state law, you need to file a police report for an accident that resulted in an injury to a person, a fatality, or property damage exceeding $1,000. However, it is good practice to report all accidents to the local police who can document the accident, investigate the cause, and maintain relevant evidence.

Exchange Information With The Other Driver or Pedestrian as well as Nearby Witnesses

Once you’ve alerted the police, you can exchange contact and insurance information with the other driver or pedestrian, as well as speak to nearby witnesses who may have seen the accident and can help in case of a motorcycle accident lawsuit. Keep your interactions limited to collecting crucial information and do not admit to any fault or post anything on social media regarding the accident.

Document the Accident Site and Other Key Evidence

If you can, it’s a good idea to start documenting the scene of the accident right after a motorbike crash. This includes taking photographs of your motorcycle, the other vehicle, and any other details you think might help prove what happened. If you notice any nearby vehicles with dash cams, then consider asking them to share their footage.

Get a Head-to-Toe Assessment at An Urgent Care Center

After a motorcycle crash, you should get a thorough medical exam to help diagnose any hidden injuries and get treated for them immediately. If you are unsure of who to go to, an experienced local lawyer in your area may be able to help direct you to a doctor, chiropractor, or similar health professionals in their network of professionals. Keep all copies of your diagnostic reports, medical bills, prescription medication bills, and other expenses.

Speak to a Mental Health Expert

A motorcycle accident can be a traumatic experience for the rider and their loved ones. If you are experiencing post-traumatic stress disorder (PTSD) symptoms like flashbacks, anxiety, and more, a mental health professional can help you unpack your trauma and figure out healthy coping mechanisms.

Document Your Losses on a Regular Basis

Next, you’ll want to consider your overall losses. Always keep records of the repair estimates for your motorcycle, medical bills and expenses related to the crash, and other wage cuts that you suffer from missing time off work. You can also request a letter from your employer that documents how your injuries have led to your inability to work. Additionally, maintaining a journal recording the status of your health and whether you are able to participate in normal activities can help if you file a personal injury lawsuit in the future.

Get in Touch with a Texas Motorcycle Accident Injury Lawyer

If your losses are adding up, then your best move is to get in touch with a Texas motorcycle accident lawyer. You can rely on an attorney’s experience and knowledge to help you better understand your legal options. A Texas motorcycle accident injury lawyer can help identify the degree of responsibility of either or multiple parties, as well as help document your losses and represent your interests during settlement negotiations or trial.

Common Motorcycle Accident Injuries

Motorcyclists are particularly vulnerable to sustaining severe injuries from collisions due to the degree of bodily exposure they have on the road. While bikers can and should wear helmets and other safety gear, they don’t have the same level of protection as passengers inside larger vehicles who have seat belts, car doors, or other car parts to take on the brunt of a crash.

Here are some of the most commonly injured areas of the body after a motorcycle accident:

• Head: Head injuries are very common in motorcycle accidents, particularly when someone is not wearing a helmet. Traumatic brain injuries (TBIs) can happen when a biker gets thrown from their motorcycle and hits the ground or when an object pierces their skull.
• Spine: The spinal cord is made up of nerves and nerve endings that transport messages to and from the body’s brain and other parts. A spinal cord injury can seriously impact a person’s quality of life and ability to work.
• Face and Neck: Neck and face injuries are often the result of getting thrown from the motorcycle due to the impact of a crash. This type of injury can lead to permanent scarring of the face, which could impact a person’s quality of life.
• Thorax: The thorax is an area of the chest that can be heavily impacted by a motorcycle crash, and lead to broken ribs or fractures. This can cause significant pain and difficulty breathing.
• Upper Extremity: Upper extremity injuries after a motorcycle crash can include things like shoulder injuries, torn rotator cuffs, broken arms, fractured elbows, and nerve damage. These serious injuries can result in long-term recovery periods.
• Lower Extremity: Lower extremity injuries may include ankle or knee injuries, tears to ligaments or muscles, broken legs, or damage to the soft tissue in the lower part of the body. A lower extremity injury from a motorcycle crash can lead to permanent disability in certain cases.
• Abdomen: Abdominal injuries can cause life-threatening organ damage. If you’re experiencing signs or symptoms of an abdominal injury, then it’s important to get a medical checkup immediately to prevent further damage.
• Other Injuries: Other common injuries from motorcycle accidents include road rash, burns, injuries to the teeth or jawbone, and more. Since some injuries have delayed symptoms, it’s best to get a full body checkup done to rule out any serious damage.
• Death: Apart from the above, many motorcycle accidents in Texas also lead to fatal injuries. On top of grief, the surviving loved ones often experience a windfall of financial losses, such as burial costs, funeral expenses, loss of financial support, pain and suffering, and more. A successful wrongful death lawsuit can help compensate grieving families for these losses.

Who Can Compensate Me for Motorcycle Accident Injuries?

In Texas, everyone on the road assumes a duty of care toward all other motorists and pedestrians. When a driver fails to uphold that duty of care by acting negligently and causing a crash, they can be held legally and financially responsible for the losses incurred by the victim.

Under Texas’ modified comparative negligence standard, injured motorcycle accident survivors can pursue a claim for compensation as long as they were no more than 50% at fault for the accident. Under this standard, the amount of compensation available to the injured biker will be reduced based on their respective percentage of fault. So, only when the motorcyclist is 0% at fault, they will get 100% of their motorcycle injury claim.

What Evidence is Required to Prove a Texas Motorcycle Accident Injury?

Since the negligence standard in Texas is very clear, you might think that your accident claim could be just as straightforward. Unfortunately, that’s rarely the case. The responsible party likely won’t agree to pay your damages unless you can provide enough evidence to substantiate your claim. Such evidence can be in the form of video footage, witness statements, accident reconstruction reports, or more. You’ll also need to prove the extent of your losses with evidence like repair estimates, medical bills, and income statements from your employer.

A Texas motorcycle accident attorney can help you gather evidence and prepare your case as well as assist you in a negotiation with the other side’s insurance company. Apart from the cause of the accident and the degree of losses suffered, they will also identify preventative measures taken to prevent or mitigate losses, such as the use of a helmet and other protective gear, bike maintenance, and adherence to traffic laws.

How Long Does a Motorcycle Accident Lawsuit Take?

In some cases, a motorcycle accident lawsuit can take more than a year to resolve when losses are extensive, evidence is hard to secure, or the other party is fighting each and every claim. On the flip side, a motorcycle case could be resolved in less than a year if fault is clear and the other side is cooperative. Hiring a skilled accident attorney well-versed in the local laws and regulations can make a lot of difference in ensuring you get your motorcycle accident claim resolved as soon as quickly as possible.

Motorcycle Accident Compensation: What to Expect

If you’re struggling with financial expenses after an accident, then you may be tempted to avoid hiring a lawyer because you don’t want to pay even more money. Here’s some good news for you: Many motorcycle accident attorneys, including those at DFW Injury Lawyers, work on a contingency fee agreement basis. This means you won’t have to pay anything to your lawyer until you receive a settlement check from the at-fault party.

What is the Average Settlement for a Motorcycle Accident?

The motorcycle accident compensation you’re eligible to receive will be based on the extent of your losses. That said, the right motorcycle accident law firm can help you secure a settlement that accurately reflects your losses. While no one can guarantee a positive outcome, it can help to check your attorney’s past success to get a fair idea of their track record.

How Can DFW Injury Lawyers Help Me After a Motorcycle Crash?

A motorcycle accident lawyer at DFW Injury Lawyers can help you go over the merits of your case, investigate your crash, collect relevant evidence, communicate and negotiate with other parties, and file the right paperwork on time.

Our accident attorneys will work directly with you from start to finish, and will prepare for a potential trial from day one. Their advice and legal strategy will be based on your situation and goals, which means you never have to worry about being left in the dark or being sidelined in your own lawsuit.

We have been practicing personal injury law for years in North Texas, and have in-depth knowledge of the kind of tactics used by defendants, insurance companies, and others in denying fault or counter-suing the plaintiff for negligence. We also do not charge any fees until you secure a winning verdict or out-of-court settlement offer.

Hurt in a Motorcycle Accident? Contact Our Texas Motorcycle Accident Lawyers Today

Obtaining motorcycle accident compensation after a crash isn’t always easy. The responsible party has an incentive to push blame onto you, challenge your compensation claim, and use every trick up their sleeve to minimize their financial liability. This is why you must ensure you have the right legal representation to build up your case and fight for you every step of the way.

Schedule a meeting with our office now to discuss your situation in more detail with our Texas motorcycle accident lawyers.