For many Texans, motorcycles are a way of life. Unfortunately, so are motorcycle accident injuries. While freedom and danger are certainly part of the appeal, riders should still understand the risks involved and have a contingency plan in the event of an accident, including consulting with an experienced and proven Fort Worth motorcycle accident lawyer.
Studies from the National Highway Traffic and Safety Administration reveal that motorcycle fatalities are 29 times more common than passenger-car occupant fatalities in traffic accidents. In 2022, 562 motorcycle riders in Texas were killed, and 2,422 were seriously injured in crashes.
More than half of the fatal motorcycle crashes resulted in collisions with other vehicles. Vehicle drivers often say they did not see the motorcycle rider or misjudged their distance or speed.
A personal injury claim can help injured motorcycle riders. Serious injuries, head injuries, catastrophic injuries, and the future medical expenses that await in a motorcycle accident case are startling.
If you or a family member suffered injuries in a motorcycle accident, or if you lost a loved one in a fatal motorcycle crash, contact one of the experienced motorcycle accident lawyers at the Francis Law Firm for a free consultation.
You may seek compensation for injuries and damages through a motorcycle accident claim.
Why Is Motorcycle Riding So Risky?
Cars are much heavier, have at least four wheels, and enclose the occupants in a metal frame. In a collision, a motorcycle rider has none of these protections.
In addition to lacking stability and a barrier between the rider and the road, other aspects make motorcycling uniquely dangerous.
Less Visibility to Cars
Motorcycles are much smaller than cars. They may be concealed by other objects on the road. For this reason, lane sharing, or weaving between cars, is especially hazardous.
Road Hazards
Automobile drivers don't have to worry about many environmental hazards as much as motorcyclists do. These include debris falling off trucks, potholes, uneven road surfaces, and wet or icy road conditions.
Skill Level and Difficulty
Riding a motorcycle is more technical than driving an automobile, even a stick-shift. For this reason, new riders and unlicensed riders account for many of the motorcycle accidents and fatalities in Texas each year.
Risky Behavior
Power and fast acceleration are naturally a part of motorcycle and speed bike culture. Unfortunately, so is riding without a helmet.
Fortunately, motorcycle riders in Texas can protect themselves by taking a motorcycle safety course, remaining vigilant to other drivers' blind spots, properly maintaining their vehicle, and avoiding road hazards.
Most importantly, riding with a motorcycle helmet reduces the risk of severe injury. In the event of an accident, riders can protect themselves and their loved ones by possessing adequate uninsured and underinsured motorist coverage.
Consult a knowledgeable Fort Worth motorcycle accident attorney to review your case during a free consultation.
Do I Have to Wear a Helmet In Texas?
Under Texas law, riders under 21 must wear a motorcycle helmet when riding or operating a motorcycle.
Riders 21 and over may elect to go without a helmet if they first obtain certification through a motorcycle operator training course with the Department of Motor Vehicles or demonstrate that they have sufficient health insurance in the event of an accident.
Texas law requires riders to keep a copy of their insurance card while operating a motorcycle.
What Are Common Causes of Motorcycle Accidents in Texas?
Motorcycle accidents can result from environmental conditions or driver error. A personal injury lawsuit of some kind usually follows.
Some of the more common causes include:
- Speeding,
- Driving under the influence,
- Merging into an occupied lane,
- Cutting someone off,
- Road rage,
- Reckless driving,
- Rolling through a stop sign or red light,
- Product defects,
- Failing to maintain roadways, and
- Distracted driving.
Regardless of the cause, it's advisable to consult with an experienced motorcycle accident attorney following your accident.
Who Can Be at Fault in a Motorcycle Accident?
Determining fault after a motorcycle accident is crucial. In some accidents, the motorcyclist may have been partially responsible for the accident or made their injuries worse by not wearing a helmet.
An experienced Fort Worth personal injury lawyer can help investigate your case, determine the causes of the accident, and identify the responsible parties.
These parties frequently include:
- The other driver;
- The other driver's employer (if they were on the clock at the time of the accident);
- A liquor store or bar that served alcohol to a visually impaired customer or underage minor;
- A negligent motorcycle mechanic;
- A motorcycle manufacturer of a defective product; or
- A municipality that negligently maintains its roads or signage.
Sometimes, a manufacturing or design defect in the motorcycle causes an accident. These defects typically include faulty brake pads and handlebars, ruptured fuel tanks, and engine malfunctions.
An injured motorcyclist bringing a lawsuit must show that the motorcycle or component part was defective when it left the manufacturer's control and that the defect caused the accident.
It may be appropriate to bring a lawsuit against multiple parties. If a motorcyclist is injured by faulty brake pads, they may have a claim against both the manufacturer and the mechanic who sold and installed them.
An experienced Fort Worth motorcycle accident lawyer can evaluate your circumstances and determine the appropriate parties to name in your lawsuit.
What Kinds of Damages Can I Recover in a Fort Worth Motorcycle Accident Lawsuit?
Fort Worth Motorcycle accident victims are not guaranteed to recover compensation, even if someone else's negligence caused their injuries. If damages are awarded, the amount varies depending on the injuries, the severity of their impact, and other factors.
Damages for personal injury claims in Fort Worth fall into three general categories: economic, non-economic, and punitive or exemplary damages.
Economic Damages
Economic damage awards provide compensation for financial losses that occurred as a result of the motorcycle crash and may include medical bills for:
- Emergency room healthcare, including ambulance services
- Past, present, and future doctor appointments
- In-patient hospital care
- Pharmaceutical expenses
- Surgeries
- Physical therapy
- Other medical expenses
Economic damages also can include:
- Lost wages
- Lost income
- Loss of earning capacity.
Non-Economic Damages
Non-economic damages can be more difficult to prove because they involve injuries that are intangible and difficult to evaluate. Examples of non-economic damages in motorcycle accident claims include:
- Pain and suffering
- Mental anguish
- Scars or disfigurement
- Post-traumatic stress disorder (PTSD)
- Loss of companionship
Punitive Damages
In rare cases, a court may award punitive damages. These damages punish the defendant for egregious conduct by making them an example to other would-be wrongdoers. They may apply in drunk driving cases and other scenarios where a defendant acted intentionally or with reckless disregard for the safety of others.
Common Motorcycle Wreck Injuries and Fatality Rates
Motorcycle accidents can result in some of the most severe and life-threatening injuries seen on the road. Without the protection of a vehicle's metal frame, airbags, and other safety features, riders are exposed to the full force of impact during a collision. This vulnerability often leads to catastrophic injuries that can prove fatal.
Head trauma is one of the most common and deadly injuries in motorcycle accidents. Even when wearing a helmet, riders can suffer skull fractures, brain bleeding, and traumatic brain injuries (TBI) that cause permanent cognitive impairment, personality changes, and physical disabilities. These injuries often occur when a rider is thrown from their bike and hits their head on the pavement or another hard surface.
Spinal cord injuries are another frequent and devastating outcome of motorcycle crashes. The sudden, violent twisting and bending of the spine can cause vertebrae to fracture, discs to rupture, and the delicate nerves of the spinal cord to be bruised, torn, or severed.
Depending on the location and severity of the damage, riders may experience partial or complete paralysis below the site of the injury, as well as loss of sensation, bladder and bowel control issues, and chronic pain.
Chest and abdominal injuries are also common in motorcycle accidents and can be fatal if not treated promptly. Blunt force trauma from handlebars, debris, or other objects can cause broken ribs, collapsed lungs, ruptured spleens, and internal bleeding. These injuries can lead to respiratory failure, sepsis, and other life-threatening complications.
Limb injuries, such as fractures, dislocations, and degloving (where skin is torn away from underlying tissue), are another major concern in motorcycle accidents. While not always fatal, these injuries can cause permanent disfigurement, chronic pain, and reduced mobility that drastically impacts a rider's quality of life.
The severity of motorcycle accident injuries often stems from the unique dynamics of these crashes. Riders are frequently thrown from their bikes at high speeds, colliding with the ground, vehicles, or stationary objects.
This ejection exposes them to secondary impacts and increases the risk of being run over by other vehicles. Moreover, the lack of a protective chassis means that riders absorb the full energy of the collision, leading to more severe injuries than passenger vehicle occupants might experience in a similar crash.
The life-altering consequences of these injuries underscore the critical importance of motorcycle safety gear, defensive riding techniques, and awareness among all road users.
Do I Have a Wrongful Death Claim?
A wrongful death claim is a legal action that can be brought when someone dies as a result of the negligent, reckless, or deliberate actions of another person or entity. It provides compensation for the survivors who have suffered damage from the death of their loved ones.
Wrongful death claims are a crucial aspect of tort law, allowing for financial recovery to the deceased's estate and close relatives or dependents for the losses they have incurred due to the untimely death.
Families who have lost a loved one in a motorcycle accident that was not the rider's fault may be eligible to file a wrongful death action against the person or entity responsible.
Spouses, children, dependents, or parents and other family members may recover funeral and burial expenses, loss of financial support, loss of consortium, and other damages in a wrongful death claim.
Many motorcycle accident victims do not realize the full extent and value of their damages or what they could be compensated for.
Discuss your case with an experienced personal injury lawyer who understands the full financial compensation you deserve.
Do I Need a Fort Worth Motorcycle Accident Lawyer for My Case?
Sometimes, both the driver of an automobile and the motorcyclist are partially responsible for an accident resulting in personal injury and property damage. In these situations, the driver of the automobile may assert a comparative negligence defense.
If successful, the amount of the plaintiff's recovery will be reduced by an amount that represents the motorcyclist's own fault.
For example, if a jury awards $100,000 to a plaintiff but determines they are 25% responsible for their own injury, the award will be reduced to $75,000.
Note that in Texas, a court will deny any recovery to the plaintiff if they are more than 50% responsible for their injuries in an accident.
Should I File a Police Report After a Motorcycle Crash?
Even if you don't believe you're hurt, you must contact the police and insist the investigating officer file a report immediately after a motorcycle crash. Many times, if the injured party does not require an ambulance, police departments will try to balk at preparing a report.
Injuries may not be immediately discoverable until days or months later. As such, if you have any doubts about your health after a collision, the safest decision is to accept an ambulance.
The cost of the ambulance and emergency room will be part of and support the value of your claim.
Insurance carriers and courts rely on a police report prepared at the accident scene to help determine liability and damage claims from motorcycle accident victims.
When Should I Contact a Fort Worth Motorcycle Accident Attorney?
If you believe you may have been hurt in a motorcycle accident due to another person's negligence, you should contact an experienced Fort Worth motorcycle accident attorney.
Typically, you will file a claim through the at-fault party's insurance policy. However, insurance companies are notorious for trying to keep as much money in their own pocket as possible. An insurance company may contest who was really at fault or make you a settlement offer that is far less than the amount to which you are entitled.
A knowledgeable and skilled Fort Worth motorcycle accident lawyer can help you find the highest quality medical care and pursue what you are rightfully owed. They will calculate the actual value of your injuries and other damages, negotiate for a just personal injury settlement, and, if necessary, zealously represent you against the insurance company in court.
The earlier you contact a Fort Worth motorcycle accident attorney, the greater your chances of success. Critical evidence and eyewitnesses disappear quickly after an accident.
Call an experienced Fort Worth motorcycle accident lawyer as soon as possible to protect your rights.
How Much Does a Fort Worth Motorcycle Accident Attorney Cost?
It is natural for accident victims and their families to worry about the cost of quality legal representation. The experienced Fort Worth motorcycle accident attorneys at The Francis Law Firm work on a contingency fee basis. This means we don't earn a dime unless your case is successful.
Furthermore, with an experienced attorney on your side, the value of your claim typically increases much more than the amount of the contingency fee.
This means you not only have an experienced lawyer to handle your claim and help you get medical care but will also recover more money in your pocket than you would have to handle the claim on your own.
Trust Experienced Fort Worth Motorcycle Attorneys Who Will Fight For You
If you or someone you love has suffered a personal injury as the result of a motorcycle accident that wasn't their fault, call the seasoned Fort Worth personal injury lawyers at the Francis Law Firm. We serve clients in Fort Worth and surrounding areas.
Insurance companies begin preparing for court immediately. You should, too. We are a personal injury law firm you can trust.
When a negligent driver causes a motorcycle accident, the consequences for the rider can be devastating. Motorcyclists are particularly vulnerable on the road, and even a minor collision can result in serious injuries that have long-lasting effects on their health, finances, and quality of life.
If you or a loved one has been involved in a motorcycle accident caused by another person's reckless or careless actions, you must work with an experienced motorcycle injury lawyer who can help you navigate the complex legal process and fight for the compensation you deserve.
In a motorcycle injury case, your attorney will work tirelessly to investigate the accident, gather evidence, and build a strong case on your behalf. They will consider factors such as the severity of your injuries, the impact on your ability to work and earn a living, and the long-term medical care you may require.
One of the most significant aspects of a motorcycle accident claim is ensuring that your medical bills are paid and that you receive proper compensation for your injuries. Your lawyer will work with medical experts to assess the full extent of your injuries and determine the cost of your current and future medical treatment, including hospitalization, surgery, rehabilitation, and ongoing care.
In addition to medical expenses, your attorney will fight for compensation for other damages, such as lost wages and future lost income. If your injuries prevent you from returning to work or limit your earning capacity, your lawyer will work to ensure that you receive fair compensation for these losses.
By working with a skilled motorcycle wreck lawyer, you can hold the negligent driver accountable for their actions and secure the financial resources you need to rebuild your life after a devastating accident. Your attorney will be your advocate throughout the legal process, fighting tirelessly to protect your rights and ensure that justice is served.
Contact the Francis Law Firm for a free case analysis and consultation before you speak with the other side or provide them with medical records and future medical bills. We will review your circumstances and help determine your best options.
Take advantage of your free consultation to ease your mind.