Motorcycle Accident Lawyer
Texas Motorcycle Accident Attorney
Kirkpatrick Law has an exceptional reputation for helping Bikers get the maximum amount of compensation they deserve after an accident. If you have suffered a serious injury or lost a loved one in a motorcycle accident, please contact Kirkpatrick Law as soon as possible to better understand your rights and options so that you can secure the best possible results.
Although Motorcycles have the same rights and obligations to the road as do any other motor vehicle, they usually come out on the wrong side in an accident. Nothing can be more frightening for a motorcycle rider than seeing a car coming into his or her lane. Additionally, a car driver failing to stop because the driver is not paying attention is even scarier. Bikers injured because of other motorists’ negligent actions can pursue legal action against such negligent driver to recoup medical costs, lost wages, pain, and suffering, and other damages related to the accident. Contacting an experienced motorcycle accident attorney as soon as possible following a motorcycle accident is critical to your full recovery of the monetary damages you are entitled to.
Common Causes of Motorcycle Accidents in Texas
Sadly, in any motorcycle accident involving an auto, motorcyclists are far more likely to suffer serious injuries or death in such an accident. In 2018, according to the Texas Department of Transportation, there were 5,740 motorcycle accidents resulting in catastrophic injury and 2,078 accidents resulting in minor injuries. Some of the most common causes of motorcycle accidents include:
- Changing lanes without looking for motorcyclists
- Driving too fast for conditions or following too closely
- Making a left-hand turn into the path of a motorcyclist
- Texting while driving or talking on a cell phone
- Hit from the rear
- Diving impaired
What Should I Do After A Motorcycle Accident?
After a motorcycle accident, your first priority is yourself. You need to first seek the medical treatment that you need. When you are injured it is hard to get information at the scene of the collision. Usually, the police officer on the scene will get the other driver’s insurance coverage and take witness statements. However, at the accident, if possible, it is essential to try to obtain:
- Insurance information from the at-fault driver
- Photos of the accident
- Photos of any injuries
- Contact information from witnesses, and any statements regarding the accident.
Another key aspect is to hire a motorcycle accident attorney quickly. One reason for this is to preserve evidence. The longer you take to engage an experienced attorney the more likely evidence will go missing or witness’ memories fade. Additionally, the at-fault driver’s insurance company will be contacting you to try to quickly settle. They want you to settle quickly on their terms so that they will be paying the lowest amount possible. By using an attorney that specializes in motorcycle accidents you can avoid this insurance trap.
Medical Treatment After A Motorcycle Wreck
One of the most important things to do for yourself is to get treatment for your injuries. Don’t try to tough it out. You do not want to discover later that you in fact suffered severe injuries. This can only hurt your case and prevent you from receiving the compensation you deserve.
Do Not Have Contact with the Other Parties Insurance Adjuster
We recommend that you never give a recorded telephone interview with the at-fault party’s insurance company after an accident. If you do provide a telephone interview, always talk to a motorcycle injury attorney first and have them on the line with you.
What Kind of Monetary Compensation Can Be Recovered from A Motorcycle Collision?
Bikers that are injured in a wreck can receive compensation for economic damages like lost wages and medical expenses. Additionally, non-economic or human damages like pain and suffering, disfigurement, or loss of enjoyment of life or disability can be recovered as well. Every case is different though. To fully understand the possible compensation, you need to contact a Texas motorcycle accident lawyer.
Punitive damages are more challenging to get in Texas. Generally, in Texas, plaintiffs have to prove extraordinary or wilful negligence. One such example of possible punitive damage recovery would be the at-fault driver being drunk. In Texas, punitive damages are generally not covered through insurance.
If you have uninsured motorist insurance, this coverage can help if the motorist did not have liability coverage. Underinsured coverage helps when the negligent driver doesn’t have enough insurance to cover all damages.
Common Injuries from Motorcycle Wrecks
There are many different types of injuries that can be sustained in a motorcycle accident. These can range from mild to severe to even fatal. If you have been injured, you need a Texas motorcycle accident lawyer.
The most common injuries due to a motorcycle wreck are:
Road Rash – This happens when the victim is thrown across the pavement causing layers of skin to be painfully rubbed away. This injury can be very serious and severely painful.
Brain Injuries – due to the lack of protection, brain damage is of major concern in almost any motorcycle collision. A brain injury can range from a contusion to concussion and ultimately can result in bleeding in the brain. Brain injuries are very serious and are expensive treatments.
Fractures – Bones are some of our most vulnerable parts in any accident. Should they be placed in the wrong position or under too much pressure, they can break. In some cases, the only outcome if there is significant shattering is to amputate the impacted limb. Loss of limb is an extremely devastating injury
Spine Injuries – No matter whether the spinal injury involves fractures to the vertebra, slipped discs, or a crushing spinal injury, the victim will probably suffer from the consequences for the rest of their life.
Paralysis – A motorcycle collision can leave a victim crippled for the rest of their life. In this instance, there is a serious need for legal help in receiving future comprehensive compensation.
Death – Motorcycles have the least of protection of almost any vehicle on the road. Unfortunately, in wrecks between cars and motorcycles involving fatalities, 98% of the time it is the Biker that loses their life.
Motorcycle Safety Tips
Negligence on behalf of the car driver is often the cause of motorcycle accidents. However, there are a few tips that can help maximize the safety of bikers. At Kirkpatrick Law, we want you to be protected. Some common safety tips are:
- Enroll yourself in a training course. The Motorcycle Safety Foundation offers standardized courses throughout the nation that train students on how to handle their bikes properly.
- Wear Protective Gear – When riding a motorcycle, you should be fully and adequately covered. This includes wearing a DOT-approved helmet, eye protection, gloves, boots that cover your ankles, long pants, and long sleeves. Please wear all of it.
- Use smart riding techniques. There are specific actions a motorcyclist needs to consider that a vehicle driver does not. These techniques are reviewed in motorcycle safety classes. These are techniques like avoid tailgating; do not ride between lanes, and observe the speed limit.
- Always Assume that other drivers cannot see you. Don’t rely on other drivers. Always assume you cannot be seen and drive defensively to help protect yourself.
- Choose a motorcycle that fits you. When you are selecting a motorcycle, make sure you are getting a bike geared to your abilities. If you are getting your first sports bike, get an entry-level lightweight. Also, consider the size of the bike. Your feet should be able to touch the ground when sitting on your bike.
- Never carry a passenger if your bike is not built for it. Make sure that your bike is built to carry the extra weight of your passenger. Also, make sure there is a designated space for a passenger.
Call A New York and Texas Motorcycle Accident Attorney
Have you or someone you love been seriously injured in a motorcycle accident? Contact Kirkpatrick Law today for a free case evaluation. We are here to help you in your time of need. After serious injuries, the last thing you want to deal with is insurance companies. Give us a call today so we can review your legal options and protect your financial future.