Austin Motorcycle Accident Lawyer

With Texas offering both warm weather and expansive, flat landscapes, motorcyclists are presented with abundant opportunities to enjoy the tranquility and freedom of the open road. Unfortunately, this freedom comes with heightened vulnerability, as motorcyclists are more prone to accidents and injuries compared to occupants of traditional vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), 5,932 motorcyclists lost their lives, and 82,686 sustained injuries in traffic crashes in 2021. Texas, in particular, recorded 562 motorcycle operators and passengers losing their lives in traffic accidents in 2022, as reported by the Texas Department of Transportation (DOT).

As a victim of a motorcycle accident resulting from someone else’s negligence, seeking guidance from a seasoned Austin motorcycle accident attorney is crucial. With six decades of experience, we, as Austin’s oldest and most reputable personal injury law firm, have diligently handled motorcycle accident cases. Today, let our wealth of experience work in your favor as you navigate the path to recovery and rightful compensation.

Causes Of Motorcycle Accidents

According to the NHTSA, while motorcycles made up only 3 percent of the registered vehicles in a recent year, motorcyclists accounted for 15 percent of all traffic fatalities. Per vehicle mile traveled, the number of motorcycle deaths that year was 26 times the number of deaths that occurred in cars, according to the Insurance Institute for Highway Safety (IIHS). Although motorcycle riders themselves sometimes cause accidents, a study published by the U.S.

Department of Transportation (USDOT) found that most motorcycle accidents are caused when drivers of motor vehicles violate the rights of motorcycle riders in intersections. This most frequently occurs when a driver turns left into an oncoming motorcycle because he or she failed to see it. Researchers found that automobile drivers fail to detect smaller-profile motorcycles in traffic due to a lack of caution and awareness on the part of the driver.

Road hazards are another common cause of motorcycle crash incidents. Because of their smaller size and less stable nature, motorcycles face greater danger from potholes, animals on the road, slick road conditions, gravel, uneven pavement, and other road irregularities.

Injuries From Motorcycle Accidents

Motorcycle riders lack the protection of an enclosed vehicle, and when they crash, the motorcycle accident injuries they suffer can be serious. Common injuries include:

• Head injury: This is the most common injury in motorcycle accidents and it includes concussion and traumatic brain injury. Head injuries are often accompanied by closely related neck injuries.

• Injuries to the lower extremities: These injuries include fractured legs, knees, and feet, scrapes, cuts, road rash, and bruising.

• Road rash: When a rider’s body slides across the pavement after an accident, the skin can be scraped away, even through layers of clothing. This is a potentially serious condition that can lead to infections and surface nerve damage.

• Biker’s arm: When riders are thrown off their bikes in accidents, the instinctive reaction is to throw out the arms or draw them around the body to lessen the impact of the fall. Permanent nerve damage can result from landing on an arm in an accident.

Learn more about common issues and questions after a motorcycle accident.

What to Do After Being Involved in a Motorcycle Accident in Austin, TX

When you have been involved in a motorcycle accident that was caused by the recklessness of another driver or third party, the first thing you should do is seek medical attention. Even if you are seemingly unharmed, a healthcare professional can help potentially diagnose a hidden injury and prevent it from becoming worse.

This medical information can also be used as direct evidence when it comes to the filing of your personal injury claim. It is crucial to understand the importance of motorcycle accident claims, as they can help you seek compensation for both economic and non-economic damages. If you can do so safely, take photographs or video footage of the accident using your phone. If you are unable to do this safely, did not know to do so, or are too injured, do not worry. When you partner with a dedicated attorney, they can collect and assess any potentially relevant evidence for you while you focus on recovering from your accident.

Your Next Best Steps After a Motorcycle Accident

After a motorcycle accident, knowing the right steps to take can protect your health and your legal rights. Following these guidelines can make a significant difference in the outcome of your case.

See a Doctor

Even if you feel uninjured, it’s essential to seek immediate medical attention after an accident. Some injuries may not appear right away, and prompt treatment can prevent complications.

Gather Evidence

Collecting evidence such as photos, witness information, and police reports from the accident scene can support your case later. This documentation may become vital when proving fault or negotiating a settlement.

Considering an Austin Motorcycle Accident Lawyer

If you’re involved in a motorcycle accident, consulting with a motorcycle accident lawyer is one of the most important steps. At Byrd Davis Alden & Henrichson LLP, we can help protect your rights and build a strong case for compensation by handling complex legal processes and dealing with insurance companies on your behalf.

Benefits of Hiring a Motorcycle Accident Attorney

Hiring motorcycle accident lawyers can offer numerous benefits, especially when dealing with the complexities of personal injury claims. Firstly, an experienced attorney understands the intricacies of motorcycle accident cases, navigating through specific laws and regulations that apply to these incidents.

They can also gather crucial evidence, including witness statements, medical records, and accident reconstructions, strengthening your case. Additionally, an attorney can skillfully negotiate with insurance companies on your behalf, ensuring you receive fair compensation for medical expenses, lost wages, and other damages.

Overall, the expertise of a motorcycle accident attorney significantly increases the likelihood of a favorable outcome and helps alleviate the stress associated with legal proceedings.

Understanding Comparative Fault

In Texas, comparative fault, also known as comparative negligence, allows courts to assign responsibility for an accident based on the degree of fault each party bears. This means that even if you, as a motorcycle rider, are partially at fault for the accident, you can still seek compensation for your injuries. However, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you are found 20% at fault and the total damages amount to $100,000, you would receive $80,000 (minus your 20% share of fault).

The impact of comparative fault on motorcycle accident claims: 

Determining Fault

Comparative fault requires a thorough investigation into the accident to determine each party’s level of responsibility. Factors such as traffic laws, witness statements, and expert analysis of the accident scene play crucial roles in establishing fault.

Insurance Negotiations

Insurance companies often use comparative fault to diminish their liability and reduce settlement offers. Having strong evidence and legal representation can help protect your rights and negotiate a fair settlement.

Court Proceedings

If a fair settlement cannot be reached, the case may proceed to court. Texas follows a modified comparative fault rule where you can only recover damages if you are less than 51% responsible for the accident. A skilled attorney can present your case effectively to maximize your compensation while minimizing the impact of comparative fault.

Navigating the complexities of comparative fault in motorcycle accident claims requires experienced legal representation. Byrd Davis Alden & Henrichson LLP understands the challenges motorcycle accident victims face and is committed to advocating for your rights. Contact our team today for a free consultation to discuss your case and learn how we can help you pursue the compensation you deserve.

Proving Liability in Austin Motorcycle Accidents

Establishing liability for motorcycle accident victims requires proving negligence, which involves showing that the other party owed you a duty of care, breached that duty, and caused your injuries. Key evidence such as accident reports, witness statements, and expert testimony can play an essential role in this process.

No-Contact Motorcycle Accidents in Austin

No-contact accidents occur when another vehicle forces a motorcyclist off the road without physical contact. These situations are often harder to prove but can still lead to compensation with thorough investigation and expert analysis.

Proving Your Motorcycle Accident Case

To win compensation after a motorcycle accident, you’ll need to provide clear evidence of negligence and fault. 

Investigating the Accident Scene

A thorough investigation of the accident scene, including road conditions and physical evidence, is crucial in determining fault. Our team excels at gathering and preserving critical evidence.

Analyzing Vehicle Damage

The damage to all vehicles involved provides insights into the speed, direction, and point of impact, helping to reconstruct how the accident occurred and establish liability.

Piecing Together the At-Fault Driver’s Actions

Whether it’s distracted driving, impairment, or negligence, identifying the at-fault driver’s behavior is key. We thoroughly investigate driving records and other data that could support your claim.

Texas Laws for Motorcycles

Texas has specific regulations for motorcyclists that can impact accident cases and your ability to recover damages. Understanding these laws can help clarify your rights and responsibilities as a rider.

Severe injuries are a significant risk for motorcyclists due to the lack of protection offered by motorcycles. These severe injuries can result from accidents caused by reckless driving, making it crucial to seek legal assistance to navigate the complexities of such cases.

Lane Splitting

Lane splitting remains illegal in Texas. If you’re involved in a crash while splitting lanes, this could impact your ability to recover damages.

Passengers

Texas law permits motorcycle passengers as long as the motorcycle is designed to carry more than one person, and passengers must have a proper seat and footrest.

How Does Lane Splitting Impact Compensation?

Lane splitting, the practice of a motorcycle rider passing between lanes of slow-moving or stopped traffic, is a contentious issue in Texas and can significantly influence the outcome of compensation claims following a motorcycle accident. 

Legal Considerations in Texas and Its Impact on Fault

In Texas, lane splitting is not explicitly prohibited nor expressly permitted by law. This legal ambiguity means that insurance companies and courts may view lane splitting differently when determining fault in a motorcycle accident. While not illegal, the practice of lane splitting can complicate liability issues, especially if the motorcyclist’s actions are perceived as contributing to the accident.

Insurance Company Challenges

Insurance companies often argue that a motorcyclist who was lane splitting at the time of an accident was engaging in risky behavior. This argument can lead to reduced settlement offers or denial of claims, especially if the insurance adjusters believe the motorcyclist’s actions contributed to the accident.

Court Decisions

If your case goes to court, the judge or jury will consider all factors, including whether lane splitting contributed to the accident. Texas follows a modified comparative fault rule, meaning compensation may be reduced if you are found partially at fault. Lane splitting could potentially increase the percentage of fault assigned to you, thus affecting the amount of compensation you can recover.

Legal Representation

Having an experienced attorney is crucial if you are splitting during an accident. A skilled lawyer can navigate the complexities of Texas traffic laws, gather evidence to support your case, and argue for your right to fair compensation. They can also counter-arguments from insurance companies that attempt to unfairly assign blame based on the practice of lane splitting.

What to Do After a Wrongful Death Caused by a Motorcycle Accident

Experiencing the loss of a loved one in a motorcycle accident is an emotionally devastating event that can leave families grappling with profound grief and practical challenges in the weeks and months that follow. Knowing what steps to take after such a tragedy can help navigate the legal and practical challenges.

Navigating the Initial Shock and Grief

In the immediate aftermath of losing a loved one in a motorcycle accident, it’s crucial to prioritize emotional well-being. Allow yourself and your family time to grieve and process the loss. Seek support from friends, family members, or a therapist to help navigate the overwhelming emotions that come with such a tragic event.

Legal and Practical Steps to Take

While the last thing on someone’s mind after losing someone is legal matters, it’s important to have some understanding of what to do next, including: 

• Gather Documentation: Collect all documentation related to the accident, including police reports, medical records, and witness statements. These documents will be essential in establishing the circumstances of the accident and proving liability.
• Consult with an Attorney: Contact a skilled attorney experienced in wrongful death and motorcycle accident cases. A lawyer can provide invaluable guidance on your legal rights, potential claims for compensation, and the statute of limitations for filing a lawsuit.
• Identify Responsible Parties: Determine who may be legally responsible for the accident. This could include the driver of the vehicle involved, road authorities responsible for unsafe road conditions, or even the manufacturer of a defective motorcycle part.
• Document Damages: Keep detailed records of all financial losses incurred as a result of the wrongful death, such as funeral and burial expenses, medical bills, lost income, and loss of companionship. These damages can form the basis of your wrongful death claim.
• File a Wrongful Death Claim: With the guidance of your attorney, file a wrongful death claim against the responsible party. In Texas, eligible family members, such as spouses, children, and parents of the deceased, can seek compensation for economic and non-economic damages resulting from the loss.
• Navigate the Legal Process: Your attorney will manage all legal aspects of the case, including negotiations with insurance companies and, if necessary, litigation in court. They will work to ensure your rights are protected and that you receive fair compensation for your loss.
• Seek Closure and Healing: While pursuing legal action is important, prioritize your family’s emotional well-being. Engage in activities that promote healing and honor the memory of your loved one, such as creating a memorial or participating in support groups for families of motorcycle accident victims.

Byrd Davis Alden & Henrichson LLP understands the complexities of wrongful death cases and is committed to providing compassionate legal support during this difficult time. Contact us today for a consultation to discuss your case and explore your options for seeking justice and compensation for your loss. 

Texas Motorcycle Helmet Laws

Texas law permits riders over 21 to forgo a helmet if they meet specific safety training or insurance criteria. However, wearing a DOT-approved helmet is always advisable for both safety and legal reasons in the event of an accident.

What is My Motorcycle Accident Worth?

The value of your case depends on many factors, such as the severity of your injuries, lost wages, and medical expenses. Our firm can help you understand what compensation might be available for your claim.

What is the Statute of Limitations for Motorcycle Accidents in Texas?

In Texas, the statute of limitations for personal injury cases, including motorcycle accidents, is typically two years from the date of the accident. Acting promptly is essential to protect your rights.

Types of Compensation Available for a Motorcycle Accident

You may be entitled to various forms of compensation, including economic damages like medical bills and lost wages, non-economic damages such as pain and suffering, and sometimes punitive damages depending on the nature of the accident.

How Do You Prove Negligence In a Texas Motorcycle Accident Case?

To prove negligence, you must demonstrate duty, breach, causation, and damages. Our firm collects critical evidence like police reports, witness statements, and expert testimony to build a strong case.

How a Determined Attorney Can Help Your Case

Our lawyers have received high praise, accolades, and ratings from Martindale-Hubbell, Texas Super Lawyers in Texas Monthly magazine, Best Lawyers in U.S. News & World Report, and others. While you focus on resting and recovering from your motorcycle injury, our highly qualified team will get to work on the following essential aspects of your case:

Establishing Fault

Although motorcycle riders themselves sometimes cause accidents, a study published by the U.S. Department of Transportation (USDOT) found that most motorcycle accidents are caused when drivers of motor vehicles violate the rights of motorcycle riders in intersections.

This most frequently occurs when a driver turns left into an oncoming motorcycle because he or she failed to see it.

Spinal cord injuries are among the most severe consequences of such accidents, often leading to permanent disability and requiring experienced legal representation to navigate the complexities of insurance claims and the impact on victims’ lives.

When it comes to establishing fault, the four components of negligence will be used. They include:

• Duty of care: The other party had a responsibility to drive safely
• Breach of care: The other party failed to uphold their duty of care
• Causation: The accident directly resulted in damages
• Damages: These are your losses due to the accident, such as injuries, property damage, and other related costs

Using the left-turn accident as an example, the duty of care would be the expectation that the at-fault driver looks both ways for potential motorcycles before turning. When they fail to do so and cause an accident resulting in your injuries and property damage, they may be found liable for their recklessness, and you are entitled to file a claim with their insurance for damages.

Filing Your Claim

When you work with our Austin motorcycle accident attorneys, you can have confidence that you will communicate directly with your lawyer, and your case will receive the hard work and attention to detail it deserves. This involves filing your claim with the liable party’s insurance.

Your attorney will ensure all of the proper documentation has been included and filed with consideration to Texas’s two-year statute of limitations. This deadline for filing your claim begins the day of your motorcycle accident, so you must reach out to an attorney as soon as you possibly can.

Fight for a Worthy Settlement

It’s important to remember that the insurance company is not your friend. Your attorney is your guide and your advocate when it comes to fighting for a worthy settlement. The insurance company will likely try to offer insufficient compensation or even attempt to shift the blame so they do not have to cough up as much money in the long run.

Your motorcycle accident attorney understands that financial compensation is sometimes one of the viable options out of the hole your accident has dug you in. That’s why we fight so diligently when it comes to getting you both economic and non-economic damages for your losses.

Frequently Asked Questions

How Much Does It Cost To Hire A Motorcycle Accident Lawyer?

We typically work on a contingency fee basis, meaning you only pay if we win your case. This allows you to pursue your claim without upfront costs.

Should I speak with an Insurance Company After A Motorcycle Accident?

It’s advisable to consult with a lawyer before making statements to insurance companies. We can help ensure your rights are protected and that you receive fair treatment during the process.

When Should I Get In Touch With A Motorcycle Accident Attorney?

The sooner you contact an attorney, the better. Prompt legal action helps preserve important evidence and meet critical deadlines.

How Much Money Will I Get After A Settlement?

Settlement amounts vary depending on the specifics of your case, including the extent of your injuries and financial losses. We can help evaluate your case based on similar situations.

Is It Possible To Handle A Motorcycle Accident Claim Without An Attorney?

While it’s possible to represent yourself, having a lawyer often results in better outcomes, especially in complicated cases. We can navigate the legal process to help secure the best possible settlement for you.

How Long Do I Have To File An Injury Claim?

In Texas, you have two years from the date of the accident to file a personal injury lawsuit. It’s in your best interest to begin the claims process as soon as possible.

Contact an Experienced Motorcycle Accident Lawyer in Austin, TX Today

If you have suffered serious injuries in a motorcycle accident that was not your fault, contact our firm as soon as possible. Our seasoned Austin personal injury attorneys can investigate your accident to determine who was at fault and file a motorcycle accident claim for compensation on your behalf against the at-fault party.  

With Byrd Davis Alden & Henrichson, LLP, you have a team of dedicated legal advocates on your side. To schedule a free consultation today, please call our office at (512) 454-3751 or use our contact form.