Motorcycle Accidents

Our Attorneys are Here to Help After Being Injured in a Motorcycle Crash in Austin, TX

Austin Motorcycle Accident Lawyer

A Brief Summary of the Following Article
  • High Risk for Motorcyclists: Motorcycles make up 3% of vehicles but 15% of traffic fatalities. Drivers often fail to see them, especially when making left turns at intersections.
  • Common Motorcycle Injuries: Motorcyclists suffer serious injuries like head trauma, lower extremity fractures, road rash, and biker’s arm due to the lack of enclosed vehicle protection during crashes.
  • Importance of Legal Assistance: Hiring a motorcycle accident attorney is crucial for navigating personal injury claims, as they can gather evidence, negotiate with insurers, and ensure fair compensation for medical costs and lost wages.
  • Role of an Attorney in Establishing Fault: Attorneys help establish fault in motorcycle accidents by proving the other party’s duty of care, breach of care, causation, and damages, which is essential for securing rightful compensation in claims.

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 motorcycle accident lawyer 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 accidents. 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 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. 

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. 

Benefits of Hiring a Motorcycle Accident Attorney

Hiring a motorcycle accident attorney 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.

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.

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 the filing of 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 it is imperative you 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.

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.

Get answers to frequently asked questions about personal injury law.


Sources:

  • NHTSA: 2013 Motor Vehicle Crashes: Overview
  • Texas DOT: Texas Motor Vehicle Crash Highlights – Calendar Year 2013
  • NHTSA: Safety in Numbers: Motorcyclists
  • IIHS: Motorcycles
  • USDOT: Motorcycle Accident Cause Factors and Identification of Countermeasures