Motorcycle accidents often result in devastating injuries and complex legal challenges that require skilled legal representation to navigate insurance company tactics and secure fair compensation. When careless drivers fail to see motorcyclists or engage in dangerous behaviors such as texting while driving, the consequences can be life-altering for riders who have little protection against the impact of larger vehicles.
At Byrd Davis Alden & Henrichson, LLP, we have successfully represented motorcycle accident victims throughout Texas for over 65 years. Our experienced Austin personal injury attorneys understand the unique legal challenges these cases present and work tirelessly to overcome bias against motorcyclists while building compelling cases that result in maximum compensation for our clients.
Understanding Texas Motorcycle Accident Laws
Texas motorcycle accident claims involve specific legal considerations that differ from standard motor vehicle cases. Motorcyclists face unique challenges in court, including unfair stereotypes and assumptions about riding behavior that can impact case outcomes if not properly addressed by experienced legal counsel.
Helmet Laws and Their Impact on Claims
Texas requires motorcycle operators and passengers under 21 to wear helmets, while riders over 21 may choose not to wear helmets if they complete a safety course or carry adequate insurance coverage. Helmet use or non-use can become a factor in personal injury claims, but does not automatically bar recovery under Texas comparative negligence laws.
Insurance companies often attempt to argue that failure to wear a helmet contributed to injury severity, even when the at-fault driver bears primary responsibility for causing the accident. Our Austin motorcycle accident lawyers counter these arguments with medical testimony and accident reconstruction analysis that focuses liability on the negligent driver’s actions.
Lane Splitting and Motorcycle Rights
Texas does not permit lane splitting, which means motorcyclists cannot legally ride between lanes of traffic. However, motorcycles have the same rights and responsibilities as other vehicles on Texas roadways. Drivers must maintain proper following distances, check blind spots before changing lanes, and yield right-of-way to motorcyclists just as they would to any other vehicle.
Common driver negligence includes failing to see motorcycles when making left turns, following too closely, and aggressive driving behaviors such as road rage or intentional intimidation of motorcycle riders.
Unique Challenges in Motorcycle Accident Cases
Motorcycle accident cases present distinct challenges that require experienced legal representation to overcome bias and secure fair compensation. Insurance companies often exploit negative stereotypes about motorcyclists to reduce settlement offers and shift blame away from their insured drivers.
Overcoming Bias Against Motorcyclists
Many people harbor unconscious biases against motorcycle riders, assuming they engage in reckless or dangerous behavior. These prejudices can influence insurance adjusters, opposing lawyers, and even jurors if cases proceed to trial. Our motorcycle accident attorneys proactively address these biases by presenting clear evidence of the other driver’s negligence and your responsible riding behavior.
We gather comprehensive evidence, including traffic camera footage, witness statements, accident reconstruction analysis, and your riding history, to build compelling cases that focus on the actual cause of the accident rather than unfounded assumptions about motorcycle riding.
Severe Injury Complications
Motorcycle accidents frequently result in catastrophic injuries, including traumatic brain injuries, spinal cord damage, multiple fractures, and road rash requiring extensive medical treatment. The severity of these injuries often leads to higher medical costs, longer recovery periods, and permanent disabilities that significantly impact your ability to work and enjoy life.
Calculating appropriate compensation requires a thorough analysis of current and future medical expenses, lost earning capacity, pain and suffering, and the long-term impact of your injuries. Insurance companies typically undervalue these complex damages, making experienced legal representation essential for maximum recovery.
Building Strong Motorcycle Accident Claims
Successful motorcycle accident claims require comprehensive evidence collection, thorough legal preparation, and a strategic presentation that overcomes insurance company defenses and potential jury bias.
Our investigation process includes accident scene analysis and evidence preservation, mechanical inspection of involved vehicles, review of traffic violations and citations, analysis of weather and road conditions, and consultation with accident reconstruction professionals when necessary.
We also examine the at-fault driver’s history for previous violations, accidents, or patterns of negligent behavior that strengthen your case. Cell phone records, GPS data, and witness testimony help establish exactly what the other driver was doing at the time of the collision.
Medical Documentation and Future Care Planning
Proper medical documentation is crucial for motorcycle accident cases, given the typically severe nature of injuries involved. We work closely with your medical providers to ensure complete documentation of your injuries, treatment plans, and prognosis for recovery.
For permanent injuries, we consult with medical professionals and life care planners to project future medical needs, rehabilitation costs, and adaptive equipment requirements. This comprehensive approach ensures your settlement or verdict covers not just current expenses, but the lifetime costs of your injuries.
Damages Available in Texas Motorcycle Accident Cases
Texas law provides comprehensive compensation for motorcycle accident victims, including both economic and non-economic damages designed to address the full impact of your injuries and losses.
Economic damages include past and future medical expenses, rehabilitation and therapy costs, lost wages and reduced earning capacity, property damage to your motorcycle and gear, and necessary home and vehicle modifications to accommodate injuries.
Non-economic damages cover physical pain and suffering, emotional distress and trauma, loss of enjoyment of life, permanent disability or disfigurement, and loss of consortium for married couples. In cases involving particularly egregious conduct, Texas courts may award punitive damages to punish defendants and deter similar behavior.
Why Choose Byrd Davis Alden & Henrichson, LLP for Your Motorcycle Accident Case
Motorcycle accident cases require lawyers with a deep understanding of the unique legal challenges, medical complexities, and social biases involved in these claims. As Austin’s oldest personal injury law firm, established in 1959, we have successfully handled complex motorcycle accident cases and understand exactly what it takes to win maximum compensation.
Our Austin motorcycle accident lawyers have recovered over $100 million for clients and maintain a 98% success rate. We have extensive experience with catastrophic injury cases and the resources to take on major insurance companies and their teams of Autin motorcycle accident attorneys. Insurance companies know our reputation for thorough preparation and courtroom excellence, often leading to favorable settlements without the need for lengthy trials. We handle all motorcycle accident cases on a contingency fee basis, meaning you pay no attorney fees unless we win your case. Contact one of our motorcycle accident lawyers at (512) 454-3751 or through our contact form to schedule a free consultation about your motorcycle accident claim.
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