Motorcycle accidents are devasting and often catastrophic since riders are unprotected against other vehicles.
When a careless driver fails to check their blind spot and hits a defenseless biker, the consequences can be severe and life-altering.
Because motorcyclists are only protected by helmets and clothing, even minor accidents can cause significant injuries.
Unfortunately, motorcycle crashes highlight the critical importance of having an experienced Austin motorcycle accident attorney represent you from start to finish in a claim for all your losses.
If you or someone you know was hit by a car while riding a motorcycle, our law firm has extensive experience helping people injured in motorcycle accidents in Austin.
Contact an Austin motorcycle accident lawyer from DJC Law for help filing a claim for compensation. Call us at (512) 888-9999 to find out how we can help you today.
Aggressive Injury Lawyer Assisting Austin Motorcycle Accident Victims
What Are Common Damages in Austin Motorcycle Crashes?
Motorcycle accident victims are highly susceptible to injury. The reason is obvious; a rider is no match in a battle with a heavier car or truck.
Harm from a motorcycle accident can be life-changing even if the rider was wearing a helmet. Accidents involving motorcycles can result in spinal damage, head injuries, paralysis, and wrongful death.
Motorcycle injuries leave people with reduced or lost income, medical expenses, the need for future medical care, and a loss in the enjoyment of life.
Victims are entitled to compensation in a motorcycle accident claim when the accident is caused by the negligence of another person.
Compensation includes past and future medical expenses, the cost of future medical care, past and future lost earnings, and any reduction in lost earning potential. Past and future pain and suffering and property damage are included in compensation.
Elements of an Injured Motorcyclist’s Claim for Negligence
All drivers in Texas must exercise a reasonable level of care when operating a motor vehicle. Drivers who fail to abide by Texas traffic laws can be sued for negligence in the event of a preventable accident.
Negligence lawsuits from motorcycle accidents will be filed in either a Texas state court or a US federal court.
After the defendants respond to a complaint for personal injuries and damages, then a process called “discovery” will begin, which is how one party gains information from another.
Discovery can reveal how the at-fault party was negligent. You can sue for pain and suffering in Texas in a motorcycle accident case when a negligent driver or government entity causes your injuries. When someone's negligence is to blame for your injuries, then they are financially responsible for your damages. If you had an accident or were injured as pedestrian then you can contact Austin pedestrian accident lawyer.
When someone's negligence is to blame for your injuries, then they are financially responsible for your damages.
If an insurance company refuses to offer a fair and full settlement, the matter will proceed to trial. At trial, a judge or jury will decide liability and the amount of damages to award to the injured party or plaintiff.
It is crucial that you have an experienced injury trial lawyer to assist you throughout this process.
Motorcycle Laws and Regulations for Safe Driving
Texas Helmet Laws and Regulations
When working with the best Austin motorcycle accident attorneys, you will find accurate information on the laws of riding a motorcycle in the city. While the driving rules and regulations exist, in Texas, motorcycle riders under 21 must wear a DOT-compliant helmet. However, if the rider is above 21, they can only ride without a helmet if they have at least $10,000 worth of medical insurance.
In case riders don’t wear a helmet, they may have to compromise on the compensation and face comparative negligence arguments. For instance, if head injuries are sustained and they could have been mitigated by wearing a helmet, compensation can be reduced.
Hire experienced Austin motorcycle accident attorneys to ensure you get the maximum compensation.
Lane Splitting and Filtering Laws
DJC Law has highly experienced Austin motorcycle accident lawyers, and we always guide our clients on safe driving practices and laws in Texas.
According to the Texas Transportation Code § 545.060, motorcycle riders cannot ride between lanes in moving traffic. Moreover, they cannot drive past stopped vehicles, especially at traffic lights.
Violations of these laws can lead to accidents, and the riders are held accountable by Austin motorcycle accident lawyers.
Dangerous Conditions on the Roadways
Conditions on the road that may seem harmless to people in automobiles can put bikers in danger. A faulty or poorly constructed road can cause a two-wheeled bike to wobble or blow out a tire.
Motorcyclists who are injured due to potholes, roadside hazards, or other dangerous road conditions may have a cause of action against the company or the government responsible for maintaining and repairing the roadway.
The knowledgeable Texas motorcycle attorneys at our firm in Austin will be able to determine whether an injured motorcycle rider has the right to file a claim for compensation.
What to do Post-Accident?
Being involved in an accident isn’t an ideal situation, but if you have been in one, call 911, move to a safe location, and wait for emergency help to arrive. You are required to report injuries of any kind, death, and property damage to your motorcycle accident attorney in Austin and to law enforcement.
In the meantime, take enough photos and video of the accident scene as they will be helpful for a motorcycle accident attorney in Austin. Collect evidence and witness contact information so that we can contact them later.
Most importantly, don’t repair your vehicle and property until they are inspected by an expert, your motorcycle accident attorneys in Austin, and law enforcement. Keep your medical records, damaged items like helmets, clothes, gadgets, etc., as an experienced motorcycle accident lawyer in Austin will use them when seeking compensation for damages.
Quick Tips to Counter Unfamous Insurance Schemes
Once involved in an accident, you should not talk to anyone, even your insurance company, without motorcycle accident attorneys in Austin. It’s common for the at-fault party’s lawyers or insurance brokers to get your signature on any sort of paper that can dilute their client’s responsibility to pay.
DJC Law team has the best motorcycle accident lawyers in Austin, and we are ready to represent you on a single phone call. In the meantime, remember these tips to counter insurance schemes:
- Never accept quick settlements, as it does not account for future medical costs and lost wages.
- Don’t pay attention to their claims like, “you were lane splitting” or “you were not wearing a helmet”.
- Insurers may ask for multiple medical exams or even downplay chronic pain. Don’t pay heed to their demands and submit records from treating physicians through your motorcycle accident lawyers in Austin.
Can I Still Recover Money If I’m Partly to Blame For My Motorcycle Accident?
If an injured motorcyclist is found to be partially responsible for their own damages, they can still recover compensation.
As a comparative negligence state, Texas courts may assign fault to each party that bears responsibility for an injury. However, state law bars plaintiffs from recovering any damages if they are 51 percent or more at fault.
For example, if the injured motorcyclist was looking at their phone or speeding at the time of the collision, a court may find them to be comparatively or partly at fault.
Contact an Austin Motorcycle Accident Attorney
When you've been injured in a motorcycle accident, speak to an attorney to see how you can recover damages for the economic and non-economic losses sustained in an accident.
If you were injured by another motorist's negligence, our Austin motorcycle accident lawyers can help you recover damages for medical bills, lost wages, earnings, and income, as well as pain and suffering, and mental anguish.
Filing a lawsuit without experienced trial counsel, however, can be a confusing and challenging process. Our attorneys have achieved successful results litigating motorcycle accidents, recovering millions of dollars for our clients.
We will explain how to win a motorcycle personal injury claim and fight to get you the compensation you deserve and need now.
Call the Texas injury lawyers at DJC Law today for a free case evaluation and find out if we are the right firm for you and your family.
At DJC Law, we also specialize in representing victims of car accidents. If you or a loved one has been involved in a car crash, our experienced Austin car accident lawyer can help you navigate the legal process and pursue the compensation you deserve.