In 2013, more than 5,200 motorcyclists and 480 motorcycle passengers were seriously injured in Texas, according to the Texas Department of Transportation. The same year, 495 motorcyclists and passengers were killed.
Given the nature of motorcycles, riders and their passengers often fly off their bikes upon collision and have very high risk of sustaining severe injuries. Traumatic brain injuries, multiple fractures, spinal cord injuries, and amputations are not uncommon. Texas is a “no-fault” state, which means accident victims retain the right to pursue compensation from any parties that were at fault for the accident. If the rider died as a result of another’s negligence, survivors may file a wrongful death claim.
Common Causes of Motorcycle Accidents
Our lawyers have 70 years of combined experience helping clients with legal issues, such as filing motorcycle accident claims and lawsuits. We have handled numerous types of motorcycle accident cases and have an excellent track record of winning large settlements for our clients. Below are some of the most common causes of motorcycle accidents that we have encountered.
- Rider inexperience and lack of training
- Drivers not paying attention, e.g., texting, daydreaming, changing lanes without signaling
- Driving or riding recklessly
- Improper passing and lane splitting
- Faulty motorcycles, e.g., defective tires
- Pedestrians or animals unexpectedly darting into the road
- Poor weather conditions
- Poorly maintained or designed roads
Can I still recover damages if I was partly at fault?
Yes, even if you were partly at fault for the accident, you still may be able to collect reimbursement for damages. Texas adheres to a rule referred to as “proportionate responsibility” or the modified comparative fault rule. This law states that injured victims can recover damages from the other party so long as they are less than 51 percent at fault. The caveat is that the victim’s settlement will be reduced in exact proportion as the degree of fault.
For example, if you were speeding at the time the motorcycle accident occurred and you are found to be 40 percent at fault, your final settlement will be reduced by 40 percent.
Getting Counsel from a Motorcycle Accident Lawyer in Dallas
Because establishing fault is so vital to the outcome of your case, we encourage you to seek legal counsel before moving forward with your claim. Motorcycle accidents usually entail a lot of damages, and a lawyer will ensure your claim is valued accurately so that you do not miss out on funds to which you’re entitled.
If you were hurt in a motorcycle wreck or if your loved one was killed in one, you are welcome to call our accomplished injury and wrongful death attorneys at Warren & Migliaccio, L.L.P. in Dallas. Contact us online or call us to schedule a consultation at 888-584-9614.