Motorcycle Accident Lawyers Houston, Texas
Unfortunately, motorcycles are known as dangerous machines and have earned a bad reputation in the eyes of insurance companies and the courts. While an individual motorcycle rider may be the safest driver on the road at any given time, they likely pay higher premiums than almost any other driver they share the road with. This is partly because of an undeserved stigma that motorcyclists are risk-takers and that they are to blame if they’re ever within spitting distance of a motor vehicle collision.
But it’s also partly based on the sad fact that like bicyclists and pedestrians, motorcyclists have a lower chance of surviving an automobile accident if they should ever have the misfortune of being in one.
But motorcyclists have rights just like any other drivers on the road. And if their accident was the fault of other negligent drivers, then the bikers should not be the ones responsible for paying for the costly medical expenses and additional financial burdens that follow such an accident.
And in worst cases, where a bike accident resulted in the wrongful death of the motorcyclist, their family should be allowed to grieve without concern for the costs of funeral expenses and other unexpected bills.
While you may file an insurance claim and hope you can recover fair compensation for your injuries, most motorcycle accident victims find that insurance companies rarely offer an adequate sum for their medical bills, lost income, and mental anguish. If you wish to pursue a financial recovery beyond the initial insurance company settlement, consider hiring an experienced motorcycle accident attorney to represent your personal injury lawsuit.
At the Houston-based law offices of The Shariff Law Firm, PLLC, our experienced legal team prides itself on providing clients with comprehensive legal care with a compassionate heart. We understand that, for the client, this is no mere legal case.
This accident was a traumatic experience and a potentially life-altering event. We will do our best to remain respectful of your wishes as we pursue the most satisfactory outcome to your case in hopes that you will be able to return to some level of normalcy after the dust has cleared and your wounds have healed.
To speak with our lawyers about your case, please call our law firm at (713) 881-9739 to schedule a free case review at any time.
What Should You Do if You Have Been in a Motorcycle Accident?
Like any other motor vehicle accident, the first thing you should do after a motorcycle crash is assess the state of your own injuries. If you are well enough, you may check on the injuries of other people involved in the accident. However, if you are badly hurt or feel ‘weird’ in any way, please remain in place.
Regardless of how minor your injuries appear to be at first glance, your first concern should be reaching medical aid and calling 911. Do not attempt to just ‘walk it off’ and do not reassure other drivers or eyewitnesses that you are fine.
Not only could these words be used against you later on, but some injuries take hours, days, or even weeks to fully manifest. It’s important to see medical professionals before claiming to be unhurt in the accident.
While awaiting emergency paramedics and law enforcement to arrive, you may exchange insurance information. If an insurance adjuster for the other party’s insurance company arrives on-site, you do not have to speak with them.
If you have time, attempt to document the scene of the crash and talk to eyewitnesses to get their accounts. Witness accounts, as well as your own, will grow fuzzier with time, so it is essential to document what you can early while the accident is still fresh in everyone’s memory.
Only after you have received medical treatment should you consider contacting the law offices of a personal injury attorney.
How Frequent Are Motorcyclist Fatalities in Texas?
In the year 2020, the US had 5,579 recorded motorcycle fatalities. Motorcycles make up a disproportionate number of traffic fatalities annually across the country. This makes sense when you think about it for a moment, as motorcyclists are relatively unprotected by comparison to other motorists who have airbags, seatbelts, and other safety measures to keep them safe.
However, other facts are more puzzling. Did you know that 30% of fatal motorcycle accidents involved bikers riding without valid motorcycle licenses? Or that driving under the influence of alcohol was more common for motorcyclists than any other drivers?
In states without universal helmet laws, more than half of injured motorcyclist fatalities were bikers who did not wear helmets. Please note that Texas is one such state without a statewide helmet requirement. Helmet usage continues to decline nationwide while motorcycle fatalities continue to rise.
While Texas is the most dangerous state for traffic fatalities of any kind, when it comes to motorcycle accidents, they fall out of the worst spot. Statistically, based on how many motorcycles are registered in each state, we can determine which state is the most dangerous for bikers. Recent figures place Mississippi as the most dangerous state for motorcycle accidents, with Texas right behind.
Following Texas are Arkansas, Florida, Louisiana, and South Carolina. California also has a high number of motorcycle deaths, but they also have more motorcycle riders than any other state in the nation.
What Are Common Motorcycle Accident Injuries?
Motorcycle accident injuries are typically more severe and life-threatening than injuries sustained by those riding in cars or trucks. A rear-end collision might only give a car’s passenger whiplash, but it could send a motorcycle rider flying through the windshield.
In a motorcycle wreck, the rider may suffer injuries such as:
- Amputation.
- Broken bones.
- Burns.
- Concussions.
- Cuts.
- Facial disfigurement.
- Inability to walk again.
- Internal bleeding.
- Loss of sight or loss of hearing.
- Organ damage.
- Paralysis.
- Road rash.
- Soft tissue injuries.
- Spinal cord injuries.
- Traumatic brain injury.
- Whiplash.
If you or a loved one have experienced an injury in a motorcycle accident, please seek medical aid immediately. Regardless of how minor your injuries may be, the cost of ignoring the pain can be extreme both for your long-term health and for your bank account.
Please contact our law firm to discuss possibly recovering maximum compensation for your injuries and suffering today.
What Causes Motorcyclists to Crash?
As we study traffic accidents, we make changes to how we build our roads, how we design our vehicles, and how we craft our laws. Despite these advancements, traffic accidents and fatalities continue and often create sad new statistical records.
If there is any one cause that we can point to and say is a new factor in the cause of accidents on America’s roadways, it is cell phones and those who text and drive. Distracted driving is an increasingly common danger in the age of personal handheld technology, and when drivers take their eyes off the roads, mistakes happen, sometimes with catastrophic consequences.
Common causes of motorcyclist accidents include:
Dangerous Weather Conditions:
Adverse weather, such as rain, snow, or fog, can significantly increase the risk of motorcycle accidents. Slippery roads, reduced visibility, and strong winds make it challenging for motorcyclists to maintain control, leading to a higher likelihood of crashes.
Defective Motorcycle:
If a motorcycle has a manufacturing defect, such as faulty brakes or tires, the manufacturer could be held liable for accidents caused by these defects. It’s essential for riders to ensure their bikes are properly maintained and any recalls are addressed.
Distracted Driving:
Motorists who are texting, eating, or otherwise distracted while driving pose a severe risk to motorcyclists. Even a momentary lapse in attention can result in a devastating collision.
Door Accidents:
These accidents occur when a car door is suddenly opened into the path of an oncoming motorcycle. Riders often have little time to react, leading to serious injuries. Motorists must check their mirrors and blind spots before opening doors.
Driver Fatigue:
Tired drivers are less attentive and slower to react, which can be dangerous for motorcyclists. Fatigued driving can lead to poor decision-making and an increased risk of collisions with motorcycles.
Driving Under the Influence of Drugs:
Drivers under the influence of drugs may experience impaired judgment, slowed reaction times, and poor coordination, making them a significant threat to motorcyclists on the road.
Drunk Driving:
Alcohol severely impairs a driver’s ability to operate a vehicle safely. Drunk drivers are responsible for many motorcycle accidents, as their ability to judge distances and react to road conditions is compromised.
Failure to Yield:
When motorists fail to yield the right of way, especially at intersections, they put motorcyclists at extreme risk. This failure is a common cause of collisions that could have been prevented with proper attention.
Inexperienced Drivers:
Drivers who lack experience may not fully understand how to share the road with motorcyclists. Their inexperience can lead to errors in judgment, such as misjudging a motorcycle’s speed or distance.
Missing or Incorrect Traffic Signage:
Inaccurate or absent traffic signs can create confusion on the road, leading to accidents. Motorcyclists rely on clear signage to navigate safely, and any errors can have severe consequences.
Motorcycles Driving in Between Lanes (Lane-Splitting):
Lane-splitting, where motorcyclists ride between lanes of slow-moving or stopped traffic, is legal in some states but can be risky. Drivers may not expect a motorcycle to pass between lanes, leading to potential collisions.
Motorcycles Get Lost in the Blind Spots of Other Drivers:
Due to their smaller size, motorcycles can easily be lost in a driver’s blind spot. If a motorist fails to check their blind spots thoroughly before changing lanes, it can result in a collision with a motorcyclist.
Road Rage:
Aggressive driving behaviors, such as tailgating or intentionally cutting off a motorcycle, can escalate into road rage incidents. These situations are particularly dangerous for motorcyclists, who have less protection than car drivers.
Roadway Disrepair:
Potholes, cracks, and uneven surfaces can be hazardous for motorcycles. Poorly maintained roads increase the risk of losing control and crashing, especially at higher speeds.
Sudden Stops by Motorists Ahead of the Motorcyclists:
When a car suddenly stops in front of a motorcycle, the rider may not have enough time to brake safely, leading to a rear-end collision. Such accidents are often severe due to the motorcycle’s lack of protection.
Unsafe Lane Changes:
Motorists who change lanes without signaling or checking for motorcycles put riders at significant risk. These abrupt lane changes can lead to collisions if the motorcyclist is caught off guard.
Each of these factors highlights the vulnerabilities motorcyclists face on the road and underscores the importance of vigilance from all drivers to ensure everyone’s safety.
Is Texas a No-Fault State?
Texas is an at-fault state. This means that blame is assigned to the party deemed responsible for the accident. If the at-fault party cannot pay the settlement for the accident, then it will fall to the driver’s insurance company to pick up the bill.
To make matters more complicated, the Lone Star State operates under a modified model of comparative fault, wherein more than one party can be held accountable for the accident. For example, if it is determined that two parties were at fault, one having 70% of the blame while the other is responsible for the remaining 30%, then the settlement’s payment will accordingly be split 70/30.
Winning or losing a case can come down to establishing negligence on the part of the other driver or drivers. This may sound straightforward, but it’s often not. For this reason, it is advisable to hire professional legal counsel to investigate the motorcycle accident claim and build a strong case.
As your attorneys, we will review all documented evidence from the scene of the crash, examine the police reports, seek out eyewitness testimonies, speak with experts in the field of traffic accident reconstruction, and review your relevant medical records in an attempt to build the most robust case possible.
What Sort of Damages Could Motorcycle Accident Victims Receive in Compensation?
Your motorcycle accident lawyer will attempt to recover a fair settlement for your accident and any related injuries. This settlement may take the form of economic and non-economic damages.
Economic damages may include:
- Lost ability to earn future income.
- Lost wages.
- Medical bills.
- Physical therapy.
- Property damage.
- Wrongful death.
Non-economic damages may include:
- Disfigurement.
- Emotional pain.
- Lost companionship or lost consortium.
- Lost quality of life.
- Mental anguish, pain, and suffering.
- PTSD.
Schedule a Free Case Evaluation with Experienced Motorcycle Accident Attorneys Today
If you have suffered a catastrophic injury in a motorcycle accident on the streets of Houston, you have the legal right to pursue compensation from any negligent parties. However, this may be no easy task, and it could be made all the more difficult by your injuries and state of recovery.
We’re here to help.
The Shariff Law Firm represents accident victims hoping to make things right, recover fair compensation for their troubles, and help them get back to daily life without worrying about the financial burden of their injuries.
Contact our Houston law offices to schedule a free initial consultation with an experienced legal team member. This is a risk-free, zero-obligation consult.
We would be proud to serve you and your family as we attempt to help you through this difficult time.
Please call us at (713) 881-9739.
Motorcycle Accident FAQs in Houston
- What should I do immediately after a motorcycle accident in Houston?
- Ensure your safety first, then call 911 for medical assistance and to report the accident. Gather evidence, take photos, and exchange information with other parties involved. Seek medical attention, even if you feel fine.
- How do I prove the other driver was at fault in my motorcycle accident?
- Fault is typically proven through evidence such as police reports, witness statements, traffic camera footage, and expert testimony. An experienced attorney can help gather and present this evidence effectively.
- Can I still recover damages if I was partially at fault for the accident?
- Yes, Texas follows a modified comparative negligence rule. As long as you are less than 51% at fault, you can recover damages, though your compensation may be reduced by your percentage of fault.
- What types of compensation can I receive after a motorcycle accident?
- You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages if the other party’s actions were particularly reckless.
- How long do I have to file a claim after a motorcycle accident in Houston?
- In Texas, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. It’s important to file within this timeframe to preserve your rights.
- Should I accept the insurance company’s settlement offer after my motorcycle accident?
- It’s advisable to consult with an attorney before accepting any settlement offer. Insurance companies often offer low settlements that may not fully cover your losses. An attorney can help negotiate a fair amount.
- What if the driver who hit me doesn’t have insurance or is underinsured?
- If the at-fault driver is uninsured or underinsured, you may be able to file a claim under your own insurance policy’s uninsured/underinsured motorist coverage. Your attorney can explore all available options for compensation.
- Can I sue the manufacturer if my motorcycle had a defect that caused the accident?
- Yes, if a defect in the motorcycle or its parts contributed to the accident, you might have a product liability claim against the manufacturer or distributor. An attorney can help determine if this is applicable in your case.
- What if I wasn’t wearing a helmet during the accident? Can I still file a claim?
- Yes, you can still file a claim, though not wearing a helmet may impact the amount of compensation you receive, especially if your injuries were exacerbated by the lack of a helmet. Texas law only requires helmets for riders under 21, or those without health insurance.
- How can a motorcycle accident attorney help me with my case?
- An attorney can assist by investigating the accident, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They ensure that your rights are protected and that you receive fair compensation.
- What are common causes of motorcycle accidents in Houston?
- Common causes include distracted driving, speeding, unsafe lane changes, failure to yield, road rage, and poor road conditions. Understanding the cause can be crucial in establishing fault.
- What types of injuries are common in motorcycle accidents?
- Common injuries include fractures, traumatic brain injuries, spinal cord injuries, road rash, and internal injuries. Motorcycle accidents often result in more severe injuries due to the lack of protection compared to cars.
- Do I need to hire an attorney for a motorcycle accident case?
- While not required, hiring an attorney can significantly improve your chances of receiving full compensation. An attorney understands the complexities of motorcycle accident claims and can navigate the legal process on your behalf.
- What if the accident involved a commercial vehicle or truck?
- Accidents involving commercial vehicles or trucks can be more complex due to the potential involvement of multiple parties, such as the driver, the trucking company, and insurers. An attorney experienced in these cases can help manage the complexities.
- How much does it cost to hire a motorcycle accident attorney in Houston?
- Most motorcycle accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This fee is typically a percentage of your settlement or award.
These FAQs provide a general overview of what you need to know if you’re involved in a motorcycle accident in Houston. If you have more specific questions or need legal assistance, contacting an experienced attorney is crucial to navigating the complexities of your case.