Lacking the protection of a steel passenger compartment, a motorcyclist is much more vulnerable to serious injuries when struck by a car or truck. The violent impact of a collision can throw a rider off a motorcycle and cause serious injuries and in some cases fatal injuries —whether or not the rider is wearing a helmet.
When motorcycle crashes occur, the other driver is often at fault. Claims by the at-fault driver of a car or truck that they did not see the motorcycle provide little comfort to the seriously injured motorcyclist and the rider’s family whose lives have been shattered.
You need trusted guidance from motorcycle lawyers who know Texas law and have helped thousands of people.
The Corpus Christi motorcycle accident injury lawyers at Herrman & Herrman, P.L.L.C., guide motorcyclists and their loved ones through the process of recovering financially and physically after a serious motorcycle accident. We will stand by you.
Our attorneys care about the people in South Texas who turn to us for assistance. If your injuries limit your mobility, one of our attorneys can meet with you at your home, hospital room, or other location convenient to you. Our attorneys will advocate aggressively for you throughout the process of pursuing a motorcycle accident claim. We will investigate the accident carefully and pursue the maximum compensation available. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Brownsville, McAllen, San Antonio, Houston, and Ft. Worth, TX.
Top Mistakes to Avoid After a Motorcycle Accident in Texas
If you’re a motorcycle rider in San Antonio, you’re likely already aware of some of the risks of the road. So, you’ve made sure to wear your helmet, to don your long sleeve full leather outfit, to wear your protective boots, and you’ve even made sure to get your motorcycle tuned up on a regular basis. However, perhaps even after following all these rules and guidelines, you still were involved in a motorcycle accident. Here are some of the top mistakes to avoid if you were involved in a motorcycle accident in Texas.
Mistake #1: Not Tending to Injuries
The absolute number one thing you need to do if you’ve been involved in an accident of any kind—car, pedestrian, or motorcycle—is to make sure you’re tending to your own injuries and the injuries of others involved. Even if you’re wearing all the correct protective motorcycle gear, you may still be seriously injured if you were involved in a motorcycle accident.
Mistake #2: Fleeing the Accident Site
Whether you’re in a car accident or a motorcycle accident, fleeing the scene of the accident is a major mistake. Even if you do not have insurance, it’s very important that you stay at the scene of the accident and answer any and all questions from the Texas police department and from emergency medical services personnel.
Mistake #3: Delaying Seeking Legal Help
If you were in a motorcycle accident, it’s important that you seek legal help to get support in fighting for any compensation you may be owed as a result of injuries or other damages from the accident, especially if you’re not at fault.
Mistake #4: Failing to Retain an Experienced Motorcycle Accident Lawyer in Texas
Second to delaying in finding an attorney after your motorcycle accident, a big mistake you can make is not hiring the right lawyers. Make sure that you do your research and only work with experienced motorcycle accident attorneys in Texas. A skilled Texas lawyer will help you get any compensation you are owed from your accident
How Motorcycle Accidents Most Commonly Occur
Motorcycles are some of the most freeing vehicles money can buy. Many motorcyclists love the feeling of the pavement beneath their wheels and the wind whipping past their ears. However, motorcycles also present many dangerous situations for the rider and those around them. If you’re a motorcyclist or you’re just looking to learn more about how motorcycle accidents commonly occur, here are some of the most likely ways.
It was found that in the portion of motorcycles accidents that occur because of motorcycle-on-vehicle collisions, the majority occur when cars hit motorcycles head-on. Often, these types of accidents are fatal.
Vehicles Taking Left Turns
Left turns taken by cars present another opportunity for motorcycle accidents. Often, when cars turn left, they can strike motorcyclists who are trying to overtake the vehicle, who are trying to travel straight through the intersection, or who are trying to pass the car altogether. Cars making left turns often do not check their left blind spots, and even then, motorcycles may be difficult to see because they are smaller than other vehicles.
Illegal lane-splitting accounts for another percentage of motorcycle crashes. Lane splitting is a practice wherein motorcyclists will share a lane beside a car or will weave through traffic. While this tactic is useful for avoiding long lines of traffic as a motorcyclist, it is also incredibly dangerous and, for that reason, is illegal in most states. Lane splitting leaves very little room for cars and motorcycles to maneuver and react to traffic changes, resulting in accidents.
When Motorcycle Accidents Get Deadly
Motorcycle accidents can turn especially deadly when safety precautions are not taken. If the cyclist has not taken the proper certification course to drive the motorcycle, more accidents may occur. Accidents may also happen more often if the cyclist is driving the motorcycle while impaired by drugs or alcohol. If the cyclist is not wearing a helmet, padding, or full sleeves and pant legs, they may also incur more deadly injuries from a crash.
Important First Steps After Being Injured in a Motorcycle Accident
Motorcycles are great for thrills, but they can also be incredibly dangerous. When you’re cruising the open road on a great motorcycle, the last thing you want to think about is what to do if you crash. However, it’s important to know what the initial steps should be if you do get into an accident. Also, it bears mentioning that you should be properly licensed to operate it before you mount a motorcycle. You should be wearing all the appropriate safety gear like full pants, a protective jacket, and a helmet. Here are some of the most important first steps to take if you have been in a motorcycle accident.
Seek Medical Attention
In any case, where someone is injured, it is imperative to seek proper medical attention and cooperate with all first responders. Once you have tended to your injuries, you can concern yourself with other aspects of the motorcycle accident.
Report the Accident
After you have tended to injuries, you should make sure the accident is properly reported to the local law enforcement department.
Exchange Contact Information
If possible, exchange contact information, including name, telephone number, email, and home address, with everyone involved in the accident. This will make future dealings with insurance agencies and legal counsel much easier.
Record Everything You Can About the Crash
If you can, take pictures of everything at the accident site, including damage to cars and the motorcycle. You should also contact anyone who witnessed the accident to get their eyewitness account of the incident.
Keep All Receipts Associated With Your Accident
If you had to incur numerous medical costs associated with your injuries from the accident, keep the hospital or doctor’s records. You should also keep receipts for any other payments made as a result of the accident and keep a written record of any changes to your job status.
Seek Legal Counsel
If you were not at fault for the accident, it is important to contact a personal injury attorney. You may be eligible to recover some of the financial damages you incurred from your injury with the help of a lawyer.
Top 5 Settlement Factors in a Motorcycle Accident Case
Year after year, the number of motorcycle accidents and related deaths has steadily increased across the United States. In fact, statistics show that motorcycle fatalities are at their highest since 2008.
The truth is that motorcyclists don’t have the best reputation amongst other drivers. They are often perceived as reckless, and this does not bode well in a personal injury case where you may have suffered a motorcycle injury.
Settlement Considerations in a Motorcycle Injury Lawsuit
Choosing to own and drive a motorcycle carries as much risk as it does to drive any other vehicle. Especially since accidents happen, and they’re not always your fault.
When injured in a motorcycle accident, you have every right to claim compensation for your injuries, pain, and suffering. And yes, your best bet in claiming the settlement you deserve is to hire an experienced personal injury attorney for the task.
But before you do so, here’s a little more information on motorcycle injury settlements:
1. Proving Fault with a Traffic Citation
The most important aspect of any personal injury claim is to determine the fault of the other driver. A great piece of evidence to use in your case is a traffic citation.
If the at-fault driver is issued a traffic citation after the accident took place, this is used as evidence to prove their negligence. Ultimately, proof of their negligence plays a significant role in receiving any form of settlement compensation.
2. Was the At-Fault Driver Impaired in Any Way?
If there is evidence that the at-fault driver was impaired in any way, this means you stand a good chance of receiving a decent settlement. But this is most likely settled out-of-court between lawyers, to avoid a trial.
What counts as driver impairment? This includes intoxication from either alcohol or drugs, sleep deprivation, distraction, poor eyesight, and a number of other things.
3. Insurance Policy Coverage and Limitations
It’s important to bear in mind that a settlement amount does not usually exceed the insurance coverage limits of a defendant’s auto insurance. Especially if a defendant has few other assets to offer.
If your case is presented before a jury, a settlement amount could exceed insurance coverage limits. But you may not be able to collect this amount as a lump sum.
This is where the expertise of a personal injury lawyer could help you in receiving the best amount of compensation for your particular case.
4. Are You, the Motorcyclist, Partially to Blame?
Another important consideration regarding your settlement is whether you are to blame for any portion of the accident.
In this case, this means that the damages you receive could be reduced by a proportionate amount for which you are responsible for the accident.
This is known as comparative negligence and can significantly affect your settlement amount.
5. The Extent of Your Injuries, Pain, and Suffering
According to research, motorcycle drivers are far more likely to suffer severe injuries than those involved in automobile accidents. And understandably so.
The compensation you receive will be largely based on the extent of your injuries, your medical bills, rehabilitation costs, and more. You are also liable to claim for lost wages if you’re unable to work as well as costs associated with pain and suffering.
How A Texas Motorcycle Accident Lawyer Can Help
Motorcyclists are five times more likely than occupants of a car or truck to be injured in an accident, according to the Texas A&M Transportation Institute. Crashes involving motorcycles often cause severe injuries such as traumatic brain injuries, neurological injuries, neck injuries, and spinal injuries that have lasting effects.
An injured rider may be unable to return to work and need assistance with daily tasks. Some riders may lose a limb or be paralyzed.
If you or your loved one has been involved in a motorcycle accident and seriously injured, you will need all the resources available. When our attorneys handle cases on behalf of seriously injured motorcyclists, we analyze the accident to identify all the potentially responsible parties and their insurance companies.
We also work with life planners to develop estimates of your future treatment needs and living expenses related to the injury. It is important to take into account future medical costs and loss of income in addition to your current medical bills when preparing a claim for compensation.
Our motorcycle accident attorneys negotiate aggressively on behalf of our clients for a settlement that reflects the severity of the motorcyclist’s injuries. A settlement is the quickest way to get the money that you need to regain control of your life.
But in some instances, an insurance company simply refuses to do what is right. Our attorneys are prepared to go to court and seek justice and we are confident of our litigation skills.
If you or your loved one has been injured in a motorcycle crash caused by someone else, take advantage of a free consultation to let our attorneys explain how we can assist you.
Motorcycle Accident Claim FAQ
If you were hurt in a motorcycle accident or if your loved one was killed in a crash, the understanding and compassionate motorcycle accident attorneys of Herrman & Herrman are here to help you through this challenging time. We provide the support and legal knowledge you’ll want and need on your side.
We’ve provided answers to some frequently asked questions about motorcycle accidents, and our attorneys are available to answer specific questions about your case when you reach out to us. Our consultations are free and confidential, so don’t delay in getting the answers you need.
While all riders hope that they’ll never have to experience a crash, it is crucial to be prepared and know the techniques that could help them avoid severe injury. Some tips that could preserve your health in a crash, or possibly save your life:
- Apply the front and rear brakes to the best of your ability to slow the vehicle down before the crash.
- If possible, choose the safest and softest spot to go down.
- Once you’ve fallen, be sure to let go of the motorcycle to avoid being crushed by it.
- Tuck in your ams and legs and try to roll as best you can. Keeping them tucked in could help prevent broken bones, as opposed to sticking your arms out to brace for impact.
- Try to relax as you fall, to prevent ligament and tendon tears that can happen more easily if your body is tense.
After the crash, get out of an active traffic lane to a safe location if you are able to do so. Check yourself for injury. If you’re seriously hurt, call an ambulance or have someone else summon emergency medical services to the scene right away.
If you are not severely injured, contact law enforcement and remain at the scene. Police can help manage the scene of the crash and help injured individuals get medical attention. They will investigate the crash. They may cite a driver whose actions caused the accident.
You will want to get the name, driver’s license number, and license plate number of the other parties involved, as well as their insurance information. When there are other people who happened to see the accident, ask them for their names and phone numbers in case they are needed as witnesses.
Be sure to take as many pictures of the accident scene as possible, including the position of your motorcycle and of the other vehicle involved, any skid marks or other conditions at the scene, and anything else that might be useful as evidence if you have to file an injury claim.
If you are contacted by another driver’s insurance company, decline to speak to insurance company representatives for the other party until you have consulted a personal injury attorney to look out for your interests.
If you’ve been hurt in a motorcycle crash, there may be a variety of insurance policies available to help you with your medical expenses, repairs to your bike, and other costs. If the crash was caused by another driver, you may file a claim against his or her auto liability insurance. Your own uninsured/underinsured motorist policy may come into play if the at-fault driver was uninsured or your damages exceed the other driver’s liability policy limits.
You should notify your insurance company as soon as possible after a crash. The insurer will need to document the accident. If you are approached by representatives for the other person’s insurance company, you should politely refuse to speak with them until you’ve consulted a personal injury lawyer.
Your lawyer will handle all communications with the insurance company to make sure that you do not make any statements that could harm your claim. Your lawyer will negotiate for a settlement that covers your costs, and will file a lawsuit if necessary, to get what you are owed.
All insurance companies have the same goal of keeping costs low to maximize profits, so they will try to settle any injury claim for as little as possible. Most insurers will look for ways to claim that people were to blame for their own accidents to justify denials of claims.
You may be able to handle a claim involving only property damage on your own. But you will need the help of an experienced accident attorney for any crash that caused injuries or death. It can still be challenging to get what you’re owed whether fault is disputed or not.
Any motor vehicle accident that you are involved in can affect your automobile and motorcycle insurance rates.
In most cases, your rates will be most heavily impacted if you are at fault for the crash. If you were cited for recklessness or negligence, or if your actions caused someone to suffer serious injuries or lose their life, you will likely see your rates increase significantly.
A single accident that was caused by another party should not negatively impact your insurance rate. Your rates could be impacted, however, if you’ve been in multiple crashes. This is because your insurer will take into account the cost of insuring you and the increased likelihood that you’ll be involved in a crash again.
Generally speaking, a good settlement is one that covers all of your past, present, and future expenses related to the crash.
Many insurance companies are well aware of the financial straits that motorcycle accident victims can face after crashes. Insurers try to exploit this situation by offering victims quick lump sum settlements to resolve their claims and limit the insurer’s liability.
While these offers may seem adequate at first, most initial offers are not close to what the victim should receive. Accident victims often make the mistake of accepting an early settlement offer, only to discover that it won’t cover all of their costs, leaving them with no legal recourse to secure more compensation.
An attorney can negotiate a settlement on your behalf and prevent you from being taken advantage of by an insurance company.
The first thing many motorcycle accident victims want to know when speaking to an attorney is what their case is worth. It is a complex question to answer because so many things need to be considered when assigning a potential value to a motorcycle crash case.
The first thing most people will consider is the present cost of their medical bills. As part of that, you must keep in mind your future costs related to medical treatment.
There also should be consideration given to the impact that motorcycle accident injuries will have on a victim’s ability to return to work and earn a living. You may no longer be able to handle the physical demands of your former job. You may have to take a job that pays less than you previously earned. You may claim loss of income or earning capacity among your losses from the accident
One of the major factors when considering the value of a motorcycle accident case concerns fault. A person who was injured because of another driver’s negligence and did not do anything that caused an accident will be in a stronger position than somebody who may have contributed to the crash.
Motorcycle crash cases can take several months up to a year or longer before they are settled.
The insurance company for the other party might offer you a quick settlement. These initial settlement offers are usually low-ball offers designed to get you to go away. It is usually not in your best interest to settle quickly. You should not settle until you have a good idea of the scope of your medical treatment and the impact of the injuries on your future.
Most cases are resolved by settlements rather than going to trial. Even after a lawsuit has been filed, the two sides might reach an agreeable settlement at any time. A case that does go to trial could result in a motorcycle accident victim being awarded compensatory damages.
Because every case is different, it is impossible to set a specific timetable for your settlement. However, an experienced lawyer will be able to tell you how your case will proceed. The attorney will discuss the strategy for getting you the compensation you deserve.
The experienced motorcycle accident attorneys at Herrman & Herrman handle injury cases on a contingency-fee basis. Under this arrangement, accident victims won’t have to pay any attorneys’ fees out of pocket. Instead, the attorney will get paid a portion of any settlement or court award obtained.
At Herrman & Herrman, our firm handles motorcycle injury cases on a contingency fee basis. We believe every motorcycle injury victim deserves quality legal representation without having to worry about how to afford an attorney. We will fight aggressively for you, and we’ll only get paid if you get paid.
Motorcycle Crashes in Texas
Texas ranks among the states with the highest number of people injured and killed in motorcycle accidents each year, according to the latest data from the National Highway Traffic Safety Administration. 501 motorcyclists died in crashes in Texas in 2017, and another 2,101 were seriously injured, according to the Texas Department of Transportation.
Common Causes of Texas Motorcycle Accidents
- Many of those were preventable accidents caused by careless or inattentive automobile drivers. Nationwide, the number of people killed in motorcycle accidents has increased in the last decade, even as other types of vehicle accidents decreased.
- Most motorcyclists in our experience are safety conscious, practice motorcycle safety, and obey traffic laws. Half of the crashes involving cars and motorcycle accidents are caused by automobile drivers who failed to see a motorcyclist or misjudged the speed of the approaching biker.
- Many crashes occur at intersections as cars and trucks are making left turns. The car turns in front of the oncoming motorcycle, failing to yield, and the motorcyclist cannot avoid a collision.
- Automobile drivers are often looking for larger objects such as cars and trucks and overlook a motorcycle, which has a narrow profile. The driver may be talking on the phone and not focused on the road.
- If a car turns unexpectedly in front of a motorcycle, the motorcyclist may be unable to avoid hitting the car and be ejected onto the pavement. Drivers may fail to see a motorcyclist in a vehicle blind spot and move into the rider’s lane, striking a rider or forcing a rider off the road.
Contact a Texas Motorcycle Accident Lawyer
At Herrman & Herrman, P.L.L.C., we recognize that a serious injury can cause added financial stress if you have been unable to work for many weeks or months. If your motorcycle accident was caused by another driver, you can have quality legal representation without paying any money out of pocket.
If your case is one that we can take, our South Texas motorcycle accident injury lawyers will handle your accident case on a contingency fee basis. We will advance the costs of pursuing your case and you will not owe any money unless we obtain a settlement or a jury verdict on your behalf. That is our way of putting our clients’ interests first.
If we recover the money, then we will receive an agreed-upon amount of the settlement as payment for our legal services and expenses.
Call to schedule a free review of your motorcycle accident by a knowledgeable Corpus Christi motorcycle accident lawyer. Our attorney will review the specific circumstances of your accident and explain your legal options for seeking compensation from the at-fault motorist. Your initial consultation and case evaluation are free. We are available to help.
Your Texas Law Tigers Motorcycle Accident Lawyers
Herrman & Herrman is a proud member of Law Tigers, America’s Motorcycle Lawyers. As the Law Tigers attorneys in San Antonio / Corpus Christi / Rio Grande Valley, our firm has the knowledge and resources to support the motorcycle industry and the riding community.
Since many of us ride too, we understand the challenges that you’re facing and we’ll help you get through this difficult process. Our Law Tigers attorneys will provide you with the representation you deserve, along with access to our comprehensive knowledge of motorcycle laws and motorcyclist rights.
As a member of Law Tigers, our attorneys are equipped with the means to present a strong case that provides you with the compensation to which you are entitled.
Our Law Tigers motorcycle accident attorneys are available for free consultations, where we provide free legal advice and experienced representation. We work on a contingency basis, so there are never up-front charges to you – our Law Tigers attorneys only receive legal fees when you receive your compensation.