Since motorcycles can reach the same speeds as cars but offer much less protection to their riders, motorcycle accident injuries tend to be severe and debilitating. All it takes is one reckless or negligent driver to change a motorcycle ride from pleasant to deadly.
If you or a loved one has been injured in a motorcycle accident, contact the law offices of the Hernandez Law Group, P.C. These types of accidents are often traumatizing, so contact us to make sure you get the compensation you deserve after a motorcycle crash.
Why You Need a Dallas Motorcycle Lawyer
Having an experienced motorcycle accident attorney by your side after an incident is your best chance of getting the compensation you deserve to cover medical expenses and damages. The attorneys at the Hernandez Law Group, P.C. have a proven track record in helping countless motorcycle accident victims across the state of Texas get compensation to aid in their recovery. With an over 98% success rate and hundreds of millions of dollars recovered for our clients, it is no wonder that more and more individuals are turning to the Hernandez Law Group for their legal representation after an accident.
Do Not Allow the Insurance Companies to Bully You Into Accepting Less Than You Deserve
Insurance companies are notorious for making it seem like they put the public and their clients first. However, this is, sadly, rarely the case. Insurance companies are businesses and they have a hidden agenda to pay out as little money as possible so they can make a large profit. Additionally, insurance companies seem to have a particular bias specifically with motorists.
The attorneys at the Hernandez Law Group, P.C. do not stand for bullying behavior, especially when it comes from biases based on stereotyping. Our motorcycle accident attorneys will help navigate through the tricky paperwork and conversations that happen between you and the insurance companies after an accident so that they can’t bully you into settling for less.
Our Attorneys Ensure That a Clear Picture is Painted as to What Happened During the Accident
We fully understand that sometimes, motorcyclists can be falsely accused as the responsible party or have partial responsibility for an accident due to stereotyping. Police officers, the other driver, and even witnesses may shift the blame to the cyclist without having the full picture. Protect yourself by investing in motorcycle attorneys who will work tirelessly to gather the evidence needed to show what happened during the accident. With our competent attorneys on your side, you will have a legal advocate who will act as your voice, ensuring that you get the compensation you deserve.
Common Causes of Motorcycle Accidents
While drivers may look out for other vehicles on the roadway, they often fail to look out for smaller vehicles such as motorcycles. The most common causes of motorcycle accidents are:
- Left-hand turns: Drivers must watch for people coming from the left or the opposite direction when turning left without an arrow. They should look out for everyone – including car drivers, pedestrians, cyclists, and motorcyclists. Unfortunately, left-hand turns lead to 42% of all car-motorcycle accidents.
- Following too closely: To avoid a rear-end collision, drivers must maintain a safe following distance. Since motorcycles can stop faster than cars, drivers need to maintain a greater following distance behind bikers.
- Lane changes: Since motorcycles are relatively small, they tend to be in a driver’s blind spot when they are next to a car. When a driver does not thoroughly check their blind spot, they move into a biker, potentially pushing them off the road and leading to a crash.
- Lane splitting: When a motorcyclist lane splits, it is hard for drivers to see them coming, especially when the biker is moving at high speeds. In many states – including Texas – lane splitting is illegal.
- Poorly maintained roads: The government needs to maintain roads. Roads in bad condition may cause vehicles to crash. This is especially true for motorcycles since it only takes a small pothole to cause a biker to crash.
- DUI: Driving under the influence impairs any vehicle driver’s ability to drive properly.
- Speeding: Speeding remains one of the most common causes of vehicle accidents. High speeds can quickly escalate a motorcycle collision from serious to fatal.
- Fixed objects: When drivers do not secure their cargo correctly, they may drop items into the roadway. While these objects may cause only minor damage to cars, they can cause serious accidents for motorcyclists.
How to Avoid Motorcycle Accidents
While car drivers often cause motorcycle accidents, there are steps that bikers can take to reduce their chances of getting into a wreck:
- Get a motorcycle license: Not all states require a motorcycle license, but some states, including Texas, do. Motorcycle driver’s education is important for ensuring you know how to properly operate your motorcycle on the road.
- Do not lane split: There is a reason lane splitting is illegal in Texas – it is incredibly dangerous and is one of the leading causes of motorcycle accidents.
- Maintain your motorcycle: Just as with any vehicle, it is important to get your motorcycle routinely maintained. This will help you avoid breakdowns on the road.
- Look out for road hazards: It is important to watch for hazards on the road and avoid them to avoid getting into a crash.
- Do not drive under the influence: Even over-the-counter medications or a single beer can impair your ability to ride a bike. Always make sure you are clear-headed before getting on your motorcycle.
- Watch out for cars being operated recklessly: Drivers who drink, text, road rage, or otherwise make poor decisions on the road often cause accidents. By watching out for and staying away from weaving or aggressive drivers, you can reduce your chances of being hit.
Unfortunately, even if you take all of these precautions, you may still be the victim of a vehicle accident. If this happens, contact the motorcycle accident attorneys at the Hernandez Law Group, P.C. We can deal with the insurance companies and the lawsuit filing process for you.
Common Motorcycle Accident Injuries
Since bikers are not as protected in their vehicles as other drivers, motorcycle injuries tend to be much more severe. Common motorcycle accident injuries include:
- Road rash: Skin abrasions commonly occur to motorcyclists when flung from their bikes after an accident. Bikers need to wear proper clothing to avoid getting a serious road rash.
- Spinal injuries: Being tossed onto the road, flung into other vehicles, or brought to an abrupt stop can lead to serious spinal cord injuries for motorcyclists. These types of injuries may range anywhere from whiplash to total paralysis.
- Broken bones: Motorcycle accidents can lead to multiple broken bones when a biker is tossed after a crash.
- Traumatic Brain Injury (TBI): TBI is an unfortunately common injury after a motorcycle crash – especially for bikers who do not wear their helmets.
How Much Protection Does a Helmet Offer to a Motorcyclist?
Helmets are vital for preventing serious injury after an accident. The Centers for Disease Control estimates that helmet use has reduced the chance of motorcyclist fatalities by 37% and the chance of serious injury by 69%. This is why most states have laws requiring helmet use for bikers.
Texas requires that all riders under 21 wear helmets when on a motorcycle. The law does not apply to riders or drivers over 21 as long as they take a motorcycle safety course or purchase health insurance that specifically covers motorcycle injuries.
Motorcycle Crash Statistics
The most recent data from the Texas Department of Transportation reports that there were 562 motorcyclists (operators and passengers) killed in 2022 in Texas. Thirty-nine percent of motorcyclists killed were not wearing a helmet at the time of the crash.
Motorcyclists are 5 times more likely than drivers of passenger vehicles to be injured in an accident and they are 28 times as likely to die in a crash. It is estimated that of the bikers involved in accidents, over 1,000 of them avoided death because they were wearing a helmet.
Which Bike Has the Most Accidents?
Although sport and supersport motorcycles comprise only a small percentage of bikes on the road, they account for a relatively high percentage of motorcycle accidents. Supersport motorcycles are the more dangerous of the two and lead to 4 times as many fatalities as conventional motorcycles.
Since the riders of supersport and sports motorcycles are usually under 30, those injured and killed in these accidents tend to be young.
Compensation You Can Claim After a Motorcycle Accident
Injured parties from a motorcycle accident can claim compensation for the following:
- Medical expenses, both current and future
- Lost wages
- Lost earning potential
- Damages to personal property
- Pain and suffering
- Punitive damages (in cases of gross negligence)
- Loss of consortium (in cases of wrongful death)
- Loss of parental guidance (in cases of wrongful death)
How a Dallas Personal Injury Attorney Can Help
The attorneys at the Hernandez Law Group, P.C. can help you understand the value of your case and help you pursue the correct legal action to ensure that your case and recovery are successful. We do the following to ensure that your case is in the best hands:
- Compile and analyze evidence
- Advise you on how you should deal with the insurance company
- Help you file a claim or lawsuit
- Review any proposed settlement offers
- Negotiate the terms of the settlement
- Help you determine who the responsible party is
- Preparing to take your case to court
If you or a loved one has suffered an injury or death from a motorcycle accident, let the attorneys at the Hernandez Law Group, P.C. help. We will handle the insurance companies and the lawsuit filing process for you so you can focus on your recovery.
Juan Hernandez is a specialist in personal injury law and is one of the few attorneys who has been board-certified to practice personal injury law by the Texas Legal Board. Contact our team today and we will provide you with a no-cost, no-obligation consultation.
Motorcycle Accident FAQs
There is an overwhelming number of motorcycle accident attorneys across the DFW metroplex. Choosing the right one for your case can be difficult and make anyone feel like they are in over their head. However, these tips can help you choose the right personal injury attorney for your case:
– Look at their reputation and track record: How do their previous clients speak about them and what is their number of successful cases?
– Do they specialize in personal injury law? Attorneys who specialize in personal injury law know in depth the laws and regulations that surround these types of cases. They have a better chance of securing you a favorable outcome for your case.
– What does their communication and accessibility look like? Communication is key for a successful case. Choose an attorney who is responsive to your questions and concerns. They should also be providing regular updates on the progress of your case.
– Do they offer a no-win, no-fee contact? There are a lot of expenses that are involved with filing and litigating a personal injury claim. With a no-win, no-fee agreement, you will not be charged an upfront fee. These law firms will also not charge if your case is lost. If the case is won, then the attorneys will take an agreed-upon percentage of the settlement.
– Trial experience: Do they have experience both settling cases outside of the court and inside of the courtroom?
– What do their resources and support staff look like? A well-equipped legal team provides comprehensive support throughout your case.
– Do you trust them? If you get a bad feeling after speaking with the attorney, they may not be the one for you. A true attorney will demonstrate genuine concern for your well-being.
– Ask the following questions during the initial consultation:
– What is your experience in handling cases similar to mine?
– Can you provide examples of past cases you have successfully handled?
– Will there be any additional costs or expenses associated with handling my case?
– What is your assessment of my case? What are the potential outcomes?
– How long do you anticipate it will take to resolve my case?
– Will you be the primary attorney handling my case?
Compensation that can be claimed after a motorcycle accident includes the following:
– Medical expenses, both current and future
– Lost wages
– Lost earning potential
– Damages to personal property
– Pain and suffering
– Punitive damages (in cases of gross negligence)
– Loss of consortium (in cases of wrongful death)
– Loss of parental guidance (in cases of wrongful death)
In Texas, the statute of limitations for filing a motorcycle accident lawsuit is 2 years from the date of the accident.
In your initial consulting with your personal injury attorney, you will want to ensure that you have the following:
– Copy of medical records
– Photos of your injuries
– Photos of damages to your motorcycle or vehicle
– The police report from the accident
– Any witness information
– Photos of the accident site
– Any videos from the accident, as from a dash cam or go-pro
– Relevant receipts, such as from an auto-body shop
– Insurance information
– Pay stubs
– A written personal account of what happened during the accident