Adame Garza HTX Trial Lawyers
The lawyers of Adame★Garza LLP are dedicated to providing their clients with the highest level of attention. Both Miguel Adame and Johnny Garza are proud to represent both their English and Spanish-speaking clients through every step of the process.
When individuals are hurt or killed due to the negligent actions of another party, the liable party may be held responsible for any resulting damages. Unfortunately, many people who have been injured due to the fault of another person or entity, have never dealt with a lawyer or the legal system at all.
With limited protection from any impact, motorcyclists face increased risks on roads and highways. In 2018, nearly 5,000 motorcyclist fatalities occurred, according to the National Highway Traffic Safety Administration (NHTSA). Fatal vehicle accidents like these are an unfortunate reality for many Texans, with motorcyclists being particularly susceptible to roadway dangers. Negligence is a large contributor to motorcycle accidents; and, even a moment of unsafe driving can endanger the lives of riders.
Negligent actions that can cause a motorcycle crash include:
- driving under the influence of drugs or alcohol
- failure to yield or obey traffic signs
- changing lanes without checking for motorcycles
- driving while distracted by music, cellphones, or passengers
Any accident involving a motorcycle has the potential for severe injuries, as operators and passengers typically have very limited protection apart from helmets. Even a low-speed collision could send a bike skidding, severely injuring the operator and/or passenger. Although jackets, gloves, and other gear can reduce some damage, motorcyclists are still far more exposed to injuries than occupants in enclosed vehicles.
It is important for every motorcyclist to be well aware of the risks of injuries and to understand motorcycle safety. Every motorcyclist should have the proper safety gear. While Texas law exempts certain riders from wearing a helmet, it is wise to wear one; however, even the best helmet cannot completely protect someone from head and brain injuries. But, it can certainly reduce the chances of such as life-altering injury.
Motorcyclists must remain actively aware that their smaller vehicles are more difficult to notice – especially in today’s world of distracted driving. Motorcyclists should stay alert and aware of the traffic around them so they can react in time if a crash is about to happen. Just as with other types of vehicles, riders should never operate their motorcycles after drinking or using drugs. Even the most defensive driving cannot always prevent motorcycle accidents, so every rider should know their rights.
Motorcycle Accident Injuries
When a motorcycle accident happens, victims can suffer a wide range of different injuries. More often than not, motorcycle riders and/or passengers experience road rash or abrasions from contact with the road. Though injuries to the lower portions of the body are more common due to the weight of the bike, head injuries are also a major concern, especially for those who forgo wearing a helmet. Other severe injuries can include broken bones, skull fracture, brain trauma, spinal cord injury, and fractured vertebrae, among others.
The recovery from motorcycle accident injuries can place massive financial burdens on the shoulders of victims and their families via medical bills and other costs. Insurance companies may offer a seemingly large settlement to victims, but it’s imperative to ensure any payment accepted will fully cover all of the damages resulting from the incident. For example, a motorcyclist who fractures a vertebra in an accident may require months of physical therapy, special equipment such as a wheelchair, and long-term medications. They also may not be able to return to work for a long time, forgoing wages and other benefits. All of these costs add up more quickly than expected.
If crash does occur, the negligent party who caused the motorcycle accident should be held liable to help cover the victim’s costs. Most often, the driver of the vehicle involved in the crash is at fault. Sometimes, however, the incident can be caused by the city failing to maintain its roadways properly, causing a crash. Alternatively, a problem with the manufacturing or design or a motorcycle could also be to blame for any resulting injuries. An experienced Houston personal injury attorney can examine your situation to determine negligence and direct the process to obtain maximum compensation.
Frequently Asked Questions About Motorcycle Accidents
WHAT IS THE NUMBER ONE CAUSE OF MOTORCYCLE ACCIDENTS?
There are many common causes of motorcycle accidents, including driving under the influence, hazardous road conditions, and inclement weather. But the number one cause of motorcycle accidents in Texas is driver negligence. When a driver fails to see a motorcycle, is driving while distracted, fails to yield the right of way to a biker, or turns in front of a motorcyclist, they can quickly hit the motorcyclist and cause serious injuries or even kill the rider.
WHAT HAPPENS WHEN A CAR HITS A MOTORCYCLE?
Motorcycles are significantly smaller than passenger vehicles which puts riders at great risk. When a car hits a motorcycle, it will almost always seriously damage the motorcycle and severely injure or kill the rider and/or passenger. Motorcycle riders can be thrown from their bikes when hit by a car and can fly through the air or skid across the ground, resulting in devastating injuries. Cars that hit motorcycles can also pin a rider between the car and a hard surface causing paralyzing injuries.
IS IT WORTH HIRING A MOTORCYCLE ACCIDENT LAWYER?
Motorcycle accident lawyers are your best resource for making sure your needs are taken care of after being in a motorcycle crash. Those needs will vary depending on how injured you are and how much damage has been done to your motorcycle; however, no matter how minor or severe the situation, a motorcycle accident lawyer will have the experience and knowledge to guide you through this process. Insurance companies will often attempt to pay the smallest amount possible on your claim. An experienced trial lawyer will communicate with the insurance company and will fight for your rights as a victim. They will also gather evidence for your case and represent you in court.
WHAT KIND OF INJURIES CAN YOU GET FROM A MOTORCYCLE ACCIDENT?
Motorcycle accident injuries are some of the most devastating, as the motorcycle rider is not protected and any part of their body can be injured. One of the most common injuries seen in motorcycle accidents is a traumatic brain injury. Even if the motorcycle rider is wearing a helmet, traumatic brain injuries can occur. From concussions to brain bleeds, traumatic brain injuries can be extremely severe. Other serious injuries a rider can suffer in a motorcycle accident include:
- Spinal cord and nerve damage
- Lower limb injuries
- Broken or fractured bones
- Road rash
- Internal injuries and bleeding
- Crushing injuries
- Amputations and disfigurement
WHO IS LIABLE IN A MOTORCYCLE ACCIDENT?
When it comes to determining who is liable in a motorcycle accident, it usually is governed by the law of “negligence.” Drivers have a duty of care to others on the road and must do their best to avoid injuring other motorists, passengers, and pedestrians. If a driver is negligent and does not drive carefully, resulting in the injury of someone else, they may be help liable for the accident. A driver’s actions or inactions can be considered negligent if they fail to check a rear-view mirror, text while driving, or break the law by running a red light, for example. If they then hit a motorcycle, they would be legally responsible for the victim’s injuries.
WHAT SHOULD I DO AFTER A MOTORCYCLE CRASH?
After a motorcycle crash, there are some very important steps you need to take to ensure you recover from your injuries as well as collect fair compensation for your damages. The first step is to seek immediate medical attention for your injuries. This may mean calling emergency services after the accident. If you are physically able to, gather the contact information of anyone involved in the collision as well as photos and videos of the scene of the accident. Once you have documented all possible evidence, contact a motorcycle crash lawyer right away. They can help you communicate with the at fault party’s insurance company and ensure you get fair compensation for your damages.