Were you injured in a motorcycle accident caused by the negligence of another driver? While riding a motorcycle does mean accepting a higher risk of injury, that doesn’t mean you aren’t entitled to substantial compensation for the pain and suffering you have experienced as a result of someone else’s carelessness.
The Houston personal injury attorneys at Kherkher Garcia, LLP can help ensure that you are appropriately compensated for your injury. Motorcycles provide less protection to their riders than passenger cars or trucks. Even with modern safety gear, motorcycle injuries can be devastating, and the recovery process can impact both your quality of life and your ability to work.
At Kherkher Garcia, LLP, our seasoned attorneys have been representing motorcyclists injured in traffic accidents for over three decades, winning millions of dollars in awards and jury settlements. Our personal injury lawyers can help you figure out what your claim is worth and how to go about pursuing that claim with as little stress as possible so that you can focus on what matters most: your recovery.
No matter what you are driving, if another driver’s negligence causes you to crash, they may be liable for your injuries and losses. Contact the Houston motorcycle accident attorneys of Kherkher Garcia, LLP at (713) 333-1030 today for a free consultation about your case.
Causes of Motorcycle Accidents
Studies on motorcycle accidents have repeatedly shown that one of the most common causes of motorcycle crashes is the failure of other motorists to notice motorcycles and respect their right of way. Texas is statistically one of the most dangerous states for motorcycle riders, in large part because many other drivers do not know how to safely share the road with motorcycles.
On top of that, motorcycles are inherently more dangerous for their riders than cars are for their occupants. Cars have seat belts, airbags, and, most importantly, reinforced frames to protect their occupants. Motorcycles have none of these, and while helmets and protective gear can mitigate some accident damage, they are not really comparable to the safety features found in a modern car or truck.
Other causes of motorcycle accidents include:
Drivers who are Intoxicated
Unsafe Lane Changes
Poorly Maintained Roads
Common Motorcycle Accident Injuries
Motorcycle riders can take every safety precaution, including wearing a helmet and protective gear, and still suffer severe injuries in an accident. Common injuries a motorcyclist may sustain include:
- Neck and spinal cord injuries,
- Broken bones
- Lacerations and bruising
- Crushing injuries
- Facial injuries
- Internal bleeding
- Internal organ injuries
- Traumatic brain injury
These injuries can take months or years to heal, if they heal at all, and can lead to long-term conditions like arthritis, cluster headaches, or chronic pain. Even relatively minor injuries like sprains or road burn can significantly impact your ability to work and enjoy life in the short term.
Motorcycle Crash Statistics
- In 2018, according to the National Highway Traffic Safety Administration, American motorcyclists experienced 408 injuries and 24.83 fatalities per 100 million miles driven.
- Occupants of passenger cars experience on average .91 fatal accidents per million miles driven, which means that motorcyclists are more than 27 times as likely to die in a road accident as car drivers.
- An average of 1 motorcyclist dies in Texas every day.
- 412 motorcyclists were killed in Texas in 2019, and another 1,800 were seriously injured.
- In 2019, 48% of the motorcyclists who died in Texas and nearly 50% of those who were seriously injured were not wearing helmets at the time of the crash.
- 30 percent of Texas motorcycle fatalities occurred at intersections. Research indicates that motorcycle accidents often occur when other drivers fail to see oncoming motorcyclists and turn left into their paths.
- Texas is the second deadliest state for motorcyclists, with 46 fatalities per 10,000 registered motorcycles.
What Should I Do After a Motorcycle Accident?
In the immediate aftermath of a motorcycle accident, after you have called 911, get the name and insurance information of anyone else involved in the accident. Also, get the contact information of anyone in the surrounding area who may have witnessed the accident. Take numerous photos of the scene and all the vehicles involved.
Do not post the accident photos (or anything else) on social media. If the accident took place in an urban setting, check your surroundings for surveillance or traffic cameras. The footage can be used to prove the other motorist was at fault.
If you were injured in the accident but did not require an ambulance, be sure to see a licensed medical practitioner as soon as possible and keep records of their assessment. Carefully follow any instructions they give you regarding follow-up visits, rehabilitation, or pain management.
How to Determine Fault in a Motorcycle Accident
Our firm will consult with experts and private investigators in order to discover who was at fault in the accident and to gather evidence to make sure your claim is as strong as possible. Figuring out who was at fault can be more challenging than you might expect. In movies and television, traffic accidents are usually caused by a single reckless driver texting or driving while impaired. In reality, determining fault may be difficult. Our investigation can help us build a compelling case that shows the court that the negligent driver was at fault.
Texas uses a standard of modified comparative negligence to assign fault to the responsible parties in an accident. What this means is that the courts will try to figure out just how responsible each party is. In a two-party accident, fault may be split two ways. If one party is determined to be 75% at fault, the other may be considered only 25% at fault.
According to Texas law, if a party is more than 50% at fault, they cannot seek damages from the other party, even if their injuries are severe. Suppose, for example, you are deemed to have $50,000 in damages, but you are also found to be 20% at fault for the accident. If that’s the case, you will only be able to get $40,000 of compensation; $50,000 less 20%, or $10,000.
What Compensation Am I Entitled to?
The effects of a serious accident can be long-lasting. The other driver’s insurance may offer to pay the medical bills for your broken hand, but that won’t cover the cost of long-term conditions that may not be visible until months or years after the accident. What if you develop chronic pain or arthritis in that hand two years from now? The insurance company’s initial settlement offer won’t cover those treatments, but what it will do is prevent you from seeking additional compensation.
The compensation you receive should represent the sum total of the financial damages and pain and suffering that result from your accident. You may be eligible for money for economic damages like out-of-pocket expenses, medical expenses, lost wages, and lost future wages. You may also be eligible for non-economic damages, such as pain and suffering, loss of consortium, or loss of quality of life.
Insurance companies may pressure you to take a quick settlement, and that can be tempting, especially when you only want to focus on recovering from your injuries. But it’s important to look at the big picture because you only have one chance to receive restitution for your accident. The lawyers of Kherkher Garcia, LLP can help you determine just what dollar amount your compensation should be to make sure that all your expenses, past and future, are covered.
Why Should I Choose Kherkher Garcia, LLP?
Kherkher Garcia, LLP has been representing injured motorcyclists in Houston for over thirty years. Our dedicated personal injury attorneys know the local court system, and they are intimately familiar with the case precedent relevant to a motorcycle accident claim like yours.
At Kherkher Garcia, LLP, we work on a contingency-fee-basis. Your mounting pile of medical bills and other financial stressors should not prevent you from having outstanding legal counsel. You won’t pay us anything up front. You only pay us if we get compensation for you. Otherwise, your attorney fees will be waived. We know how important your case is to you, and we know how important it is that you get the money you need and deserve for your injuries.
If you are a motorcyclist who has been injured in an accident with a reckless driver, it is vital that you contact an attorney as soon as possible. Call Kherkher Garcia, LLP today at (713) 333-1030 to schedule an appointment with one of our Houston personal injury lawyers, or use the contact page on our website. Don’t go it alone – get an experienced motorcycle accident lawyer on your side.