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The Rights of Texas Motorcycle Crash Victims
The Rights of Texas Motorcycle Crash Victims
If you have ever ridden a motorcycle it’s easy to see why so many people own them: They are smaller than a car and they allow the driver to maneuver in and out of traffic unlike the average regular passenger vehicle. So you can get from point A to point B and look cool doing it.
That’s probably why there are more than 400,000 registered motorcycles in Texas. And just like cars, there are different styles of motorcycles. There are the choppers for cruising, there are the vintage motorcycles with the side bucket seat for a passenger and there are the crotch rockets with extra horse power for racing. As different as these motorcycles are and the people who ride them, the one thing they have in common is the probability that they will be involved in a traffic accident.
Who Is At Fault for Your Austin Motorcycle Accident?
If you or someone you know has been injured in a motorcycle accident our attorneys can help to figure out your legal rights. Our law firm has been litigating personal injury claims for more than twenty (20) years. So put our experience and skill to work for you by calling us for a free legal consultation today.
The Differences Between Motorcycle Accidents and Car Accidents
As fast and agile as a motorcycle can be, riding a motor bike on a busy street or interstate can be a dangerous place. Most traffic accidents involving motorcycles happen because the other driver, nine times out of ten in a passenger vehicle, didn’t see the motorcycle until it was too late to avoid the collision. That’s because most drivers of regular cars are not completely focused on driving. They’re fiddling with the stereo, or talking on their cell phone or grooming or chastising the children, because they’ve driving a car for so long they are under the false impression that they don’t need to concentrate at it. If the other driver is paying attention to the other vehicles on the road they probably are looking for other four-wheel vehicles. So motorcycle drivers have to do double duty by making sure they see the other driver and the other driver sees them before they pull in front of a vehicle too soon. And when a motorcycle is involved in a traffic accident the driver of the motorcycle is more likely to die from his or her injuries. The same reasons that make the motorcycle attractive also make it more deadly. Unlike a passenger vehicle, the motorcycle rider is not surrounded by a bunch of plastic and steel that can protect the rider from serious injury.
Even motorcycles that tout more stock safety features than other brands still don’t compare to the safety features of a car. The only protection motor bike riders have is their own nimble ability coupled with their protective gear that is required by law. So if you operated a motor bike, wore all the safety gear, following all the traffic laws and you believe your traffic accident might be the fault of the manufacturer because the motorcycle is not safe, you might be able to file a personal injury lawsuit against the manufacturer of your motorcycle. It’s called product liability. It means that some motor bikes are sold with design flaws that eventually lead to an accident. It could be a break in a valve or a malfunctioning engine ball bearing that causes a misfire or even a timing chain that breaks. You’re not a mechanic so you’re not expected to know any of this. But your mechanic is and the company that built the motorcycle is bound by law to know. Motorcycle makers have profited millions of dollars by selling their products. So it’s only fair that they have some responsibility to their consumers to provide safe products. And the same goes for mechanics who work on your motorcycle. They too have an obligation to work with safety in mind. That’s why it is important for your safety that you purchase your motorcycle from a licensed dealer and keep up your maintenance requirements. If it’s a used motor bike have it inspected by a reputable mechanic before you purchase it. Don’t be somebody else’s accident waiting to happen.
There have been dozens of cases where owners of motor bikes, including dirt bikes and all-terrain vehicles, have field claims against the manufacturer. And it wasn’t until some of these claims were filed that some bike makers started to design their products with more safety features. Until bike makers hear your complaints they will assume that the general population is satisfied with their products. A lot of these complaints happen right after a new model of the vehicle is introduced to the public. Engineers try to improve on one aspect of the motor bike and in turn they cause or overlook a flaw that could cause you serious harm or even death.
So if you have been hurt in a motorcycle accident, our attorneys want to help you get the justice you deserve. Motorcycle accidents are a different breed of personal injury than a regular personal injury claim, because serious injuries and even fatalities are more likely to happen in these cases than in regular cases. So if you’re a non-attorney with no litigation experience, don’t leave the fate of your case to your good looks and Brooks Bros. suit you plan to wear to court. Without the help of a motorcycle attorney you probably won’t grasp the enormity of case and that means you are bound to accept the first low ball offer defense attorneys pitch to you. So don’t give them any recorded statement and definitely don’t sign any agreement. The defense has legal representation and so should you. Call our office today for a free legal consultation.
No amount of money is worth your life or the life of a loved one. So it’s important to wear proper protective gear while operating or riding on a motorcycle. Before you operate a motorcycle you must pass a motorcycle safety course that tests your skills much like the driver’s education course that most people take in high school. You’ll learn about the latest motorcycle safety regulations, traffic laws and you’ll be tested your ability to maneuver your bike on simulated obstacle courses. You’ll also learn about the required safety gear that includes head gear, eye gear, gloves, and heavy boots or other foot wear needed to be in compliance. There also are special pads sewn into motorcycle pants and shirts that protect knees and elbows in the event of a fall, because just like learning to roller skate for the first time, falling down is a part of the process. Except when you fall from a motorcycle you are falling onto hard asphalt that could leave the riders (s) with serious injuries, even deadly injuries.
In Texas anyone under 21 years of age is required to wear a helmet while operating or as a passenger on a motorcycle. If the operator is older than 21 a helmet is optional as long as the operator has completed the motorcycle rider training course offered at community colleges and through other state agencies. Or the operator must show that they carry health insurance if he or she chooses not to wear a helmet. Riding a motorcycle without a helmet and other protective gear is putting your life in danger the faster you go and the longer you ride without it.
Motor bike riders can suffer minor bruises to brain injuries and even paralysis. And that can happen without there being another vehicle involved in the accident. A turn of the wheel too sharp or an over correction on a mistake can lead to traumatic injuries. Even the simplest skin scrape can lead to a major infection. When bike riders fall and their skin comes in contact with the asphalt there is a lot of debris on the road that can turn a simple road rash into an infection. So don’t let the embarrassment you feel of having a minor fall from your motorcycle keep you from getting medical treatment and possible seeking legal advice to find out what your options are.
With traumatic injuries come high medical bills. So if your motorcycle injury was caused during a collision with another vehicle you should not let another minute pass. Your injuries might seem minor today, but the longer you wait to see a doctor the more damage you might cause to yourself and your recovery.
In 2018 there were 6,913 traffic accidents involving motorcycles in Texas. And statistics show that many of those traffic accidents end in death. When that happens a family member is eligible to file a wrongful death lawsuit against the liable person. That could be another driver or it could be the manufacturer of the motor bike or sometimes both parties could be named as joint defendants. In that case the plaintiff would have to prove in a court of law that (1) each party had a responsibility to cause no harm; (2) the parties did not live up to their duties and (3) the deceased person suffered damages that should be paid for by the liable parties. Damages could include medical bills accrued before the victim died, any lost wages due to the victim being hospitalized, and the loss of future wages because the victim was head of household and the primary bread winner.
Statistics show that most of the motor bike operators are males between 16 and 24 years old. Most people stereotype this age group of men as being reckless rebels without a cause. So in addition to having the burden of proof, public opinion probably will be against the motor bike operator if he is in this segment of the population. It’s all the more reason to seek help from a motorcycle accident attorney like the ones at our law firm. We will help you to gather germane evidence from the scene, collect witness statements and assemble possible traffic video. And you’re going to need help battling those aggressive insurance adjusters who want to dwindle your claim down to zero by proving that your motorcycle accident is nobody’s fault by your own.
There are a number of reasons why you should consider hiring a motorcycle accident attorney. It could be his history of courtroom victories; it could be his negotiation skills that help the plaintiff and the defendant comes to an amicable agreement before the case goes to court; maybe it’s his caring and knowledgeable way he handles each case; or maybe you read about the million-dollar settlements he won for his clients. Regardless of your reason for contacting our law firm, just make the call today. You won’t be sorry.
Contact Our Austin Law Offices and Let Us Take Care of the Rest
If you or someone you love has been injured in a personal injury accident, then you need the help of an experienced lawyer. Statutes of limitations exist for filing personal injury claims, so it’s essential that you act quickly to determine the best course of action.
Call our Austin personal injury attorneys today for a free case evaluation – we want to help so you can focus on your recovery. Put our lawyers to work so you can get the compensation you and your family are entitled to.
