Motorcycle Accidents Attorney in Austin, Texas
Riding a motorcycle along Texas roadways can be thrilling and exciting. Unfortunately, it's not uncommon for motorcyclists to be involved in traffic collisions. According to statistics from the Texas Department of Transportation, motorcycle accidents resulted in over 1,800 injuries and 412 deaths statewide in 2019. If you or a loved one was injured in a motorcycle accident caused by another person's negligence, you have the right to seek compensation.
With more than 26 years of personal injury experience, I am committed to protecting the rights of motorcycle accident victims and their loved ones. As a knowledgeable Texas personal injury attorney, I can investigate the surrounding facts of your situation and determine your available legal options to recover damages. I will also fight compassionately to advocate for your legal rights and help you seek fair financial compensation for your injuries, damages, and any additional pain and suffering you may have experienced.
My firm — Greenway Law Firm — proudly serves clients throughout Austin, Texas, and the surrounding cities of Bastrop, Georgetown, and Marble Falls.
Steps to Take After a Motorcycle Accident
The period after a motorcycle accident can be emotional and confusing to sort through. The next steps you take or do not take can have a significant effect on the outcome of your injury claim. If you were involved in a motorcycle accident, here's what you should do:
Remain calm and get to safety
Call 911 to seek immediate medical treatment for your injuries
Report the accident to law enforcement
Exchange information with the other driver, including the driver's name, phone number, address, insurance policy, license number, and insurance identification card
Gather and document required details, including the police report, medical treatments, doctor's appointments, medical records, witness statements and testimonies, and accident scene photos
Document your own account of the accident and how it has affected your daily life
Inform your insurance provider about the accident
Hire a skilled attorney to help negotiate a fair financial settlement with the insurer and take legal action
Texas Motorcycle Laws
In the state of Texas, there are strict motorcycle laws implemented to prevent or mitigate the occurrence of motorcycle accidents. Motorcycle riders are required to adhere strictly to these laws.
Lane-Splitting
Lane-splitting is a traffic maneuver that involves a motorcyclist driving between two rows of cars moving in the same direction. In the state of Texas, lane-splitting is illegal.
According to Texas Transportation Code Section 545.060(a), a motorist on a roadway divided into two or more clearly marked lanes for traffic:
Shall drive entirely within a single lane
May not move from the lane unless it is considered safe to do so
Helmet
Generally, motorcyclists are required to wear helmets for their safety. Under Texas law, there are no exceptions for motorcycle operators under 21 years of age. A motorcyclist does not have to wear a helmet if they can prove any of the following requirements:
They are 21 years of age or older
They have completed a state-approved motorcycle operator training course
They can provide proof of a minimum of $10,000 in medical insurance coverage that covers injuries due to motorcycle accidents
Liability Coverage
Pursuant to Texas Transportation Code Section 601.072, the minimum amounts of liability insurance coverage required in Texas include:
$30,000 for bodily injuries to one person in a single accident
$60,000 for total bodily injuries to two or more people in a single accident
$25,000 for property damage in a single accident
Determining Fault in a Motorcycle Accident
Texas is an "at-fault" insurance state. This means that the person who caused the traffic accident (the at-fault party) will be held financially liable for bodily injuries and property damage suffered by accident victims. When involved in a motorcycle accident, the available options to seek compensation include:
Filing a claim with your own insurance carrier
Filing a third-party claim with the at-fault driver's insurance provider
Filing a personal injury lawsuit against the at-fault driver
Modified Comparative Fault
Texas operates using a "modified comparative fault" system with a 51% bar. Under this system, you cannot receive compensation if you were mostly (51% or more) at fault for the crash. If you are partially at fault, but less than 50%, the damages that you may recover will be reduced by your percentage of fault.
For instance, if the jury awards $40,000 in total damages, and you were found to have been 20% at fault for the accident, your compensation will be reduced by $8,000. You will only recover 80% of the $40,000 ($32,000).
Filing a Claim for a Loved One
Filing a claim on behalf of an incapacitated loved one requires establishing guardianship through a court hearing. Once you have been confirmed as the legal guardian of the injured victim, you can file a personal injury claim or lawsuit and pursue damages for their injuries.
Filing a Wrongful Death Claim
If a person was killed in a motorcycle accident, the immediate family members, including the spouse, children, or parent, or the personal representatives of the decedent's estate can file a wrongful death lawsuit.
Work with an Experienced Attorney
Motorcycle accidents often cause serious injuries, including road rash, disfigurement, traumatic brain injuries, spinal cord injuries, paralysis, and limb amputation. In many cases, motorcycle accidents are fatal. Such an incident can affect you financially, physically, and emotionally. You don't have to face the challenges on your own. Retaining an experienced personal injury attorney is important to protect your legal rights and help you seek the financial justice that you deserve.
At Greenway Law Firm, I have the experience and resources to represent clients in their motorcycle accident claims. As your legal counsel, I can:
Help protect your best interests and work to hold the responsible parties accountable
Review and investigate all of the facts of your case
Gather and document relevant information, evidence, police reports, and documentation
Work to prove fault and establish liability
Determine the full extent of your injuries, accident-related losses, and estimate case-value
Handle all communications and help negotiate a fair settlement with insurance companies
File a personal injury lawsuit or wrongful death lawsuit, where applicable