Getting from one place to another is one of the activities we do most frequently, even if we aren’t always aware of it. Whether going from home to school or the supermarket or the office, we are always moving from one place to another. Depending on the distance, we choose the means of transportation we consider most appropriate: car, truck, motorcycle, or even boat. No matter which means of transportation you choose, traveling in a motorized vehicle involves risks, especially if certain safety measures are not followed.
Riding a motorcycle is much more dangerous than driving other types of vehicles. Since a motorcycle is a two-wheeled vehicle, riding one requires balance and coordination. Additionally, a motorcycle is smaller and lighter than a car, making it more sensitive to external forces, such as road surface irregularities or weather conditions like wind or rain. Thus, facing a greater number of dangers than car drivers, motorcyclists are at higher risk on the roads because they are exposed and have less protection.
How a Houston Motorcycle Accident Lawyer Can Help You Financially
A Houston motorcycle accident can leave you with agonizing injuries, pain and suffering, and thousands of dollars in medical bills. Your body may never be the same. What should you do? Who should you turn to? If the motorcycle accident was caused by another driver, you should talk to a Houston motorcycle accident lawyer immediately.
The Waldman Legal Group includes skilled motorcycle accident lawyers in Houston who can help you get the compensation you need for your devastating motorcycle injuries. Please keep reading to learn more about getting medical bills paid, how to file a legal claim, settlement amounts, and more.
Motorcycle Accident Lawyers in Houston May Obtain Large Settlements
Every case is different, and there is no guarantee that you will obtain any financial amount in a settlement or verdict. That said, motorcycle accidents often cause horrific injuries and extensive property damages. You may be entitled to financial compensation for the following:
- Medical expenses – immediate and future: When you slam into another vehicle or object on a motorcycle, you are almost completely unprotected. The violence of smashing into a moving or immovable object is devastating to the human body. You could have a shattered leg, arm, pelvis, broken ribs, traumatic brain injury, damaged spinal discs or cord. Some of these injuries can lead to hundreds of thousands of dollars in medical bills. You may need significant compensation for bills, rehabilitation, and costs associated with long-term medical care caused by the negligent driver.
- Lost income: If you have a shattered leg, broken ribs, or a brain injury, you obviously are not going to be able to work, at least for the time being. You might even have a permanent motorcycle accident injury. Your Houston motorcycle accident attorney can claim compensation for the wages that you lose now and in the future.
- Pain and suffering: The pain and suffering you may endure from a major motorcycle accident can be horrible. Not only are you possibly entitled to compensation for your physical pain, but you also could receive funds for mental anguish and emotional suffering as you endure tremendous pain every day.
- Punitive damages: If the other driver’s behavior showed a complete lack of concern for your safety or exceeded the scope of ‘typical’ negligence, the jury could award punitive damages to discourage that type of appalling behavior in the future. Texas law sets a cap on punitive damages, but this cap may not apply in certain situations.
Motorcycle Accident Lawyers Can Determine Liability
There are many possible liable parties for your motorcycle accident. If another driver hits your motorcycle from lack of attention or speeding, the driver will be held liable for your damages, most likely. But there also is a possibility that others could share liability for your motorcycle accident.
After you have suffered tremendous motorcycle accident injuries, it is natural to wonder who could be liable and what options you have to obtain compensation. It is vital to contact an experienced motorcycle accident attorney as quickly as possible. Your Houston motorcycle accident attorney can work to determine who is liable for your damages and the odds of succeeding with a personal injury lawsuit. Possible defendants in a Houston motorcycle accident lawsuit could be:
- Negligent driver
- Any party in the distribution chain of a defective part
- A government body that is responsible for the upkeep of the road where the crash occurred
- A truck driver or bus driver and/or his employer who caused the crash.
Texas follows a comparative negligence law. This means you could be held partially liable for your motorcycle accident injuries if you were negligent. For example, say a car turned left in front of you while you were driving straight on your motorcycle. Liability would generally fall on the driver who turned in front of you. But if you were doing 65 mph in a 50 mph zone, a jury may decide you were partially to blame for your injuries. Your potential compensation could be reduced according to your percentage of blame for the accident. If your share of the fault is not more than the other driver’s, you still can recover damages.
The Most Common Causes of Motorcycle Accidents
Motorcycle accidents are much more severe than accidents involving only cars or other passenger vehicles. Often, some of the motorcycle accidents are caused by the following reasons:
Left-Turn Collision
The most common and dangerous accident occurs when a car makes a left turn in front of a motorcycle. A side collision can be deadly for a motorcyclist, as they can be thrown several feet away, resulting in severe injuries such as brain damage or paralysis.
Rear-End Collision
In Houston’s stop-and-go traffic, drivers must pay full attention while driving. When a driver is distracted and looks away to check their phone or send a text message, those two or three seconds of inattention can cause the car to rear-end your motorcycle.
Lane-Change Collision
Motorcycles are harder to see than passenger vehicles. This is no excuse for a negligent driver to hit you, but limited visibility increases the likelihood of motorcycle accidents, especially during lane changes. You can help avoid a motorcycle accident by staying out of other drivers’ blind spots. As carefully as possible, try to move out of the way when you see a car next to you turning on its signal. Use the horn or flash your lights to alert the driver to your presence.
Although there are many motorcycle safety awareness campaigns, thousands of motorcycle accidents still occur each year. According to figures from the Texas Department of Transportation, 599 motorcyclists died in 2023 due to an accident. Unfortunately, 40% of these motorcyclists died because they were not wearing a helmet at the time of the accident.
What You Should Consider Before Filing a Motorcycle Accident Claim
When you decide to file a claim for your accident, it is necessary to keep in mind that every case is different, and there is no exact amount of money awarded in all cases. The total amount of your compensation will depend on the severity of your injuries and the causes of the accident.
Similarly, it is important to consider the time elapsed between your accident and the date the claim is filed. In Texas, the typical statute of limitations is two years from the date of your crash. (*However, always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) If you file a claim outside that time frame, it will be dismissed, and you will not be able to receive compensation. It is always better to act promptly in the face of a serious injury. You will likely need compensation for the expenses you are facing, and the process should not be delayed more than necessary.
Likewise, you should consider that in some cases, there is the possibility that two or more drivers share responsibility. This is known as comparative fault, and in Texas, the law states that when it is determined that two drivers have a percentage of fault, meaning their responsibility is proportional, a plaintiff cannot claim damages if their percentage of responsibility is greater than 50%.
When the percentages of responsibility are assigned, if it is determined that you were 30% responsible for the accident, you can recover 70% of the compensation due. Since comparative fault can significantly reduce the value of your case, you should be careful to have the best defense possible against this type of claim.
If you are thinking of filing a lawsuit, the first step you should take is to contact a Houston motorcycle accident lawyer who will assist you throughout the process. At the Waldman Legal Group, our goal is for you to obtain the best possible results. Call us now at (713) 688-4878 for a free consultation, or you can contact us directly through our website.
The Importance of Wearing a Helmet While Riding a Motorcycle
Wearing a helmet while riding a motorcycle can be the difference between life and death. Wearing a helmet helps protect the head not only from injuries but also from wind, sun, cold, or objects flying on the road.
According to the Texas Department of Public Safety, head injuries caused by not wearing a helmet account for most deaths in motorcycle accidents. Similarly, wearing a helmet reduces the likelihood of suffering a severe head injury in the event of an accident.
Although it may seem simple, the correct way to wear a helmet is as follows:
- It should be tight enough.
- It should be properly fastened throughout the ride.
- It should not have defects such as cracks, loose or misplaced padding, or damaged straps.
In the state of Texas, all motorcycle drivers and passengers must wear a helmet that meets quality and safety standards.
Other Safety Measures to Avoid Injuries
Riding a motorcycle requires following specific safety measures due to the risks involved.
In addition to wearing a helmet, when riding a motorcycle, you should consider the following aspects:
- Use a face shield or protective glasses to help shield your eyes from the sun, wind, dust, or other particles that could obstruct your vision.
- Proper clothing is also important, especially in cases where the motorcycle skids and the rider along with it. Impact with the pavement can cause scrapes and burns, so wearing pants and a jacket that completely cover the body can protect you from this.
- Wearing gloves can provide a better grip on the brake and start levers and can protect your hands in the event of a crash.
A motorcycle accident can cause severe injuries, pain, suffering, and may also cost you thousands of dollars in medical bills. If you suffered injuries due to a motorcycle accident and don’t know what to do or whom to consult, we suggest contacting our experienced motorcycle accident lawyers. If your motorcycle accident was caused by another driver’s recklessness and you were injured, you may file a claim to obtain compensation for your injuries and the expenses resulting from them. The Waldman Legal Group, we can help you initiate a claim to get the compensation you need and deserve for your injuries.
In motorcycle accident cases where one party caused the accident due to some recklessness or negligence, you can file a claim for the injuries this caused you. This type of negligence typically results in significant financial losses for the victim in the form of medical expenses, lost income, and long-term injuries. All of this disrupts the injured person’s life, and in the worst cases, it can mean the death of a loved one.
Whether or not it was your fault in a motorcycle accident, you may be entitled to compensation. Most of the time, motorcycle accidents are caused by car drivers who do not obey traffic signals or fail to yield the right of way to motorcyclists. This can leave the motorcyclist and passengers with severe short- and long-term injuries.
The Damages You Can Claim in Your Motorcycle Accident Case
When a driver is distracted, speeding, or engaging in any other action that interferes with driving, accidents can happen. Drivers who cause accidents, whether unintentionally or not, are known as negligent drivers, as they failed to comply with the rules and safety standards, causing harm to other drivers. In these cases, you are entitled to substantial compensation for the injuries caused by the negligent driver. Generally, when filing a claim, you can seek compensation for two types of damages: economic damages and non-economic damages.
Economic damages are all material damages and losses that have a specific monetary value and can be proven through bills or receipts for the expenses you had to cover and could have been avoided if not for the accident. The most common are:
- Medical expenses: All past and future medical expenses related to the payment of medications, rehabilitation services, and expenses associated with long-term medical care.
- Loss of income: Your motorcycle accident probably caused injuries that impacted your health and physical condition. Many times, these injuries can prevent you from performing your daily activities, including work. A Houston motorcycle accident lawyer can seek compensation for all the wages you lost while recovering from your injuries, including any future wages you may lose.
On the other hand, there are non-economic damages. Non-economic damages are all those intangible losses that do not have an economic value as such but are significant to you and affect your well-being. Some examples are:
- Pain and suffering: You are not only entitled to compensation for your physical pain but also for your mental anguish and emotional suffering. The pain and suffering you may face due to a motorcycle accident can be unbearable, but obtaining financial compensation can help ease your burden somewhat.
- Loss of consortium or companionship: If you lost a loved one in a motorcycle accident due to someone else’s negligence, you could obtain compensation for the absence of that special person in your life.
In special cases, a judge may also award punitive damages. These damages are granted when the other driver’s behavior showed a lack of concern for your safety, meaning you could receive an additional amount while the responsible driver might face a penalty to prevent such behavior from recurring in the future.
Frequently Asked Questions About Motorcycle Accident Injury Cases
We understand that everything might seem very confusing right now and you might not know where to start. Here are some of the most common questions we hear from our clients:
How Much Can I Get for A Motorcycle Accident Claim?
Each case is different, and there is no exact or uniform amount for all cases. The total amount of your compensation will depend on the severity of your injuries and the causes of the accident.
If I Am Partially at Fault, Can I Still Receive Compensation?
Depending on the degree of responsibility and the severity of your injuries, you may still be able to receive compensation. It is important to hire our legal team to help you determine who was responsible and the amount you might be able to obtain.
How Long Does the Motorcycle Accident Claim Process Take?
These cases can take several months or even years. Therefore, it is important to contact a motorcycle accident lawyer in Houston as soon as possible to ensure timely compensation.
Should I Wait for A Settlement or Go to Trial?
If the other party is willing to cooperate and offers a fair amount, then the case can be resolved without the need for a trial. If they do not cooperate or offer less than what you deserve, your case should go to trial. You should not settle for a bad agreement. Your lawyer will work with you to help you decide when to accept an offer and when to push for a trial.
Is It Expensive to Hire a Car Accident Lawyer in Houston?
Our law firm works on a contingency fee basis, which means you do not owe us any money if we do not win compensation for you.
A Houston Motorcycle Accident Lawyer Can Help You with Your Claim
At the Waldman Legal Group, our motorcycle accident lawyers have years of experience in these cases and will do everything possible to obtain the maximum compensation for your personal injury claim. We want to know the details of your case so we can help you. Call (713) 688-4878 for a free, no-obligation consultation.