June 29, 2020
As a biker, you may have already given some thought to what you should do if you are ever hit by a car from behind. Rear-end traffic accidents are very common. Often, if just cars or trucks are involved, they are “fender-benders” and not very serious. But as a biker, you have no protection if your motorcycle is rear-ended. Any wreck can cause severe vehicle damage, injury, and even death.
If you or a family member have been hit from behind while on a motorcycle, it’s essential to make sure your rights are protected. After your accident, there are several things you should do.
- Get medical attention right away.
- Call the police.
- Exchange information with the other driver or drivers in the accident.
- Gather evidence at the scene.
- Call a lawyer.
The attorneys at the Waldman Legal Group have years of experience handling these types of rear-end collision cases. They are committed to fighting for the rights of bikers who have been rear-ended on a motorcycle.
What Damages Can I Get if My Motorcycle Is Rear-Ended?
If your motorcycle has been rear-ended by a car and the other driver is at fault, you may get damages for your losses. “Damages” refers to the money you may get for your injuries and other losses. There are two main categories of damages — economic and non-economic damages. Economic damages include things like:
- Lost wages.
- Medical bills.
- Damage to your bike and other property.
- Help you are forced to hire because of your injuries (e.g. housecleaning).
Non-economic damages are no less real. However, they can be a little harder to determine because they don’t have a clear dollar amount attached to them. Examples of non-economic damages include:
- Pain and suffering.
- Mental anguish.
- Loss of companionship.
- Disability and disfigurement.
- Loss of enjoyment of life.
In some cases, you and your lawyer may seek a particular type of damages called punitive damages. Punitive damages are awarded only in cases of extreme negligence or intentional harm.
Whose Fault is it if I’m Hit from Behind While on a Motorcycle?
You may assume that if you are on your motorcycle and a car hits you from behind, then the car’s driver is at fault. In most cases, that is true, but not always. In some cases, you may both be partly at fault. Texas is a modified comparative negligence state. That means you may get compensation for your losses even if you are found to be partially at fault for the accident. But the amount you receive will be reduced based on the percentage of your responsibility. And you cannot be more than 50% at fault.
Many rear-end accidents are pretty clear cut. A driver is texting, impaired, or not paying attention. This causes them to plow into the vehicle in front of them. But even if you are hit from behind, the other party may argue that you share responsibility for your injuries. For example:
- You are not wearing a helmet.
- Your have broken brake lights.
- You go in reverse.
- You stop too suddenly.
In some cases, a third party may be partly or entirely to blame for an accident. For example, if a defective part on the car or your bike causes a wreck, a manufacturer may be responsible.
Why Do I Need a Lawyer When I’m Rear-Ended on a Motorcycle?
You were rear-ended by a car while riding your motorcycle. Now what? Maybe you think you can sit back and wait for the other driver’s insurance company to send you a large check. In fact, they may offer you money. But it probably will not be the full amount you need for your injuries. Insurance companies don’t want to help you. They want to save themselves money. You need an attorney to:
- Figure out the full amount of your losses, including future losses.
- Investigate the accident and identify the responsible parties.
- Negotiate with the insurance company to make sure you receive all the money you are owed.
- Hire experts who can support your claim.
- Handle all of the paperwork.
- Make sure every deadline is met.
- Help you file a lawsuit, if necessary.
What If My Loved One Died after Being Hit from Behind While on a Motorcycle?
Sadly, many motorcycle accidents result in a biker’s death. If your family member has died and another motorist is at fault, we can help you file a wrongful death lawsuit. In this type of case, you may receive damages for losses, including:
- Funeral and burial costs.
- Medical bills from before death.
- Loss of income.
- Loss of benefits (e.g. health insurance).
- Loss of inheritance.
- Loss of services that your loved one performed.
- Loss of companionship.
- Mental anguish.
Not just anyone can file a wrongful death lawsuit here in Texas. You must be a spouse, child, or parent of the person who died.
What to Do if Your Motorcycle Is Hit by a Car from Behind? Call the Motorcycle Accident Lawyers at the Waldman Legal Group.
One of the first things you should do is call a motorcycle accident lawyer at the Waldman Legal Group. We have spent years fighting for the rights of bikers who have been hurt in accidents. We will investigate your claim, figure out the full amount of your losses, identify all responsible parties, and negotiate with the insurance company. And, if necessary, we will help you take your case to court.
If you have been injured, or are suffering the death of a loved one caused by a rear-end collision, don’t just accept what an insurance company offers. We understand that you have bills to pay. Maybe you think hiring a lawyer will cost too much money. However, if you do not have an attorney working for you, you may leave significant money on the table.
The attorneys at the Waldman Legal Group offer free consultations, so you have nothing to lose by calling us. And we will not be paid unless and until you are. Call our Houston office at 713-688-4878 to schedule your free consultation. We look forward to helping you.