Motorcycle accidents differ from other types of motor vehicle crashes in many ways. Primarily, victims in such collisions tend to suffer from much more serious injuries. More serious injuries generate higher medical expenses and generally result in greater lengths of time missed from work.
This type of accident also comes with a more complicated set of legal issues. For example, the question of fault and negligence might involve, to some extent, whether the victim wore the appropriate protective gear.
An El Paso motorcycle accident lawyer at Ben Crump, PLLC, stands ready to accept the challenge of your motorcycle accident. We do not shy away from tough cases, and we charge you no legal fees unless and until we win you a settlement or jury award. Call us today for a free consultation at (800) 924-3113.
Common Causes of Motorcycle Accidents
According to the Texas Department of Transportation (TxDOT), 410 motorcyclists (operators and passengers) died in motorcycle accidents in 2019. Although not all collisions end in fatalities, motorcycle crashes do cause serious injuries due to the extreme exposure of the operator and passenger.
Although many causes of motorcycle accidents mirror those of any type of motor vehicle collision, some causes relate specifically to the former.
Common causes of motorcycle accidents include:
- Other motorists do not see the motorcycle
- Other motorists fail to gauge the speed of the motorcycle
- Dooring (opening a car door into an approaching motorcycle)
- Lane splitting (driving between lanes)
- Inexperienced driver
- Rear-end collisions from sudden stops
- Failure to yield right of way
- Turning into a motorcycle
- Defective motorcycle parts
- Illegal lane changes
- Illegal left-hand turns
- Poorly maintained roads
- Debris on road
- Construction on road
- Inadequate lighting
- Driving while under the influence of a substance
- Aggressive driving
Whatever caused your motorcycle accident, an attorney at Ben Crump, PLLC, can seek to identify the at-fault party. Give us a call today to share the details of your motorcycle accident during a free consultation. We can advise you on your legal options as you consider what steps you want to take next.
For a free legal consultation with a motorcycle accidents lawyer serving El Paso, call (800) 924-3113
Investigating Your Accident
Many elements go into building a case to recover compensation for your motorcycle accident injuries. As the plaintiff, you will have to prove the defendant failed to uphold a reasonable standard of care to keep you from harm. You also must prove that this negligence caused the accident. Finally, you will need to prove that the accident caused your injuries and also prove the value of your losses.
Our firm’s legal team knows where to look for the evidence that a jury or insurer will require to establish each of the above proof points. Our investigation of the cause and effects of your motorcycle accident could include:
- Visiting the scene of your accident
- Interviewing witnesses
- Obtaining the police accident report
- Reviewing photos and videos
- Gathering your injury-related medical records
- Working with accident reconstruction specialists
- Collecting wage statements from your employer
We will also work with economists and experts in medicine, occupational therapy, and psychology to determine the breadth and depth of your losses.
The sooner you hire a lawyer to work on your case, the more time you give them to build a credible case from compelling evidence. Some forms of evidence, like witnesses’ ability to accurately recall important details of a crash, fade over time. By getting an early start on the investigation, your El Paso motorcycle accident lawyer will have access to the widest range of fresh evidence.
El Paso Motorcycle Accident Lawyer Near Me (800) 924-3113
How Texas Motorcycle Helmet Laws Affect Your Case
Under Texas law, any motorcycle rider under age 21 in El Paso must wear a helmet. Riders over age 21 can choose to ride without a helmet if:
- They can show proof of medical insurance
- They can show proof of having completed a state-approved motorcycle operator training course
Modified Comparative Fault Law
We raise this point because the Texas Civil Practice and Remedies Code enforces a modified comparative fault law regarding personal injury cases. This means that a motorcycle accident victim can collect compensation for their crash injuries only if they can prove they were less than 51 percent at-fault for their accident-related injuries.
According to the Texas DOT’s data, 45 percent of motorcyclists who died as the result of a motorcycle accident were not wearing helmets at the time of the crash. If you suffered head injuries in an accident, and you were not wearing a helmet at the time of the crash, a court could find you to be mostly at fault for your injuries and deny you compensation.
On the other hand, if you suffered a broken leg in the same accident, your injury was likely not affected by your lack of helmet usage, and so it would not affect your right to recover damages.
Recoverable Damages After a Motorcycle Accident
Whether you recover compensation—and the value of this compensation—after a motorcycle accident depends on the type and severity of your injuries. Your lawyer will be able to review the evidence from their investigation of your case and tell you how much they will demand from the at-fault party’s insurance company.
Common types of damages in personal injury cases include (but are not limited to) the following:
- Medical treatment expenses
- Physical rehabilitation
- Mobility devices
- Lost income
- Pain and suffering
If your loved one died from injuries they suffered in a motorcycle accident, you might want to pursue a wrongful death action against the at-fault party. Our law firm can assist you with this legal endeavor.
If you are considering taking legal action in your case, be advised that Texas Civil Practice and Remedies Code § 16.003 generally allows two years from the accident date to file a personal injury lawsuit. The state statute of limitations for wrongful death also allows two years from the date of the accident.
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Our El Paso Motorcycle Accident Lawyer Will Fight to Get You Fair Compensation
Please call to talk to us about your case. We offer a free consultation in which we will listen to the details of your case and inform you of your options for pursuing compensation. Call Ben Crump, PLLC, today at (800) 924-3113 today. The sooner you call, the sooner we can start work on your case.