Texas Motorcycle Accident Questions & Answers

Between 1997 to 2006 there was a 75% increase in motorcycle registrations in the United States. Between 2001 and 2008, more than 34,000 motorcyclists were killed and an estimated 1,222,000 individuals were treated for non-fatal motorcycle-related injuries in U.S. emergency departments. According to statistics, motorcyclists are 35 times more likely to experience a deadly accident on the road than those in passenger cars.

Motorcycle accidents can be some of the most traumatic accidents and can cause you serious emotional and physical harm, as well as property damage. After a motorcycle accident, a victim’s mind is usually reeling with questions. At Sloan, Bagley, Hatcher, Perry, Runge, Robertson and Smith Law Firm, we make acquiring the legal answers you need convenient and easy.

For answers to common questions about motorcycle accidents, see below:

Motorcycle Accidents

Is splitting lanes legal in Texas?

Splitting lanes is the practice of moving through traffic which is in motion, it is illegal in Texas and considered to constitute aggressive driving.

If a car turned left in front of me, who’s at fault for the accident?

Usually the left-handed turning vehicle will be held at fault. The law requires that the motorist making a left hand turn yield to oncoming traffic.

What are my rights as a motorcycle accident victim?

A motorist is called to be responsible when sharing the road with a motorcyclist. Because motorcyclists lack the protection that motorists have, a reckless driver can pose a serious threat. A failure to adhere to the necessary safety procedures and drive cautiously can be addressed through a personal injury claim.

If the driver was at fault, what damages could I be entitled to?

You could be entitled to medical bills, vehicle repair costs, loss of income, pain and suffering or if your loved one died in a motorcycle accident, your family could be entitled to loss of consortium, funeral expenses and even punitive damages.

What is comparative negligence?

Comparative negligence means that you are partially at fault for your injuries. If this is the case with you, you can still recover some damages for the part the other party had in contributing to your injuries. The amount of compensation awarded will represent the percentage of the motorist’s fault. So if you were 40% responsible and the motorist was 60% responsible, you could be awarded 60% of the damages available.

How long will my case take?

It depends on how complex your case is. Sometimes a case is relatively straightforward and only takes a few months to wrap up, at other times a case that involves several injured parties and several parties that caused the injuries can take more than a year to resolve. Speaking with an experienced motorcycle accident attorney should give you a better idea about the length of time you are looking at.

What should I say to the other party involved in the accident/to their insurance adjuster?

It is best that you only exchange contact information and insurance information. Discussing anything else can get you into trouble and jeopardize your case. You should never give a recorded statement to the insurance company, without discussing it with your attorney first. Anything you say could be used against you.

If an insurance company is pressuring me into taking a settlement, should I accept it?

No, not until you have talked to an experienced motorcycle accident attorney! Because they represent the financial interests of an insurance company, an adjuster will often offer you a smaller-than-you-deserve settlement. To ensure your rights are protected, you should never accept or sign anything from an insurance company before discussing the matter thoroughly with an attorney.

How do I get my motorcycle repaired?

Once an insurance claim is started, the other driver’s insurance company will perform an investigation to determine whether they will accept responsibility for the accident. If they do accept liability, an adjuster will either take your motorcycle to a body shop or have an appraiser come out to assess the damage wherever the motorcycle is being kept. The insurance company can either pay the body shop directly or write you a check for the damage. If this was your only mode of transportation, they should authorize a rental vehicle for you.

Should I secure a motorcycle accident attorney?

Yes! If you have been seriously injured, your motorcycle is wrecked and you believe another party is responsible, it is advised you secure legal representation immediately. An attorney will help you investigate the crash, document your injuries, and help you build a strong case. Because insurance companies wish to minimize the amount they have to pay, it is always a good idea to make sure you have a tough advocate on your side who makes sure your rights are protected.

Have More Questions? We Have Answers!

After a motorcycle accident, your focus should be on healing physically. When you have questions or need assistance, you can maintain peace of mind by turning to the helpful team at Sloan, Bagley, Hatcher, Perry, Runge, Robertson and Smith Law Firm.