Motorcycle accidents are disproportionately dangerous compared to crashes involving other vehicles. When a motorcycle collision occurs in Texas, injured riders face unique challenges in seeking compensation for their losses. Navigating these complex legal and insurance issues requires an attorney experienced in representing motorcyclists injured by the negligence of other drivers.
Motorcycle Accident Statistics in Texas
According to the Texas Department of Transportation (TxDOT), there were 1,819 motorcyclists killed in crashes statewide from 2015 to 2019. This equals about 364 fatalities per year. Additionally, TxDOT reports 9,981 serious injuries to motorcyclists during the same 5-year period, which is nearly 2,000 per year.
These devastating numbers give Texas the dubious distinction of leading the nation in motorcycle fatalities. Experts point to the state’s year-round riding weather, lack of helmet requirements for adults, high speed limits, and other factors as contributing to the elevated death toll:
- Texas has one of the highest speed limits in the country at 85 mph on some roads. Higher speeds dramatically increase the risks to motorcyclists in a crash.
- The state has huge expanses of open, rural roads that lend themselves to high speeds.
- Urban areas like Houston and Dallas have congested highways with heavy traffic volumes that raise accident risks.
- Texas hosts huge motorcycle rallies like the Lone Star Rally in Galveston, bringing in over 400,000 bikers annually. More riders on the road means more accidents.
- The warm climate allows motorcycling year-round rather than just seasonal riding.
- Lack of required safety courses for obtaining a motorcycle endorsement may leave some riders inadequately prepared.
Understanding the contributing factors allows riders to take precautions and protects their rights after an accident.
Common Causes of Motorcycle Crashes
While regular motor vehicles have a metal cage with airbags and seatbelts to protect occupants, motorcyclists have no such protection. Collisions that would cause minor injuries to someone in a car or truck can easily kill or lead to debilitating harm for riders.
Some of the most frequent causes of motorcycle crashes in Texas include:
- Other drivers failing to detect or appropriately yield to an oncoming motorcycle when turning or changing lanes. Motorcycles’ smaller profiles mean drivers often overlook seeing them.
- Speeding, reckless driving, or impaired driving by either the motorcyclist or other motorists. Lower visibility at high speeds endangers bikes.
- Slippery road conditions, uneven surfaces, or debris on the road that can cause loss of control or spills. Motorcycles are less stable than four-wheeled vehicles.
- Mechanical problems or defects with the motorcycle. Lack of routine maintenance leads to tire blowouts, brake failure, and other problems.
- Lack of skill, training, or experience operating a motorcycle. New riders underestimate handling challenges.
- Dangerous road hazards like metal plates, low shoulders, sharp turns, and other impediments.
Because a motorcycle provides so little protection against impact, almost any collision has the potential for catastrophic consequences.
Fighting Insurance Company Disputes
After a motorcycle crash, dealing with insurance companies adds frustration on top of the physical and emotional trauma. Insurance adjusters may try to minimize or dispute injury claims, delay payments, or deny liability altogether.
For example, an insurer might claim:
- The motorcyclist was speeding or otherwise at fault for the collision when in fact the other driver made an unsafe turn or merge.
- The injuries are exaggerated or unrelated to the accident.
- Treatment costs are unreasonably high.
- Lost income estimates are inflated.
Without legal representation, injured bikers can struggle to get full and fair compensation, especially when the insurance company pushes back. An experienced motorcycle accident lawyer Dallas TX levels the playing field. A lawyer can also help with issues like:
- Navigating complex insurance claim procedures and paperwork requirements.
- Verifying that medical treatment is accident-related through physician statements.
- Gathering police reports, eyewitness statements, video footage and other evidence to prove the motorcyclist’s limited fault.
- Retaining expert witnesses like accident reconstruction specialists.
- Negotiating reduced medical bills and liens from health insurance companies.
Having a knowledgeable attorney fighting for your best interests can make all the difference in getting maximum compensation.
Navigating Texas Motorcycle Laws
Texas motorcycle accident cases involve navigating the state’s complex motorcycle laws and insurance requirements:
- Texas motorcyclists can choose not to wear a helmet so long as they’ve passed a motorcycle safety course and have a health insurance plan covering motorcycle injuries. However, failure to wear a helmet can significantly increase the risk of head trauma.
- To legally operate a motorcycle in Texas, the operator must have a Class M license or motorcycle endorsement on a regular driver’s license. Violating licensing requirements can potentially affect liability.
- Texas requires minimum liability coverage of 30/60/25 for motorcycle insurance policies. However, this may be inadequate to fully cover serious injuries. Uninsured and underinsured motorist coverage become crucial.
- Modified comparative negligence laws mean a motorcyclist whose actions were more than 50% responsible for the crash may have their compensation reduced or barred entirely. An attorney can argue the rider’s negligence, if any, was less than 51%.
Understanding how these types of motorcycle-specific laws apply is key to maximizing compensation. An experienced Dallas motorcycle accident attorney knows how to navigate these nuances.
Finding the Right Personal Injury Attorney
Any Texas motorcyclist injured in an accident should consider speaking with an experienced personal injury lawyer as soon as possible after seeking medical treatment. An attorney can handle the insurance claims process, thoroughly investigate fault, bring in accident reconstruction experts if needed, and file a lawsuit if a reasonable settlement cannot be negotiated out of court.
Look for a lawyer with a proven record of success in motorcycle cases, as well as the resources to take on insurance companies and build the strongest case on your behalf. When you’ve suffered catastrophic, life-altering injuries, you need an aggressive advocate who will fight to secure full and fair compensation for your losses.
At Karns & Karns Personal Injury and Accident Attorneys, our personal injury attorneys have extensive experience representing injured motorcycle riders throughout Texas. We handle motorcycle cases on a contingency fee basis, meaning legal fees only come from compensation secured for you. To learn more and schedule a free, no-obligation consultation, call 800-4THE-WIN (800-484-3946) today. With compassionate guidance and relentless legal representation, we can help you look ahead to the future as you recover from a motorcycle accident.
