While motorcycles serve as a convenient transportation option for many people, lack of visibility increases the chance of a larger vehicle colliding with a motorcyclist. Many motorcycle crashes occur because other drivers fail to fulfill their duty of care, such as watching out for riders before changing lanes or completing other driving maneuvers.
If you or your family member suffered injuries because of a motorcycle crash caused by a negligent driver, a Plano motorcycle accident lawyer may be able to help you recover compensation. Contact the legal team at Underwood Law office today to learn more by calling (972) 535-6377.
Motorcycle accidents occur in many of the same ways that other types of motor vehicle collisions do. However, the significant size difference places them at greater risk. As much smaller vehicles, motorcycles are more likely to fall into other drivers’ blind spots on the road.
Unfortunately, many drivers are not vigilant enough when checking for motorcycles before completing a driving maneuver. When you add on other factors, like driver distraction, fatigue, or recklessness, the odds of a collision with a motorcycle only increase. Failure to yield and improperly judging a motorcycle’s speed are other common reasons for these accidents.
According to the National Highway Traffic Safety Administration (NHTSA), roughly a third of accidents involving motorcycles occur when a vehicle turns into the rider’s path. The types of driving maneuvers that most often lead to motorcycle accidents include:
Due to the heightened risk of accidents and injuries, it is important for drivers to look out for motorcycles while out on the road. Failure to do so can constitute negligence, making them liable for the motorcyclist’s personal injuries and losses.
Since motorcycles offer significantly less protection than other types of motor vehicles, riders are more likely to suffer severe and even fatal injuries in the event of an accident. While motorcyclists may choose to wear protective gear, such as helmets, gloves, and abrasion-resistant clothing, they are not always enough to prevent injuries in a serious collision.
Based on data from the Texas Department of Transportation (TXDOT), a total of 410 riders suffered fatalities in 2019. This data includes drivers and passengers, both with and without helmets and other protection.
When a motorcycle collision occurs, riders can sustain a variety of injuries ranging from mild to severe. If the rider gets thrown from the bike or crushed beneath another vehicle, it can result in permanent disabilities and even death. Other injuries that may occur include:
As a fault state, Texas allows motorcycle accident victims to submit claims to the at-fault motorist’s insurance company. Submitting a claim can allow you to recover compensation for:
Coverage may be available for other expenses as well. However, a driver’s liability policy will not always cover all your damages. In some cases, the insurer may even deny your claim. A motorcycle accident attorney can negotiate on your behalf, attempting to secure a reasonable settlement.
If the negligent driver’s insurance company fails to offer a fair settlement, you may also be able to pursue compensation through a personal injury lawsuit.
Like many other states, Texas enforces a statute of limitations on personal injury lawsuits. If you plan to file a lawsuit in this state for your injuries, you need to do so within two years of your accident. Texas outlines this requirement in TX Civ Prac & Rem Code § 16.003.
If you are unable to submit the paperwork initiating a lawsuit before the two years are up, you will lose your right to a court award for your personal injuries. This is why many injured motorcyclists seek out a motorcycle accident attorney for help. Preparing a personal injury case takes time and requires several steps, especially if you attempt to settle out of court first.
An attorney’s role is to help you gather the evidence you need, determine the value of your case, and negotiate on your behalf, while still keeping the statute of limitations in mind. This way, if you fail to receive the settlement offer you may be entitled to, you still have time to pursue compensation through a lawsuit.
To find out if a Plano motorcycle accident lawyer from our law firm may be able to assist with your case, call Underwood Law Office today. You can reach our legal team at (972) 535-6377.
In addition to navigating the statute of limitations as it pertains to your motorcycle accident case, you will also want to keep the state’s negligence law in mind. Texas is a modified comparative negligence state, which can affect the amount of compensation for which you may be eligible.
Under this law, you can still seek damages even if the court finds you partially responsible for the accident. However, this only applies if your level of fault remains below a certain threshold. If you still qualify for compensation, the judge will take your percentage of fault into consideration when determining the amount of damages to award you.
If a negligent driver caused your motorcycle accident and you suffered injuries, you deserve compensation. While you recover, allow a motorcycle injury lawyer from Underwood Law office to review the circumstances of your accident.
We may be able to help you build your case against the negligent driver, negotiate a settlement with the driver’s insurance, and initiate a personal injury lawsuit if necessary. Learn more about the legal services we offer and set up your free consultation today by calling (972) 535-6377.