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How Does Texas Law Protect Motorcyclists in Multi-Vehicle Accidents?

Posted on May 6, 2024 in

Accidents Happen Every Day

If you’ve never been in an accident, statistically speaking, you may be part of a small group of individuals. Accidents can happen in the blink of an eye, and often. However, even the most minimal collision can have devastating results when you are a rider or passenger on a motorcycle.

If you have been in an accident with multiple parties, you may have various options for recovering the damages you rightfully deserve. Even if you are a passenger, you have legal options to pursue damages for the injuries you have sustained and the relative suffering you may be experiencing.

Common Injuries Sustained in a Motorcycle Accident

Although injuries can significantly vary, below is a list of common injuries that can occur following a motorcycle accident.

Traumatic Brain Injury or TBI – this injury results from the head being significantly jarred or rammed against something, such as the pavement or another vehicle, after an accident. The brain can shift or move back and forth within the skull, leading to severe or even fatal consequences.

Fractures or broken bones – these are common following a motorcycle accident as there isn’t a cab to help shield the rider or passenger from colliding with an oncoming vehicle.

Spinal cord injuries may result from the impact of the motorcycle colliding with another vehicle.

Road rash and severe abrasions can occur from being thrown from the bike and sliding across the pavement.

All of the above injuries can occur and more, and they are all significantly expensive to treat in the present and can cause severe ongoing issues for the rider and passenger.

What Types of Compensation Are Available for Motorcyclists After an Accident?

As injuries caused after a motorcycle accident can create significant medical bills, it’s essential to understand what options you have for compensation following an accident.

Medical bills such as those you have incurred thus far relating to the injuries sustained and any future medical expenses you may incur can be included in compensation that you pursue following an accident. Your experienced attorney can estimate based on what procedures or therapy you will need and provide sufficient evidence of future expenses to ensure you get compensated appropriately.

Lost income – similar to medical expenses, the lost wages that you may have already experienced and those estimated to continue to tend to your injuries can be included. Additionally, if you now can’t secure as much compensation as you once did due to injuries, this can be calculated as part of diminished earning capacity.

Property damages – to repair or replace the motorcycle

Disfigurement – if the injuries left you disfigured, an estimated amount can be pursued in court following an accident.

Pain and suffering – after an accident, it’s common to experience emotional distress and pain and suffering; your attorney can ensure that you receive compensation for this.

Who is Responsible for Damages?

Texas is an “at-fault” state, meaning that the party most at fault for the accident is responsible for paying compensation or damages to the injured parties.

It’s important to note that the damages may be more significant if the other party acted negligently, which led to the accident. Negligence can be in the form of speeding, driving while under the influence, reckless driving, and more.

A third party may be liable for the accident occurring as well. Consider that a roadway was poorly maintained, causing the accident to happen. Swerving around or going over cracks or holes in a roadway can easily lead to motorcycle accidents. Therefore, significant damage may occur should they encounter poorly maintained roads.

Furthermore, suppose a mechanical issue occurs with the motorcycle, such as a failure of the brakes or other problems. In that case, the motorcyclist may choose to pursue the manufacturer of the part that malfunctioned and led to the accident.

Punitive damages – although not applicable to all cases, punitive damages may also be sought following a motorcycle accident. If the other party acted especially negligently or intentionally recklessly and it led to the accident and injuries, they may be subject to punitive damages. These damages are meant to punish the driver for especially negligent behavior and deter others from acting similarly.

Passengers May Pursue Damages as Well

Passengers who were injured during a motorcycle accident can seek damages as well. Even if the motorcyclist was found to be most at fault for the accident, they aren’t typically liable for fault as they were the passengers.

This scenario can mean they are also eligible for significant damages or compensation. Work with your personal injury attorney to define and aggressively pursue the losses you incurred due to the accident.

We Don’t Get Paid Unless You Do

For most people, following an accident, the burden they are already experiencing may be enough to put them into financial distress. With a significant personal injury or injuries, you likely are seeing medical bills pile up while you are missing work to tend to them.

We understand that working with an experienced and dedicated team may not be within your upfront budget under these circumstances; therefore, we offer contingency fee options. This means that if you don’t make any money from your case, we don’t either.

We offer a free initial consultation, and until we have the case settled to our liking for the clients we choose to advocate for fiercely, we don’t expect payment. We are competent and passionate about working for our clients, so we stand firm in our system to provide them the justice they deserve.

Call our office at 713-470-9714 to schedule your free consultation and learn more about how we can best assist you.