Texas is one of the deadliest states for motorcycle riders. Because of their small size, motorcycles are difficult to see on the road, often contributing to accidents. Additionally, because they have little to no protection against automobiles, victims can suffer serious injuries. If you have been injured or a loved one has been killed in a motorcycle accident in South Texas, contact the De La Garza Law Firm. Our McAllen motorcycle accident lawyer can discuss your case with you, and advise you of your rights. Call (956) 533-1426 or reach us online to schedule a free case review.
Why Choose the De La Garza Law Firm?
- Rafael De La Garza works closely with his clients, and his track record proves he knows how to get exceptional results.
- We have recovered millions on behalf of clients, and will work to ensure you obtain the compensation that you deserve.
- We carefully select which cases we handle and then service every single one of them with the highest level of care.
How a McAllen Motorcycle Accident Attorney Can Benefit You
The more an accident alters your life, the more necessary it is to retain an experienced personal injury attorney you can trust. A McAllen car accident attorney can deliver you the results you need and deserve, while you recover. Accident victims will have the ability to conduct a thorough investigation of the motorcycle accident to establish liability, and identify all possible avenues of recovery. After assessing the full impact of your losses and calculating the case’s worth, your lawyer will use this information, and the evidence collected to negotiate a settlement with all parties on your behalf. At that point, if a fair agreement cannot be reached, your personal injury attorney will have been building your case early in the process; and will be prepared to take your case to trial if necessary to secure the best possible outcome for you.
Who is Liable in a McAllen Motorcycle Crash?
How or why a motorcycle crash occurs will determine who is liable. When another driver causes your accident or strikes your motorcycle, it is likely because they were careless or made a mistake. Any form of careless driving, even when it is not intentional, is considered negligence. All users of the highway have a responsibility to ensure that other users are kept safe. The main question is, could the accident have been avoided, aside from the negligent act? If the answer is yes, then the motorist that behaved negligently will be liable for any resulting losses. Examples of the most common types of negligence that occur on the highway are:
- Distracted driving
- Speeding
- Following too closely
- Failing to give adequate room to turn
- Impaired driving
- Failure to observe traffic signs or signals
- Fatigued driving
- Aggressive driving
- Failure to adjust to road conditions
Common Motorcycle Accident Injuries
Thousands of motorcyclists are severely injured or killed every year in a preventable motorcycle crash. Some of the most common types of motorcycle accident injuries that occur to accident victims, include:
- Brain injuries
- Spinal injuries
- Neck injuries
- Fractures
- Extensive soft-tissue damage
- Whiplash
- Internal organ damage
- Road rash
Victims may be entitled to collecting damages that go beyond the repair or replacement cost of their personal property, and simple reimbursement of medical bills. They may also seek compensation for ongoing care, pain and suffering, emotional distress, lost wages and potential future expenses. Contact one of our McAllen motorcycle accident lawyers from De La Garza Law Firm to discuss the specific details of your case and what damages you can recover with a motorcycle accident lawsuit.
How Much is a Motorcycle Accident Claim Worth?
Economic Damages
Economic damages are tangible losses that can be quantified and their value is easily determined. Economic damages that can be recovered in a motorcycle accident lawsuit include, medical expenses, hospital bills, property damage, lost wages, future medical expenses, and other out-of-pocket costs resulting from the accident. With the help of McAllen motorcycle accident attorneys, you can hold a negligent party accountable for their actions and recover compensation to cover for these costs.
Non-economic Damages
Non-economic damages refer to non-monetary losses you suffered as a result of an accident. In Texas, you can recover non-economic damages following a motorcycle accident. Non-economic damages include mental anguish, psychological pain and suffering, loss of enjoyment of life, among others. These types of damages are harder to quantify and to prove, this is why we stress the importance of consulting with a personal injury attorney to discuss the value of your claim.
Common Causes of Motorcycle Accidents
Compared to a car or truck accident, a motorcycle wreck usually results in severe sometimes fatal injuries. Compared to other drivers, bikers lack the protective structure a vehicle provides and are more likely to suffer serious injuries when involved in a collision. There are some common causes of a serious motorcycle accident such as unsafe lane changes, speeding, distracted drivers, driving under the influence, dangerous road conditions, lane splitting, motorcycle defects, inexperienced drivers, and adverse weather. Motorcycle accidents can result in expensive medical bills and permanent injuries, speak with our motorcycle accident attorney in McAllen to discuss your legal options.
Texas Motorcycle Accident Statistics
- According to data from the Texas Department of Transportation, in 2019 412 motorcyclists suffered fatal accidents in Texas.
- Over 1,800 motorcycle riders suffered serious injuries.
- The cities with the highest number of motorcycle crashes include El Paso, Houston, San Antonio, Dallas, Fort Worth, Austin, Corpus Christi, Lubbock, and Odessa.
- In 2018, 49% of fatal motorcycle accidents involved a driver that was not wearing a helmet.
- Data shows that motorcyclists are 25 times more likely to be killed in an accident and 5 times more likely to be injured, compared to passenger car riders.
- In 2017, Texas ranked #2 as the state with the highest number of motorcycle accident fatalities per 10,000 registered motorcycles.
How to Determine if You Have a Valid Motorcycle Accident Case
To qualify for a motorcycle accident lawsuit or insurance claim, you will need to prove that someone else caused the collision. Many parties may be liable for an accident, including other motorcyclists, the manufacturers of defective parts, or government agencies that fail to maintain roads. In most cases, however, a motor vehicle or truck driver is responsible.
Many motorcycle accident lawsuits rely on the presence of negligence, or a party’s failure to uphold a certain duty of care. To prove your right to compensation, you will need to establish the four elements of negligence.
- Duty: The at-fault driver owed a duty of care to you at the time of the accident. All drivers have a duty to follow Texas traffic laws and operate their vehicles carefully.
- Dereliction: The at-fault driver breached his or her duty of care in some way. For example, running a red light or speeding would be breaches of duty.
- Causation: The at-fault driver’s breach of duty directly caused your accident.
- Damages: You sustained damages in the accident that you can collect in your lawsuit, such as medical expenses or lost wages.
If someone else caused your accident, you likely have grounds to file an insurance claim or lawsuit. To determine whether or not you can file a claim, it is best to speak to a personal injury lawyer at De La Garza Law Firm. Our lawyer will evaluate your claim and determine your optimal path to recovery.
Are You Required to Wear a Helmet in Texas?
According to Texas Transportation Code section 661.001, any person under the age of 21 must wear a helmet while riding a motorcycle. The helmet requirement does not apply to motorcyclists who are over the age of 21 and meet at least one of the following criteria.
- The motorcyclist has successfully completed an approved motorcycle operator training and safety course.
- The motorcyclist holds a health insurance plan that provides coverage for motorcycle accident injuries.
If you do not need to wear a helmet in Texas, it is still in your best interest to wear one. Not only do helmets protect you against very severe injuries, but failing to wear a helmet can harm your future accident claim. The insurance company may use this fact as a reason to reduce or deny your claim.
The court may claim that you are partially liable for the accident, reducing your award according to Texas’s modified comparative negligence rules. If the court believes you are mostly responsible for the accident, you will not receive any compensation at all.
Is Lane Splitting Legal in Texas?
Lane splitting refers to driving a motorcycle between rows of vehicles in the same lane. Many motorcyclists engage in this practice so they can avoid slow-moving traffic and reach their destinations faster. Many states have laws that prohibit lane-splitting—including Texas.
Not only is lane splitting illegal in Texas, but it is also very dangerous. When you ride a motorcycle between lanes of moving traffic, you increase the risk of an accident. Even if you are riding through a traffic gridlock, unexpected accidents can occur; for example, a driver may open their door out into traffic, and you can crash into it.
If you are in an accident while lane splitting, you may not be able to recover compensation for your injuries. Since lane splitting is illegal, the insurance company may claim that you caused the accident and deny your claim. In a lawsuit, the court can reduce or deny your claim according to Texas’s modified comparative negligence rules.
Contact Our Injury Lawyers Today
If a negligent driver caused your accident, explore your legal options with the skilled McAllen personal injury attorney at the De La Garza Law Firm. We have years of experience handling personal injury claims involving motorcycle accidents. Call us today or fill out our online contact form to schedule your free consultation. Our accident lawyers represent injured riders in McAllen and throughout the Rio Grande Valley.
