Texas Motorcycle Accident Lawyer | DFW Injury Lawyers (2024)

Kevin L. Edwards

After experiencing a motorcycle crash, you are probably suffering from serious physical injuries and emotional trauma. You are also likely to face a sudden and unexpected string of financial losses, especially if your injuries are substantial.

You are probably wondering what insurance policy, or policies may cover your losses, but you might not fully understand your legal rights and options here in the DFW area. This is especially true if another person caused your accident and your injuries.

If you or a loved one recently experienced a motorcycle accident with significant losses, the Texas motorcycle accident lawyers at DFW Injury Lawyers can help you learn more about your legal options. Depending on the situation, you may be eligible for compensation from another motorist or negligent party.

Find out more about us now, and reach out when you are ready to talk to an experienced personal injury lawyer. In the meantime, keep reading to learn more about motorcycle accidents, the law here in the DFW area, and how a motorcycle accident claim works.

How Often Do Motorcycle Accidents Happen in Texas?

Motorcycle accidents happen on a daily basis throughout Texas. Unfortunately, recent data has revealed that motorcycle accidents, injuries, and fatalities have increased throughout the state over the past several years.

In one recent year, the Texas Department of Transportation reported that 562 motorcycle riders were fatally injured in motorcycle accidents. That was an 8% increase from the prior year.

Unfortunately, the trend goes even further back. A few years ago, there was a 17% increase in fatal motorcycle accidentsdespite a huge reduction in overall motorist traffic as a result of stay-at-home orders, lockdowns, and pandemic restrictions.

How Do Most Motorcycle Accidents Happen?

In general, motorcycle accidents happen for three main reasons: driver error, motorists disobeying traffic laws, and poor road conditions. Not every accident is avoidable, and when someone else causes a situation that leads to a crash, you should not have to shoulder the resulting financial burdens on your own. Regardless of the type of wreck, if someone else’s negligence or carelessness injures you, trust a dedicated Texas motorcycle crawh lawyer at DFW Injury Lawyers to protect your rights.

Here are the top causes of motorcycle crashes:

Distracted Driving

Distracted driving is one of the leading causes of motorcycle and car accidents nationwide. Distractions can happen for a number of reasons, but they all have the same result — they take your focus away from the road and the task of driving.

Distracted driving can lead to a collision in a matter of seconds. Distractions could come in the form of text messages, GPS devices, the radio, food, drink, passengers, changing radio stations, or cell phone calls.

Reckless Driving

Speeding is the most common form of reckless driving and one of the top causes of motorcycle accidents in Texas and throughout the country. Reckless driving is defined as driving behaviors that are dangerous and put other motorists at unnecessary risk. Behaviors like speeding, tailgating, aggressive lane changing without signaling, failing to yield the right of way, and other actions are all considered reckless driving.

Reckless driving amounts to negligence, so it is important to determine if this was a factor in your crash.

If you believe another motorist was driving recklessly and that caused your crash, our team can help. Using our extensive accident litigation experience, we help our injured clients prove the other driver was acting recklessly and negligently.

Limited Visibility

Another common cause of motorcycle accidents is limited visibility. Since bikes are smaller than traditional cars, sometimes other motorists can experience “blindness” toward motorcycles on the road. As a result, they can fail to give motorcycle riders the right of way.

Limited visibility results from inclement weather, vehicle blind spots, headlight failure, or other reasons.

Hazardous Road Conditions

Motorcycle riders are particularly vulnerable to hazardous road conditions. A pothole, for instance, could cause a biker to lose control, whereas another vehicle might just drive over it. Rough roads, loose gravel, open bridge joints, edge breaks, and slick surfaces during rain or snow can all contribute to a motorcycle accident.

Driving Under the Influence

Another leading cause of motorcycle crashes in the DFW area is motorists driving under the influence. Under Texas law, it is a crime to operate a motor vehicle if you are under the influence of alcohol, narcotics, or even certain prescription medications.

In Texas, a driver is deemed to be under the influence of alcohol when their blood alcohol content exceeds 0.08%. You can also be considered under the influence if you fail a sobriety test and it’s suspected that you’re under the influence of marijuana or other drugs.

Common Injuries Our Motorcycle Accident Lawyers Handle

A recent 2022 study showed that both Dallas and Fort Worth are two of the most dangerous cities for motorcyclists when it comes to biking accidents, injuries, and fatalities.

Motorcycle riders are more likely to experience significant injuries if they are involved in a crash. One main reason why bike collisions are so serious is because you do not have the same level of protection as you would in a motor vehicle. When you get into a collision on a bike, you are likely to be thrown from your ride.

Another reason is the huge size disadvantage. Since cars and especially trucks are heavier and bigger, the impact is felt more by the biker than the other motorist.

Here are some of the most common motorcycle accident injuries our dedicated legal team handles:

Wrongful Death

Unfortunately, motorcycle accidents can lead to fatal injuries. A wrongful deathoccur when someone else’s negligence causes a crash that leads to a fatal injury. If a loved one lost their life in a motorcycle accident, it is best to consult with an experienced Texas wrongful death attorney as soon as possible about the situation.

Traumatic Brain Injuries

One of the most common and severe injuries motorcycle riders can endure after an accident is a traumatic brain injury. This type of injury can range from mild to severe.

If you are in a motorcycle accident, whether you are wearing a helmet or not, you should seek medical attention right away to rule out any head injuries. If you lose consciousness at all, get a medical evaluation immediately. Your symptoms could be a sign of a mild concussion — or it could be something else. Without treatment, your situation could worsen quickly.

Spinal Cord and Neck Injuries

Due to the fast and sudden stop associated with a crash, bikers often sustain spinal cord and neck injuries after accidents. From whiplash to disk issues, this type of injury can cause long-term problems, including loss of organ function, breathing problems, and paralysis.

Paralysis

In cycle accidents, a neck, back, or other type of injury could result in paralysis. Paralysis means that you could lose the ability to control your legs or arms or other bodily functions.

As you can imagine, paralysis leads to a loss of independence and a whole host of financial concerns. For example, in many cases, a paralyzed person is unlikely to return to their previous job and the resulting lost income can be devastating.

Loss of Limb(s)

Motorcycle accidents are known to cause amputations or the loss of limb(s). This type of injury can occur immediately in the form of a traumtic amputation. Or, problems can start with severe road rash when the skin and tissue in a particular area are rubbed off by the asphalt, bike, or something else. When underlying bones and muscles are exposed and infection sets in, an amputation might be necessary. However, these types of serious injuries are not particularly common.

Fractured and Broken Bones

Motorcycle accidents can often cause fractured or broken bones. These types of injuries can lead to short-term losses, like lost income, but there are usually fewer long-term or life-long impacts after the recovery period.

Soft Tissue Injuries

Soft tissue injuries happen when ligaments, muscles, or tendons experience trauma during an accident. These types of injuries, like sprains and strains, can take a long time to heal. Soft tissue injuries can also significantly limit a person’s mobility while they recover.

Internal Injuries

Internal injuries are usually very serious. They could include tears, cuts, or serious trauma to a person’s organs, the heart, or another vital body part. Internal injuries usually require immediate emergency care, and they could lead to a very long recovery period.

Road Rash

If you get thrown from your bike and are not wearing significant protective clothing, you are almost certainly going to experience road rash.

Road rash is a type of burn that happens when you scrape against the asphalt in the road. Even if you are wearing jeans, clothing can get ripped, leading to road rash in several areas. Road rash can become infected and lead to even more serious medical concerns.

Who Can Our Motorcycle Injury Lawyers Hold Responsible for Your Motorcycle Accident?

Under Texas law, all motorists on the road automatically assume a legal duty to provide for the care and safety of everyone else on the road. Drivers who engage in reckless or negligent driving behaviors and cause a crash are considered legally liable for the financial losses associated with that crash.

Texas laws use a modified comparative negligence standard. This means that accident victims can request compensation as long as they are less than 50% at fault for the accident. If you were mostly at fault for your crash, you are unlikely to have a successful claim.

If you are unsure who might be at fault after your wreck, ask a knowledgeable motorcycle accident lawyer at DFW Injury Lawyers for help.

Important Motorcycle Accident Laws in Texas

Texas law allows injured motorcycle accident victims to seek financial compensation from negligent parties that caused their crash.

Financial compensation may include both economic and non-economic damages in the form of medical bills, property damage, pain and suffering, emotional distress, lost income, or more. If you were injured in a motorcycle accident, you need to understand the laws that apply to your situation and what you are entitled to receive. Our skilled motorcycle crash lawyers can answer all your questions during a free consultation.

Here are the three main laws that could impact a potential motorcycle accident claim:

1. Helmet Laws

Under Texas law, every rider who gets on a motorcycle who is under 21 years old must wear a helmet.

If you are over 21, then the law is more flexible. You must wear a helmet unless you have completed a motorcycle safety course or you purchased a health insurance plan that covers motorcycle accidents.

2. Prohibition of Lane Splitting

Lane splitting happens when a motorcycle rides in between two legal lanes while vehicles are stopped or moving slowly. This type of motorcycle maneuver is illegal. If a biker commits this type of traffic offense, they may be deemed at fault for an accident.

Note that lane splitting is currently only legal in California in the United States. Lane splitting is much more common in parts of Europe, South America, and Asia.

3. Mandatory Minimum Liability Coverage

In Texas, motorcycle riders must take out a 30/60/25 insurance coverage policy. This type of insurance covers up to $30,000 in bodily injury insurance per person, $60,000 in total bodily injury coverage, and up to $25,000 in property damage per accident.

Texas Motorcycle Accident Lawyer: FAQs

1. When Should I File a Motorcycle Accident Injury Claim in Texas?

If you were struck by a vehicle in the DFW area, your first step is to call the police and report the accident. From there, evaluate your losses: A minor accident may not warrant a claim. Such an accident could potentially be handled privately through your insurance policy. We can assess your unique circ*mstances and explain your rights so you can make the best decision possible.

An accident with significant losses, however, may need greater attention. If your injuries are severe or your losses are significant, contact a Texas motorcycle accident attorney at DFW Injury Lawyers to determine if you should file a claim. We can answer all your questions during a free consultation.

2. Should I Sue a Negligent Party for a Motorcycle Accident?

If you know the other party was negligent and they caused your accident, you likely already have a good basis for a possible claim. Another factor you need to review, though, is the extent of your losses. Sometimes, it is not worth your time to sue a negligent party, especially if your losses are minimal or they could be covered by filing a simple insurance claim.

To determine your best course of action, consult our motorcycle crash lawyers right away. We can analyze your situation and help you make a solid decision.

3. Can I Sue After a No-Contact Motorcycle Accident?

Yes: It is possible for riders to sue motorists even if the two vehicles never made contact. A driver who acts negligently and causes a rider to crash their bike can potentially be legally liability for the results of an accident that ensues.

4. What Percentage of Motorcycle Accidents are Fatal?

According to data compiled by the National Highway Traffic Safety Administration, riders and motorcycle passentgers have a much higher chance of experiencing fatal injuries in an accident than victims in a traditional car. Data shows that there is about an 80% chance a rider will be injured in a motorcycle accident.

It is difficult to pinpoint what percentage of total motorcycle accidents are fatal because many minor motorcycle accidents go unreported.

5. What is a Contingency Fee Agreement?

One of the biggest reasons why accident victims do not consult with injury lawyers about their situations is that they do not want to add more financial strain to their current situation. Since an accident usually results in serious financial losses, many people assume they can not afford legal representation.

That is far from the case, though. Our Texas personal injury attorneys operate on a contingency fee basis. That means you do not have to pay any money upfront to learn whether you have a viable claim.

Then, if our attorneys think you have the basis for a claim, we can help you pursue the compensation you deserve. With our contingency fee arrangement, our lawyers are not paid until your settlement or verdict check arrives. When that happens, attorney’s fees are paid as a percentage of your overall award. Don’t let your financial concerns keep you from working with a skilled injury attorney. Contact us for a free consultation now.

Contact a Texas Motorcycle Accident Lawyer Today

If you were involved in a motorcycle accident, you may have the right to bring a personal injury claim to recoup your financial losses. The high-quality Texas motorcycle accident lawyers at DFW Injury Lawyers can be a valuable asset during this challenging time.

Not only can our lawyers help you make an informed decision about whether filing a claim is worth your effort, but they can also help you every step of the way. A qualified motorcycle crash lawyer can help you avoid common mistakes, value your claim appropriately, negotiate with the other party, file all your paperwork, and help ensure your claim is as strong as possible.

At DFW Injury Lawyers, our past case results speak for themselves. If you choose to work with us, we’ll do everything we can to ensure justice is served. It’s time you got the compensation you deserve.

Are you ready to get started? Schedule a free consultation with our firm now to discuss your situation in more detail with our motorcycle accident attorneys. Call us at (972) 440-2320 or complete our contact form today.