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If you have ever driven or ridden on a motorcycle you would probably tell people that riding a motorcycle is an exhilarating and enjoyable experience. Riding your motorcycle on a nice fall day is a great way to get to work or even just enjoy the outdoors. However, motorcycle riders will also probably warn you of all the dangers of riding a bike. Motorcycles face a unique set of challenges when they are sharing the road with other drivers, and accidents are all too common. Because of their design, when motorcycle accidents happen they often result in serious injuries.
If you have been injured while riding a motorcycle then you may be straddled with medical bills as well as struggling with debilitating pain, and property damage –you may also be entitled to financial compensation. The Irving, Texas motorcycle injury lawyers of Queenan Law can help. With more than 20 years of experience handling motorcycle accident claims in Texas, our skilled legal team is dedicated to helping crash victims fight for the maximum compensation. To set up a free legal consultation, call our law offices right away at (817) 476-1797.
Why Wearing a Helmet can Save your Life
Using a helmet is perhaps one of the most effective ways to prevent many serious and fatal injuries while riding a motorcycle. Even the most cautious and experienced motorcycle driver can be involved in a motorcycle crash, and wearing a helmet and other protective clothing has been proven to help prevent injuries in the event of a crash. However, despite ample evidence that wearing a helmet can dramatically increase survival rates, there is a large proportion of riders across the United States and in Texas who choose not to wear helmets.
Helmets are estimated to be thirty-seven more effective in preventing fatal injuries in motorcycle drivers and forty-one percent more effective for motorcycle passengers. In addition to all the facts and figures, wearing a helmet is the law in Texas, with only a single exception. Texas motorcycle, motor scooter, and moped operators and passengers are required to wear a helmet that conforms with the Federal Motor Vehicle Safety Standards. Despite the overwhelming evidence establishing that wearing a helmet increases the likelihood that a motorcycle driver will survive an accident, Texas law allows those individuals who are over the age of twenty-one and have completed a Department-approved Motorcycle Operating Training Course, to forego wearing a helmet. Additionally, a motorcycle driver who can establish that they can provide proof of at least $10,000 in medical coverage may be exempt from wearing a helmet.
Despite these exemptions, it is important for any driver or passenger on a motorcycle to consider the risk or not wearing a helmet. Even the most experienced drivers may be surprised and injured by an inattentive driver.
Motorcycle Accident Causes
There are countless conditions and events that can happen to a motorcycle rider while they are on the roads that can jeopardize their health and safety. Some of these factors are under the driver’s control, however, some are not. Below are some of the most common reasons for motorcycle accidents:
Driver negligence – Motorcycle drivers like other motorists need to be concerned not only with what they are doing but to a large degree, what other drivers around them are doing as well. The latter is very much a concern for motorcycle drivers. Because of their low profile and smaller size, it is much easier for another motorist to not see a motorcycle when they are making a turn or changing lanes.
Road Conditions – Road conditions that may not affect the driver of a car, SUV, pickup truck, may be disastrous for motorcycle drivers. Because motorcycles have a different center of gravity and leave their drivers and riders exposed with little to no protection, even a large stick may cause an accident. However, debris in the road is not the only dangerous road condition that drivers have to contend with. Uneven pavement, potholes, inadequate lighting, construction, weather conditions, and even animals have all been significant factors leading to motorcycle accidents.
Drunk driving – There have been troubling reports and statistics that point to elevated alcohol consumption before driving or operating a motorcycle. It is never a good idea, or even advisable, to drink after consuming any alcoholic beverage. However, it is not only drunk motorcycle drivers who lead to accidents. Other motorists who choose to drink and drive pose a significant danger to motorcyclists.
While you as a motorcycle driver can prevent some of these factors that lead to accidents such as avoiding drinking and riding and paying close attention to the road, there are events that happen that are beyond even the most skilled driver’s control.
How Much is a Motorcycle Accident Claim Worth?
This is a common question that an injured driver or passenger will ask after they have been involved in a motorcycle accident. Unfortunately, this is a difficult question to answer because each accident and each injury is unique to the person and the situation. Therefore, it is not only difficult to answer how much a motorcycle accident case may be worth but may be altogether impossible to give an answer to without reviewing your case. However, by examining Texas insurance laws, it is possible for an injured motorcycle driver or passenger to gain some insight into how their case may progress.
Texas is a fault insurance state, which as it pertains to motorcycle accidents means it is necessary for any injured person to prove the recklessness (disregard for risks) or negligence (carelessness) of the other driver or drivers in order to receive compensation. As an essential element of any injury case, an injured motorcycle driver or passenger will need to collect evidence of the other parties’ alleged negligence or recklessness. Evidence that has been used to prove negligence and recklessness have included accident footage, crash site photographs, medical records, police accident reports, statements from eyewitnesses, wreckage analysis, and other pieces of information.
This fault-based insurance system means that if you have been injured because of another drivers’ recklessness or negligence an injured person may be entitled to a settlement or award based on a variety of factors including:
- The extent and severity of your injuries.
- The extent to which your earning ability is affected by the injuries.
- Whether your injuries are of a permanently disabling nature.
- Whether your injuries have or will produce permanent scarring.
- The income you lost due to being out of work and receiving treatment after your accident.
- The amount of medical care you will require in the future.
Injury compensation may be available for financial and non-financial losses. Economic damages compensate financial losses, such as medical bills and lost income, while non-economic damages compensate non-financial losses, such as the pain and suffering experienced by the accident victim.
Irving Personal Injury Lawyers Fighting for Motorcycle Crash Compensation
The motorcycle injury attorneys at Queenan Law bring over 20 years of legal experience to their practice and have been helping accident victims fight to obtain compensation for their pain and suffering, medical expenses, and lost wages resulting from a motorcycle accident. Taking a proactive and strategic approach to every claim, we are firmly committed to providing our clients with aggressive legal representation.
After you’ve been seriously hurt in any kind of vehicular accident, you need to get plenty of rest. Let the experienced Dallas injury lawyers of Queenan Law handle the legal work and settlement negotiations, so that you can simply focus on recuperating. We will work closely with you to keep you fully informed of every detail and progression in your case.
To set up a free legal consultation with Queenan Law, call our law offices at (817) 476-1797. We can help you understand whether you have a claim and the possible legal options that may be open to you and your family at this time. Our accident attorneys are proud to represent the residents of Dallas, Houston, Fort Worth, and Arlington.