Dallas Motorcycle Accident Lawyers
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Riding a motorcycle can be an enjoyable way to pass the time. However, motorcycles can also be extremely dangerous. Accidents involving motorcycles are more likely than accidents with other vehicles to result in serious bodily injury or death.
If you have been the victim of a motorcycle accident, it is important that you know your legal rights for pursuing a motorcycle injury lawsuit in Dallas. An experienced Dallas motorcycle injury lawyer may help guide you through the process of legal action and help get you the compensation you deserve.
MOTORCYCLE ACCIDENT STATISTICS
Motorcyclists are far more vulnerable to the weather and hazardous road conditions than drivers of cars or SUVs. This is because motorcycles are not closed in, have only two wheels, and are more unstable than a typical car, truck, or SUV.
The riders of motorcycles are more likely to be injured in an accident, due to the lack of protection a motorcycle provides when compared to a closed-in vehicle. In fact, The Insurance Institute for Highway Safety (“IIHS”) estimates that in 2017, the number of deaths on motorcycles was nearly 27 times the number of deaths of drivers in closed-in vehicles per mile driven.
Serious brain injury is common among fatally injured motorcyclists. This is why wearing a helmet is vital for all motorcycle riders. IIHS reports that wearing a helmet prevents about 37% of motorcycle-related deaths and about 67% of brain injuries resulting from an accident.
In 2018, a total of 4,985 motorcyclists nationwide died in crashes. This number accounted for 14% of all motor vehicle crash deaths in the same year. Twenty-eight percent of the fatally injured motorcyclists in 2018 were younger than 30 years old. Ninety-one percent of all motorcycle deaths in the same year were male. Out of the total 4,985 deaths in 2018, approximately 310 were those of the passengers.
In 2018, 26% of fatally injured motorcycle drivers had a blood alcohol concentration at, or above, 0.08%.
In 2019, there were, sadly, 410 motorcycle-related fatalities in Texas. Of those fatalities, 394 were the drivers of the motorcycle, while 16 were passengers. In 2019, the most common age of motorcycle fatalities was 26. The total number of fatalities is down slightly from 2018, which showed a total number of 419 motorcycle crash fatalities.
Once again, it is extremely important to wear a helmet when on a motorcycle, whether you are the driver or passenger. Forty-five percent of motorcyclists killed in 2019 were not wearing helmets at the time of the crash.
The total number of motor vehicle fatalities in Texas in 2019 was 3,610. This was a slight decrease from 2018, which saw 3,652 deaths.
COMMON CAUSES OF MOTORCYCLE ACCIDENTS
If you are riding a motorcycle, it is important to be vigilant to avoid an accident and possible injury to yourself or others. Below are examples of some common causes of motorcycle accidents.
Twenty-six percent of fatally injured motorcycle drivers had a blood alcohol concentration of at least .08%. Texas law prohibits drivers from having a blood alcohol concentration of .08 percent or more. Even if the motorcyclist is not drinking, there is still the very real risk that another motorist is drinking and driving, resulting in injury or death to the motorcyclist.
Lane splitting is when a motorcyclist drives between two traffic lanes. Lane splitting is extremely dangerous and illegal in many states. Motorcyclists typically ride between two lanes when traffic is slowed or stopped. However, there is still a risk of injury, even with slower traffic. Other vehicles may not expect to see a motorcycle and may try and change lanes without checking for someone who is lane splitting. Lane splitting is ill-advised and could lead to serious injury.
Dangerous Road Conditions
Due to their size and less stable nature, motorcycles are more vulnerable to hazardous road conditions when compare to a closed-in vehicle. Crumbling pavement, potholes, or even dead animals can cause a motorcyclist to lose control and get into an accident.
The weather can also cause poor road conditions. Rain or snow could easily cause slippery or icy roads, leading to a motor vehicle accident. Motorcyclists are advised to always check the weather forecast before driving.
Although riding a motorcycle is more dangerous than a typical vehicle, there are some relatively easy precautions you can take to make the ride safer, and more enjoyable.
Wear the Proper Gear
No matter how hot it may be, it is always important to wear pants and closed-toe shoes. Shorts and flip flops will not provide you any protection against road rash if you were to slide. A leather or otherwise reinforced jacket, pants, and boots will give you the most protection against injury.
Wearing a helmet is also key when riding a motorcycle. If your helmet is open-faced, it is also important to wear eye coverings, such as glasses or goggles.
Inspect your Motorcycle
As with any vehicle, a motorcycle requires proper maintenance to work correctly. Check your bike’s tire pressure, look for leaks, make sure the mirrors are in place, and that the lights are working correctly before you ride. Further, you should also be diligent about regular oil changes, suspension adjustments, and stay on top of the brake pad and tire wear.
Use Your Head
Stay mindful of the road and be aware of your surroundings. Watch for hazardous road conditions, other drivers, and bad weather. Keep your head and eyes up while rounding corners and make sure lanes are clear before merging. Further, it is important to know your skill level and be comfortable with your chosen route. Always ride to your comfort level.
HOW LONG DO YOU HAVE TO FILE A CLAIM?
Unfortunately, motorcycle accidents still happen, even if you take all the necessary precautions. If you or a loved one has been involved in a motorcycle accident, you should act quickly to ensure you are able to collect the compensation you deserve.
According to Texas law, you have two years to file a claim if you were injured in a motorcycle accident. The first step in filing this claim is to contact an experienced Dallas personal injury attorney. Zinda Law Group’s motorcycle injury lawyers may help guide you through the entire process.
A lawyer may work with you to determine whether you have a valid negligence claim against the at-fault driver, and then file a lawsuit to ensure you meet the two-year statute of limitations. Your lawyer may then represent you in negotiations with the opposing party and their insurance company to try to reach a settlement agreement.
WHAT IS YOUR POTENTIAL COMPENSATION?
If you are the victim of a motorcycle accident, you may be able to pursue compensation for your injuries. There are three different types of compensation, or “damages”:
1. Economic Damages
Economic damages are damages that can be objectively measured. Examples of these damages are:
- Medical bills
- Pharmacy bills
- Rehabilitation costs
- Property damage
- Lost income (present and future)
- Loss of earning capacity
2. Non-Economic Damages
Non-economic damages are more subjective than economic damages and are non-monetary losses. Examples of these are:
- Pain and suffering
- Emotional distress
- Loss of consortium
3. Punitive Damages
The last type of compensation is punitive damages. Punitive damages are not awarded to compensate the victim, but are instead meant to punish the wrongdoer. This type of award is generally very rare and should not be expected from every case.
Learn More: How to Calculate the Value of Case
CONTACT ONE OF OUR DALLAS MOTORCYCLE ACCIDENT LAWYERS TODAY
If you or a loved one has been involved in a motorcycle accident, contact Zinda Law Group. Our experienced Dallas attorneys are passionate about helping victims seek compensation for their injuries.
Victims should not have to worry about affording legal representation after an accident. This is why we offer 100% free consultations. You will pay nothing unless we win your Dallas motorcycle accident lawsuit. That is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.