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Many motorcycle accidents result in devastating or catastrophic injuries due to motorcyclists’ relative lack of protection. A motorcyclist’s injuries are usually more severe than those sustained by drivers and passengers of cars. Motorcyclists are among the most vulnerable groups who travel on public roadways and motorcycle accidents often result in broken bones, head and neck injuries, traumatic brain injuries, or death.
TEXAS MOTORCYCLE ACCIDENT STATISTICS
According to the Texas Department of Transportation, overall, in the state of Texas, in 2019:
- There were 410 motorcyclists (operators and passengers) killed in 2019. Forty-five percent (45%) of motorcyclists killed were not wearing helmets at the time of the crash.
- There were no deathless days on Texas roadways in 2019.
Additionally, the Texas Department of Transportation reported that out of the 420 fatal motorcycle crashes that occurred in 2019:
- 167 happened on rural roads
- 253 happened on urban roads
COMMON CAUSES OF MOTORCYCLE ACCIDENTS
The most common causes of motorcycle accidents are:
Following too closely is a major cause of accidents for all vehicle types. While fender-bender accidents often cause little damage for most vehicles, a rear-end accident involving a motorcycle may cause serious injuries, especially if the force of the collision is strong enough to eject the rider from the bike.
One of the leading causes of motorcycle accidents is speeding. A speeding motorcyclist reduces their ability to react in time to a vehicle that suddenly changes lanes or stops in front of them.
Cars Making Left Turns
Left-turn collisions are common with other vehicles as well, but a motorcycle’s smaller size makes it even less visible to a turning vehicle.
Lane splitting occurs when a motorcyclist rides between two lanes, an act that is illegal in most states, including Texas. Even if you are in a state that allows for lane splitting, you should not. While a motorcycle is small enough for riders to get through traffic jams by riding between two lanes, one wrong move may jeopardize a motorcyclist’s life.
COMMON MOTORCYCLE ACCIDENT INJURIES
Injuries from a motorcycle accident may be severe, and even life-threatening. Victims who survive these accidents may suffer debilitating injuries, including:
The severity of a head injury could vary from a bump or cut to a concussion or traumatic brain injury. A helmet should reduce the chance of a brain injury, and also keep a fall from causing more than a concussion.
An impact to the side of your head, with or without a helmet, may also affect your ability to hear. The effects may range from temporary to permanent hearing deficit or complete loss.
Road rash is a motorcycle injury sustained when a rider slides across the pavement after a wipeout. If the clothing is thin enough, the pavement may scrape through the layers of a motorcyclist’s clothing, reaching the skin underneath. This injury is often more severe than a simple scrape or bruise. It may also lead to more permanent damage, such as skin irritation, infections, and even surface nerve damage. You should have your injury professionally cleaned and treated following an accident to prevent infection.
It’s human instinct to stretch the arms forward to lessen an impact. However, by doing this, the resulting impact may lead to nerve damage in the biker’s arms. Sturdy clothing and elbow pads may be the best protection against biker’s arm.
Following an accident, common injuries may not only involve injury to the leg, but also the knees and feet. While these injuries are not usually fatal, they could grow into something worse or become permanently disabling. Leg injuries may include sprains, muscle injuries, or breaks. Treatment for these injuries may involve surgeries and skin grafts.
Bruising Or Internal Bleeding
Because of the increased impact during a motorcycle accident, bruising and internal bleeding are likely to occur. If you are bleeding from an orifice or anywhere that you wouldn’t normally see blood, you should seek medical attention immediately. Internal bleeding may be severe enough to require immediate surgery.
WHAT TO DO IF YOU HAVE BEEN INJURED IN A MOTORCYCLE ACCIDENT
If you’ve been injured in a motorcycle accident, you may want to consider taking these steps:
1. Seek Medical Attention
You should seek medical attention immediately after an accident, either at your local emergency room, or by seeing your physician. While injuries may not feel serious initially, they often have the potential to develop into something much worse when left untreated. Remember that medical records may help prove that your injuries were caused by the trucking accident, so be sure to keep an organized record of any documented injuries.
2. Call the Police
It’s important to have the details of the crash documented by the police. An accident report stating how the other party caused the crash may be helpful evidence when filing a motorcycle accident lawsuit.
3. Obtain the Other Driver’s Information
You should obtain the name, address, phone number, and insurance information of all persons involved in the accident, including passengers. If there are witnesses, you should write down their contact information as well, so that you or your attorney may contact them in the future.
4. Document the Scene
If you happen to have a camera or smartphone nearby, you should take pictures of the area in which the accident occurred. If possible, try and photograph the positions of the vehicles involved in the crash before they are moved from the accident scene. If you have visible injuries, you should photograph them as well. These photos may provide useful evidence in proving your injury claim.
5. Inform Your Insurance Company
Call your insurance company within 24 hours after the accident. It’s important to cooperate with them and tell them exactly what happened and the extent of your injuries. If the insurance company finds out that you were untruthful about anything, your claim could be denied coverage.
6. Consult with an Attorney
A motorcycle accident attorney may not only help with gathering your claim documentation, but may also help you establish liability and seek and negotiate fair compensation for your injuries. At Zinda Law Group, our experienced motorcycle accident attorneys have the knowledge and resources necessary to help you build the strongest case possible and to seek the compensation you may be entitled to.
WHO MAY BE LIABLE
There are several parties who may be liable for your injuries:
Like any car accident case, if the other motorist in the collision was doing any of the following, chances are they are either partially or fully liable for the accident:
The motorcycle manufacturer may be responsible for an accident. For example, liability may be imposed on the manufacturer if your brakes failed or a tire blew out and caused you to crash.
Government Agencies and/or Contractors
Sometimes, the road may not have been properly maintained. Poor road maintenance may cause hazards such as potholes, poor visibility, uneven pavement, or debris in the road. The city or municipality responsible for maintaining the road is usually liable for this type of accident.
STATUTE OF LIMITATIONS
For car accidents in Texas, the standard statute of limitations is two years, meaning that a victim must file their personal injury claim within two years after the date of the accident. When the other driver’s negligence results in the death of another, the victim’s estate may pursue a wrongful death claim on his or her behalf. The statute of limitations for these types of claims is two years.
You meet the statute of limitations by filing your lawsuit by the deadline. Negotiating with the insurance company is not enough to beat or extend the time limit.
After filing your claim with the court, it doesn’t matter how long your case may take to resolve. You beat the statute of limitations as long as you file your claim at least the day before the time limit runs out.
COMPENSATION AVAILABLE IN A MOTORCYCLE CLAIM
Most motorcycle accidents result in catastrophic and expensive injuries. Your motorcycle may have been totaled as well. As the medical bills add up, you should speak to an experienced motorcycle accident attorney about the compensation you may be entitled to. Recoverable damages in a motorcycle accident claim may include:
If you have been unable to work for days, weeks, or months, you may have the right to be compensated for lost income. This may include compensation for lost future earning capacity as well.
You may be entitled to compensation for repairs to your motorcycle, or the value of your motorcycle if it was destroyed in the crash.
Medical Bills and Costs
All past, present, and future medical expenses may be compensated for after your accident. This may include ambulance fees, hospital stays, surgeries, physical therapy, medications, and doctor’s appointments.
Pain and Suffering
You may also recover financial compensation for damages not defined in monetary terms, such as:
- Pain and suffering
- Emotional distress
- Physical impairment
- Physical disfigurement
- A lowered quality of life
- Mental anguish
GET HELP FROM OUR LUBBOCK MOTORCYCLE ACCIDENT ATTORNEYS
At Zinda Law Group, our Lubbock attorneys have the experience and knowledge that has helped injured victims seek compensation after suffering an injury from a motorcycle accident. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
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