Houston Motorcycle Accident Lawyers

The Importance of Hiring a Skilled Houston Motorcycle Accident Lawyer

Motorcycle riders are a common sight on Texas roads. Unfortunately, so are motorcycle accidents. While bikers enjoy the sense of freedom that comes with riding a motorcycle, they also face higher risks of crashing. That higher risk probability continues after the accident, as motorcycle operators and passengers face or are more likely to die in crashes or, if they survive, sustain severe and life-changing injuries.

Partnering with a skilled motorcycle accident lawyer is the most important step you can take after getting medical care following a motorcycle accident. Some victims do not pursue a lawsuit, losing out on compensation they may need to reach maximum recovery and restore their quality of life, often because they think they cannot afford an attorney. As a result, their medical bills pile up, their pain and suffering continue, and their financial stability steadily erodes.

If you have been injured in a motorcycle accident, do not let fear of fees stop you from getting the fair compensation you deserve. Get a free consultation with the Houston motorcycle accident lawyers from Williams Hart & Boundas. When we decide to take your case, you still do not have to worry about payments. We work on contingency, which means we do not collect any fees until delivering you a successful outcome. In other words, we “win” with our clients as a team. Our Houston motorcycle accident lawyers have a comprehensive understanding of Texas personal injury law and are fierce advocates for motorcycle accident victims.

Representing All Motorcycle Accident Victims

Motorcyclists are especially vulnerable when involved in crashes. Bikers have little to protect them upon collision with the road itself, other vehicles, or fixed objects. As a result, they often need extensive medical treatment, including surgeries, physical therapy, other rehabilitative measures, and continuing medical care.

They also feel the high costs of pain and suffering resulting from their physical injuries and emotional trauma. Our Houston motorcycle accident lawyers will work to get coverage for medical bills and other financial losses and acknowledgment of the physical and emotional toll of the accident.

Motorcycle Bias Is Real

Unfortunately, there is a bias against motorcyclists. Often, they are perceived as reckless, dangerous drivers, rebels who refuse to obey the rules of the road or any other rules. These biases can work against motorcyclists injured in accidents.

Insurance companies, even the one representing the biker, may automatically assume the motorcyclist bears at least some fault for the incident. The biker and their attorney are frequently forced to work harder to prove what really happened to prevent getting less compensation than they deserve. Our legal team protects the rights of injured motorcyclists. Bias has no place in personal injury law and should never compromise or deny injured victims’ rights.

We will seek a settlement or a trial verdict to acknowledge damages, including loss of your quality of life, pain and suffering, medical bills, and continuing medical care. Fair compensation also recovers income lost during your recovery time or future lost wages and benefits if you cannot work again. Our legal team knows how to value cases thoroughly and will not discount or miss any of your accident-incurred losses.

We Are Ready to Fight for You Inside and Outside the Courtroom

Many personal injury cases are settled outside of the courtroom through negotiations with the at-fault party’s insurance or other representatives. We will work toward that outcome for your claim so you can avoid the time and energy required for a court case.

That said, Williams Hart & Boundas is a team of trial lawyers. We are not afraid of courtroom battles. If the other side refuses to respect your losses and offer a substantial, just settlement, we will fight fiercely for your personal and financial justice at trial. Some firms want to avoid going to trial even if that decision costs their clients the funds they need and deserve. Not us.

Whatever the circumstances, if you are a motorcycle accident victim, you need representation from an experienced legal team, and you can get that representation with our firm. Our Houston motorcycle accident lawyers are ready to get to work for you. Reach out for your free consultation today.

Experience Investigating Motorcycle Accident Cases

Through a comprehensive investigation of your motorcycle accident, our Houston motorcycle accident lawyers will identify the liable parties and gather evidence to prove the at-fault party’s negligence and support your claim for damages.

Williams Hart & Boundas has the connections and resources needed to make the investigation as thorough as possible. We may work with accident reconstructionists — a team of engineers, forensic experts, those with law enforcement experience, and other experts — to analyze your accident. Through reconstruction, they can understand the cause of the accident, the rate of speed of vehicles involved, the severity of the impact, road conditions, and other important elements. Their input is extremely valuable in identifying liable parties and discovering evidence.

Your experienced personal injury lawyer from our law firm will explore every possible source of evidence to support your case, including, but not limited to:

The police report
Your medical records, which may reveal how your injuries happened
Witness statements
Dashcam, security, or traffic camera film showing the collision and / or the moments before or after
Testimony from your caregivers
Accident reconstruction analysis

Every Texas motorcycle accident is different, and the attorneys at our law firm know this. They will respond to your case according to its unique circumstances and look for whatever evidence is needed to support your specific claim. This custom-made approach is designed to ensure we give each of the motorcycle accident victims we serve the best chance of securing a high settlement or large trial verdict.

Possible Liable Parties for a Texas Motorcycle Accident

In legal terms, Texas follows a system of “modified comparative fault.” According to the Texas Civil Practice and Remedies Code, Section 33.013, motorcycle accident victims or other personal injury victims can only seek compensation if they are less than 50% to blame for the accident. If you are more than 50% at fault, you cannot file a claim for damages. Further, your damage award will be reduced by the same percentage you are liable.

Any personal injury claim depends on proving the at-fault party’s negligence. However, Texas also requires that the victim is eligible to hold the other party accountable. A personal injury lawyer can help motorcycle victims avoid being assigned unwarranted blame that could prevent them from getting the full compensation they request.

Along with protecting the victim, a personal injury lawyer will work to hold the liable party accountable. Liable parties can include:

Another driver: Negligent drivers may ignore traffic laws, drive recklessly, drive under the influence, or engage in other dangerous behaviors. Drivers may also make accidental errors or just lack experience. Still, when these unintentional mistakes cause you harm, you have the right to hold them accountable.
A vehicle or part manufacturer: Motor vehicle operators trust their vehicles to work properly. If a manufacturer produces a defective vehicle or part, and that defect causes an accident, the manufacturer may be culpable.
A mechanic or inspector: Shoddy repair work or careless inspections can put or keep dangerous vehicles on the road, putting all who share the road at risk.
Governing bodies: Different government offices are responsible for maintaining road conditions. Potholes, uneven road surfaces, and road debris can cause accidents through tire blowouts, collisions, or skid-outs. Traffic signals and street lighting also fall under the purview of government offices, and lack of maintenance can lead to dangerous intersections and many other hazardous driving situations.

If your Texas motorcycle accident results from a government failure, the process for filing your claim and taking your case through the system is different than if your claim is against a private individual or company. Chapter Seven of the Texas Civil Practice and Remedies Code establishes these special procedures. The laws governing lawsuits against government entities are complex and especially intimidating for motorcycle accident victims to navigate on their own.

Our law firm is equipped to handle these and any other challenges your case presents. We are prepared to hold any liable party–another driver, a large company, or even the government–accountable for your damages.

Car Accidents vs. Motorcycle Crashes

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle crashes are more frequently fatal than other vehicle accidents. For a recent full year of data collection, motorcycle wrecks accounted for 14% of all traffic fatalities while being only 3% of registered vehicles, as reported by the National Safety Council (NSC).

Per vehicle miles traveled, motorcycle riders are:

About 24 times more likely than occupants of passenger vehicles to die in a motor vehicle crash
Four times more likely to sustain injury than passenger vehicle occupants

Motorcyclists not only represented 14% of traffic fatalities for the same year of data collection but 17% of all vehicle-occupant fatalities and 3% of all occupant injuries. The Insurance Information Institute (iii) counted 82,686 motorcycle accident-related injuries for that year.

The NSC also reported 5,932 motorcycle accident-related deaths for the year, representing a rate of 30.5 deaths per 100 million vehicle miles. According to the report, the number of motorcycle deaths increased by 19% and the death rate by 29% over a recent 10-year period. The number of nonfatal injuries rose by 5% over a recent year, though the injury rate showed a 4% decrease.

For comparison, the NHTSA report shows passenger vehicles represented 92% of all registered vehicles and 88% of all vehicle miles traveled. They were represented in 76% of all fatal motor vehicle crashes. For that year, 26,325 passenger-vehicle occupants were killed in crashes, and 2,092,541 sustained injuries.

Clearly, a major difference between car accidents and motorcycle crashes is the rate of occurrence. While the actual number of fatalities resulting from passenger car crashes exceeds the number of motorcycle accident deaths, the rate of fatalities resulting from motorcycle wrecks is disproportionately higher.

Texas Motorcycle Accident Statistics

According to the Texas Department of Transportation (TxDOT), motorcycle riders in Texas are experiencing accidents at increasing rates. The report indicates that thousands of riders sustain injuries every year. For the most recent full year of data collection, 562 riders lost their lives in motorcycle wrecks, an 8% increase from the year prior, and 2,422 were seriously injured.

Why Motorcyclists Are at Higher Risk for Accidents

Motorcycle riders face a higher risk of experiencing motor vehicle accidents and resulting injuries or fatalities for a variety of reasons. Three main factors account for this:

Smaller size: Motorcycles are smaller than other vehicles in terms of height, width, and length. They take up less space and are harder for other motorists to see. Motorcycles can get lost in a blind spot, fall outside the view of another motorist’s rearview mirror, or be blocked from view by other vehicles. When they do enter other drivers’ field of vision, it is often too late to avoid a collision.
More demanding to ride: Motorcycles are also harder to control. Riders have to balance these heavy vehicles on two wheels, often traveling at high speeds. A steering overcorrection, a skid on loose gravel, or the need to make a sudden move can set the bike off balance and into a crash.
Increased exposure to risk: Size and visibility aside, motorcycle riders are far more exposed to danger than occupants in passenger vehicles. They are not protected by a car’s body or safety features, making it far less likely to escape motor vehicle accidents without significant or deadly injuries.

While the NSC reports helmets are 37% and 41% effective in preventing fatal injuries to motorcycle riders and passengers, respectively, not all use them. Estimates show a 64.9% compliance rate. In Texas, only riders who have not completed a safety course, do not have medical insurance, or are under 21 years of age are legally required to wear helmets.

Those injured in motorcycle wrecks can count on help from a Williams Hart & Boundas personal injury attorney. Our experienced legal team will put the full force of investigating skills into identifying the at-fault party and holding them accountable.

Types of Motorcycle Accidents

Unfortunately, there is no shortage of reasons for motorcycle collisions. Sometimes, drivers–of motorcycles or other vehicles–just make mistakes. Other times, “freak” events occur, such as ice flying off the roof of a car and hitting a motorcycle following behind, or a driver having an unexpected medical event. However, there are some motorcycle crash causes more commonly seen than others, including:

Left-turn crashes: Cars making left turns often misjudge the speed of oncoming motorcycles or fail to see them at all.
Intersection accident: The TxDOT statistics referenced earlier also show one in three motorcycle fatalities occur at roadway intersections.
Lane splitting: Motorcyclists eager to beat traffic may engage in “lane splitting.” They drive their vehicles between lanes, putting themselves in close proximity to the vehicles on either side. A slight swerve on anyone’s part can cause collisions.
Road obstacles: Unsecured cargo can fall from semi-truck trailers, flatbeds, or other vehicles into the path of traffic. Loose gravel, worn tire treads, and other road debris can all contribute to a road hazard accident.
Reckless driving: Speeding, making risky lane changes, driving while fatigued, and driving distracted are all examples of reckless driving and raise the risk of collisions.
Driving under the influence (DUI): Driving under the influence of alcohol or drugs is illegal in every state, including Texas. Still, driving drunk continues to cause accidents throughout Texas, and according to NHTSA, “motorcycle riders are over-represented in deadly drunk driving accidents.”

No matter the cause of your motorcycle crash, a personal injury attorney from our law firm will fight to get you the compensation you deserve. When someone else’s reckless driving, inattentive and distracted driving, or other careless behaviors cause your motorcycle crash, we will work tirelessly to hold them accountable.

Common Types of Motorcycle Accident Injuries

Just as there are many ways an accident can happen, there are a broad range of outcomes as well. When motorcycle accident victims are fortunate enough to survive the event, they often still face long recovery times. In some cases, even with interventions, they may never recover fully. Some common injuries motorcycle accident victims face include:

Road Rash

The Journal of Burn Care & Research defines road rash as “a unique burn injury due to embedded foreign debris and deeply seeded bacteria.” Motorcycle riders are often dragged or slide along the pavement during accidents, and exposed skin can sustain road rash. These wounds can run deep and are prone to infections that can lead to long-term consequences.

Broken Bones

Some broken bones heal fully over time, but complex breaks or fractures may leave victims with permanent damage, limiting mobility and use of affected areas. Infections can also result from broken bones if bacteria enter the body at the time of the injury or during surgery.

Amputation

In many instances, bones in the hand or foot are crushed beyond repair, and affected limbs must be amputated. In other scenarios, the sharp or jagged edges of vehicles crushed or twisted in the crash sever body parts. A rider’s hand or foot may also need to be removed if it has suffered “degloving,” where the skin is completely removed in the accident.

Traumatic Brain Injuries

The National Institute of Neurological Disorders and Stroke (NINDS) states brain injury “can be caused by a forceful bump, blow, or jolt to the head or body, or from an object that pierces the skull and enters the brain.” Even moderate TBIs can reduce cognitive function, limit physical function, and change victims’ social and emotional control. More severe injuries can render victims unable to communicate, without control of bladder or respiratory functioning, and with serious cognitive deficiencies.

Spinal Cord Injuries

The NINDS defines spinal cord injuries as “damage to the bundle of nerves and nerve fibers that sends and receives signals from the brain.” This damage can cause “temporary or permanent changes in feeling, moving, strength, and body functions below the site of the injury.”

Victims may be paralyzed, partially or fully, and like TBI victims, unable to perform life-sustaining functioning, such as breathing, on their own. These catastrophic injuries also leave victims more likely to face other related physical problems–pressure sores and pneumonia, for example–as time passes.

Disfigurement

Some motorcycle accidents leave victims with permanent scarring or disfigurements, perhaps from road rash injuries, burns sustained in a fiery crash, or an amputation.

These severe injuries all bring layers of distress to victims’ lives. Medical care is expensive, as is time away from work during recovery periods. Those who cannot return to work because of the permanent results of their catastrophic injuries face a lifetime of financial distress.

Such serious injuries also bring obvious physical suffering. Chronic pain, the inability to move independently, participate in vacations, special events, or the simple events of daily life are devastating outcomes. Victims suffer emotionally as well. Grief over lost abilities, depression and feelings of isolation, and anger and frustration can overwhelm both the accident victim and their families.

Wrongful Death

Earlier statistics presented from NHTSA, Insurance Information Institute, and TxDOT show the high rate of fatalities for motorcycle riders and passengers involved in accidents. If your family member died in a crash, a Houston motorcycle accident lawyer from Williams Hart & Boundas will review your case to determine whether you have grounds to file a wrongful death claim.

If your loved one had survived the accident and had grounds for filing a personal injury claim, you may be eligible as a surviving family member to file for wrongful death damages under Section 71.002 of the Texas Civil Practice and Remedies Code. These claims typically cover funeral and end-of-life costs, related medical costs, income loss, loss of contribution to the household, and loss of relationship and affection.

When to File a Motorcycle Accident Claim

Timing matters when filing motorcycle accident claims. Sooner is better than later. Insurance companies are strategic. Their goal is to save themselves money, and they know how to spin details in their favor. They may use your delay in filing against you and claim that your situation was not really that serious–that you only filed after you realized you could make some money from the crash. In addition, they could use the delay to raise questions about evidence, casting doubt on whether damage or injuries occurred because of the accident or you “invented” or “discovered” them only after you decided to file a claim.

Of course, not all insurance companies play these games, but it is important for victims to remember that as nice as their insurance adjusters may be, your needs as a victim are not the insurance companies’ priority–the company’s bottom line is.

Motorcycle and car operators / owners in Texas have the same insurance coverage requirements. The Texas Department of Insurance (TDI) states all drivers must have, at minimum, “30/30/25” insurance coverage, which includes:

Liability of $30,000 for each injured person
Liability of $60,000 for each accident
Property damage of $25,000 per accident

Depending on the circumstances, you may have to file an insurance claim with your own insurance. For example, suppose you had a single-vehicle accident, and no one else was at fault. Your motorcycle accident attorney can review your insurance claim and policy to ensure you are treated fairly by your insurance company. Policies can be challenging to interpret correctly. They include lots of small print and industry-specific terminology that is easy for policyholders to overlook or misunderstand.

In more complex cases, and especially those involving additional personal injury claims, having a knowledgeable attorney handle all insurance and legal matters is critical. Medical expenses alone can send victims into serious financial distress, and losses from a wreck typically involve more than just those medical costs.

Why Choose Williams Hart & Boundas for Your Motorcycle Accident Claim

Motorcycle riders and passengers are not the only possible victims in these crashes. Other vehicle occupants, pedestrians, cyclists, and others sharing the roads can also suffer damages. Though all involved may experience consequences, the party who caused the accident, through negligence or recklessness, can be held liable for paying victims’ compensation through a personal injury lawsuit.

The Houston motorcycle accident lawyers from Williams Hart & Boundas are here to help victims get the compensation they need for recovery and justice. It is enough for victims to suffer the physical and emotional pain incurred upon them by the negligent party’s behavior–they should not have to bear the financial burden as well.

Our attorneys have got you covered. We handle all communication and negotiations with the insurance companies involved. We do not miss any details when reviewing insurance policies or filing personal injury claims against an at-fault party. Trust us to do everything in our power to secure as large a settlement offer as possible from the at-fault party’s representative. We focus on obtaining an amount that covers your medical expenses and any additional losses, and covers your future accident-related needs.

When To Pursue a Motorcycle Accident Lawsuit in Texas

It is best to pursue personal injury cases, such as motorcycle accident lawsuits, as soon as possible after the event. The sooner you connect with an attorney and file your claim, the sooner you can hope to see maximum compensation. By securing representation immediately, you can rest assured knowing your attorney will protect your legal rights from the start.

The legal process is complicated–and unfortunately, those not familiar with it can easily make unintentional mistakes that cost them a fair settlement. Most victims do not have legal experience and do not realize how one poorly chosen word can hurt their case. Simply saying “I’m sorry this happened” to the other party or their representatives can be turned into an admission of fault. What you intended as an automatic gesture of being human and empathetic can be used to reduce your claim, even if you were not actually apologizing for any wrongdoing.

This early legal partnership also gives the motorcycle accident attorney ample time to investigate and compile evidence before it is forgotten, collect lost (intentionally or inadvertently) items, and file a lawsuit against the at-fault party or parties before the legal window of opportunity closes. Getting maximum compensation for personal injury cases largely depends on presenting solid evidence and adhering to legal procedures. The less time that passes between your crash and your filing, the better.

Statute of Limitations in Texas

Every state has a statute of limitations, the “legal window of opportunity,” for filing personal injury claims. The Texas Civil Practice and Remedies Code, Section 16.003 establishes two years as the deadline for injury victims in Texas. This means victims of motor vehicle crashes, whether a car accident, motorcycle accident, pedestrian accident, or some other event, and any other accident victims must file within that timeframe.

Some circumstances allow the statute of limitations to “toll” or extend, so even if you are past the two-year deadline, you should still consult with an attorney to determine your options. For example, if the person who caused your accident flees the scene and is not located until after the statute of limitations expires, those are circumstances beyond your control, and you should still get your day in court. Another instance is if the extent of your injuries went undiagnosed or was misdiagnosed–your doctor’s errors should not cost you fair compensation.

Contact The Award-Winning Houston Motorcycle Accident Lawyers at Williams Hart & Boundas and Schedule A Free Consultation Today

The aftermath of a motorcycle accident is chaotic for victims and their families. These accidents bring physical, emotional, and financial turmoil. Victims and their loved ones may be thrown into life-and-death scenarios, hoping for miracle recoveries. However, serious challenges remain even for those who do survive.

Medical interventions, whether successful or not, are extremely expensive, as is follow-up care. Victims who cannot work cannot earn income but still need money to live. If they can return to work, they look at a future of never-ending “catching up” as they chip away at their medical bills. The emotional suffering of victims and loved ones also demands acknowledgment. Those who caused this suffering must be held accountable for the trauma they created.

The Houston motorcycle accident attorneys from Williams Hart & Boundas want to see you justly compensated for your losses. Our law firm puts clients first and will provide you with superior legal representation. And remember, reaching out poses no risk to you. We will give you a free case evaluation, and after partnering with you, require no payment until delivering you a settlement or verdict.

Some Houston motorcycle accident attorneys see their clients as case numbers. We see our clients as fellow Texans–as people. We will apprise you of your legal options, taking the time to ensure you understand them all, and will keep you informed of your case’s progress at every step. If you have questions or concerns, give us a call–we will respond. Our goal is to provide legal representation that puts you at ease and the at-fault party’s representatives on alert. We will not back down from the fight to get you justice.