A number of accidents in Texas have resulted because a car tailgated a motorcycle and struck the rear tire, causing the rider to fall from their bike.
Changing Lanes
A driver changing lanes may check blind spots with other cars—but not motorcyclists—in mind. Improper merging, turning, and lane changing can cause a rider to suffer serious injury on a highway.
Distracted Driving
Texting and driving is illegal throughout the entire state of Texas, and motorists in El Paso are banned from using hand-held mobile devices while operating a vehicle within city limits. But distracted driving is involved in an exceptionally high number of El Paso motorcycle accident cases.
Drunk Driving
Alcohol involvement can lead to even more severe injuries, including debilitating spinal injuries, coma, and death. Drunk driving is always preventable and should never be allowed to happen.
Speeding
Both exceeding the posted speed limit and driving too fast for weather, visibility, and traffic conditions are a major cause of El Paso motorcycle wrecks.
Other Causes of Motorcycle Accidents
In addition to driver error, other factors that can cause or contribute to an accident include:
- Poor road conditions
- Adverse weather
- Rider inexperience
- Reckless behaviors like lane splitting
- Faulty motorcycle parts
Once we know how the accident happened, we can work to prove liability. We’ll gather evidence to establish that the other driver owed you a duty of care, acted negligently, caused an accident, and injured you. Your lawyer will build a strong case that shows you were wrongfully injured and deserve compensation.
Can a Motorcyclist Be Partially at Fault for an Accident?
Yes, a motorcyclist can share some of the fault for an accident. It’s possible that another driver’s actions primarily caused the accident, but your actions contributed in some way.
Perhaps the at-fault motorist made an illegal turn and struck you. But because you weren’t paying attention or were traveling over the speed limit, you didn’t take evasive action to prevent the crash. The insurance company may claim that you hold partial responsibility for your collision and resulting injuries.
Texas Modified Comparative Negligence Laws
Texas follows a modified comparative negligence system when it comes to personal injury accidents. Comparative negligence (or comparative fault) means that two or more involved parties can share liability for the incident.
The “modified” part of this rule means that you can only obtain compensation if you are less than half at fault. If you are 51% responsible for the accident, you are no longer entitled to file a claim to seek damages from the other party.
The amount of financial reward you can recover will also be reduced by your percentage of fault. Let’s say you are found to be 10% at fault for the crash. Your compensation would accordingly be reduced by 10%.
This is an important fact in terms of your ability to recover compensation. Think of it this way:
- If an insurance company can shift more of the blame to you, they can reduce your compensation and save themselves money.
- If an insurance company can pin more than half of the fault on you, they don’t have to pay you at all.
Keep these facts in mind when speaking with an insurance adjuster after your motorcycle crash.
How Dangerous Are Motorcycle Accidents to Riders?
Motorcyclists don’t have the protection that an enclosed automobile affords. In an accident, there is nothing to absorb the crash impact. This often leads to severe, permanent, or fatal injuries.
Common Motorcycle Accident Injuries
Common injuries suffered in motorcycle accident cases include:
- Traumatic brain injuries
- Spinal cord injuries
- Internal injuries
- Broken bones
- Lower extremity injuries
- Road rash
- Burns
- Lacerations
- Loss of limb
- Disfigurement
- Nerve damage
Dealing With Serious Injuries After an El Paso Motorcycle Crash
Even when wearing protective gear, a rider can be severely injured in a motorcycle crash. Injuries like these can require months or years of medical treatment, including extended hospital stays, surgical procedures, medication, and adaptive equipment.
While you’re looking at an extensive recovery period, you may also be wondering how you’ll keep up with rent, mortgage payments, grocery bills, or other economic responsibilities.
These situations can be even more pressing when the injured party is the primary financial provider for an entire family.
A motorcycle accident that wasn’t your fault can cause significant financial detriment. But this burden shouldn’t fall on you. Your El Paso, TX motorcycle accident lawyer can help you recover from these crippling damages through civil legal action.
What Damages Can You Recover Through a Texas Motorcycle Accident Claim?
Damages are generally divided into financial and nonfinancial categories, called economic damages and noneconomic damages.
Economic Damages
Your economic damages cover tangible expenses like medical bills and future medical expenses. You can rest assured that you’ll be able to get the care and treatment you need without worrying about how you’ll afford it.
Your attorneys at Buckingham & Vega Law Firm will also take into account the amount of work you missed and seek compensation for your lost wages. This includes calculating your diminished earning capacity and loss of future income if you are no longer able to return to your previous position of employment.
Finally, economic damages include property damage to your motorcycle. Whether you repaired or replaced your bike, we’ll factor those costs into the total amount of compensation you are entitled to.
Non-Economic Damages
Non-economic damages refer to the losses that don’t come with a price tag.
Motorcycle accident victims often need to seek non-economic damages for pain and suffering, mental anguish, permanent disability, disfigurement, or loss of enjoyment of life.
The toll of living with painful injuries that prevent you from doing what you enjoy can be tremendous. A motorcycle accident lawyer on our team will ensure your compensation reflects all damages you incurred, both economic and non-economic.
Don’t Settle for Less Than What You Are Eligible To Receive Under Texas Law
Your El Paso, TX motorcycle accident lawyer will work diligently to maximize your compensation. We won’t let an insurer push you into settling for less than you deserve.
Our lawyers know what’s fair and what’s not—and we won’t back down until we know your financial future is secure.
El Paso Motorcycle Accident Frequently Asked Questions
You should be equipped with the knowledge to pursue the legal options that are right for you. The FAQs below are ones frequently fielded by motorcycle accident lawyers.
We hope this provides some of the information you need to help you move forward after an injury. If you have another question we haven’t answered, please reach out to Buckingham & Vega Law Firm to set up a free case consultation.
How Much Does It Cost To Hire a Motorcycle Accident Lawyer?
Affordability is one of the biggest concerns we hear from potential clients. That led us to make the decision to become a personal injury law firm that takes most cases on a contingency fee basis. Our attorney’s fees only come out as a small percentage of your settlement award if and when we win your case for you.
When you meet with a law firm, be sure to ask about their pay structure before deciding to partner with one of their motorcycle accident lawyers.
How Much Is My Motorcycle Accident Claim Worth?
While we’d like to have a clear-cut answer to this question, personal injury claims just don’t work that way. There are too many factors that make each and every motorcycle accident case unique. That’s one of the reasons it’s important to meet with a law office for a free consultation first. They can give you an idea of what they think your injury claim is worth.
We strive to give our clients top value for their losses. We consider every factor possible when calculating the compensation you deserve, including:
- The value of your bike and the cost of fixing or replacing it
- The extent and severity of your injuries
- Your income and how it was impacted by your accident
- Your post-accident emotional and mental health
- The pain and suffering you endured
- The way your quality of life was affected
- The care and assistance you will need in the future
Are Motorcycle Accident Claims the Same as Other Motor Vehicle Accident Claims?
Motorcycle accident claims are similar to other types of motor vehicles claims in that they allow injured victims to seek financial compensation from negligent drivers (or the trucking company, in the case of a commercial vehicle crash). But there are a few ways motorcycles are different from other vehicles.
Firstly, a motorcycle wreck is much more likely to result in highly serious injuries like spinal injury, paralysis, brain damage, or fatality. This causes compensable medical bills to be much more costly. With these higher stakes, insurance companies may be more likely to work harder to reduce compensation.
Additionally, insurance companies are known to be biased against riders. Motorcyclists are sometimes seen as more reckless than other drivers. If an insurance adjuster can use this bias against you—portraying you as the primary contributing cause of your own motorcycle collision—they may be successful in undervaluing or denying your claim.
How Can I Make Sure the Insurance Company Gives Me a Fair Settlement?
Remember this: the first settlement offer is almost always unfairly low. An insurance company may take advantage of the fact that you have pressing bills for medical care and are eager to be finished with the claims process. Don’t walk away with a fraction of what you are legally owed.
The insurance company does not dictate your legal options. Never accept the first settlement offer without first consulting with an experienced attorney.
How Long Does It Take To Settle a Motorcycle Accident Case?
There’s no definitive timeline for personal injury cases. Our law firm works to strike a good balance between giving your case the attention it deserves and getting you your settlement or verdict as quickly as possible. Your case may reach an outcome anywhere from six months to a year or more after the accident.
Can I Post About My Accident on Social Media?
We strongly advise that you stay away from social media until your accident case is closed. Even if you adjust your privacy settings, insurance companies have a way of accessing information you intend to only reach the eyes of your friends and family.
No matter how innocent your post or comment may seem, it could be detrimental to your case. Your social media usage could be used to argue that you:
- Were participating in activities that should have been impossible with your injuries
- Were not following the medical treatment your injuries required
- Were not at doctors’ appointments or physical therapy when you should have been
- Were spending money on fun activities while you were supposedly coping with lost wages
- Are the type of motorist who frequently engages in distracted driving
How Can I Find a Good Motorcycle Accident Lawyer in El Paso?
The best way to find the right El Paso motorcycle accident lawyer for you is to schedule a free consultation at a law firm. This gives you the chance to ask questions, learn more information, and get a feel for the way they handle personal injury cases like yours.
A free case evaluation is a great opportunity to learn about:
- Past successes
- Testimony from former clients
- Practice areas of specialty of the firm’s attorneys
- Attorney’s fees
- The firm’s experience in Texas courtrooms
- Communication style and availability
- The merits and challenges of your case
- What your El Paso motorcycle accident claim is worth
Get Top-Rated Representation From Our Motorcycle Accident Lawyers
If you were involved in an El Paso motorcycle accident, our Texas personal injury law firm can offer the representation you need to get results.
We put the attorney-client relationship at the center of every case we take. You aren’t just another legal case to us—we treat you as we would our own family members.
To learn more, reach out today for a free case evaluation. Find out why Buckingham & Vega Law Firm has earned a reputation as one of the strongest legal advocates for accident victims in the Southwest.
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