Motorcycle Safety and Legal Rights in Texas: What Riders Need to Know - Insights from a Motorcycle Accident Attorney

Each year, well over 10,000 motorcyclists are involved in collisions that result in more than 6,100 severe injuries. These incidents frequently occur abruptly and without warning, leaving victims with major, often life-threatening, injuries.

In fact, per the latest data released by the National Highway Traffic Safety Administration (NHTSA), there were 5,579 motorcycle fatalities in 2022, accounting for 14% of all traffic fatalities reported in the last year alone. This is the highest level of motorcyclist deaths since the FARS reporting program began in 1975.

Sadly, it's not surprising that these incidents result in such severe injuries and fatalities. After all, the only thing separating the majority of motorcyclists from the road is their protective equipment. If you've been involved in a motorcycle wreck in Texas, it's important to contact an accident attorney as soon as possible. In the meantime, learn more about other steps to take as you navigate the road to recovery after a motorcycle accident.

Steps to Take After a Motorcycle Accident in Texas

Motorcycle accidents, like other forms of traffic collisions, are often caused by the negligence of one or more drivers. However, motorcycle accidents in Texas often have catastrophic results and are generally the result of a few common (yet reckless) maneuvers.

First and foremost, your health and safety should be your main focus after an accident. Verify that you and the other parties involved in a wreck have not suffered serious injuries.

If you've been hurt, consult a medical professional right away. Always request a copy of your medical files after seeing a doctor. Your attorney may utilize these documents as evidence if you need to file a claim or end up in court. Furthermore, having law enforcement present at the site of the collision may also assist with any legal claims that may arise as a result of the incident. Get a copy of the police report so your motorcycle accident attorney can use this document for evidence.

Documenting the Scene of a Motorcycle Crash

Motorcycle accident scenes should be photographed, with all other details recorded, as soon as possible. To prove fault, your attorney will need you to provide photographs of the accident site.

From there, get everyone's names, phone numbers, insurance information, and license plate numbers. You and your lawyer will require the contact details of all individuals involved and their respective insurance providers.

And, if possible, jot down any witness statements from anybody who saw what happened or was involved in the collision. These testimonies may assist in confirming the narrative of the events.

Securing evidence from many sources helps strengthen your case. Likewise, you must never provide a recorded statement to an insurance company or accept any fault at the scene of an accident (in other words, don't apologize, even if you're sure about who is at fault). Let your motorcycle accident lawyer in Dallas do the talking for you.

Motorcycle Accident Claims in Texas

Nearly 10,000 motorcycle accidents occur on Texas highways yearly. According to the Texas Transportation Institute (TTI), a leading cause of death for motorcyclists is left-hand turns by motorists who fail to account for the bike's size and speed. Unsurprisingly, motorcycle accidents frequently occur at the hands of distracted drivers: rear-ending or merging into a motorcyclist is the leading cause of these fatal collisions in our state.

That said, an injured party must prove they were not more than 50% at fault for a collision to get compensation in Texas. For this reason, injured motorcyclists must consult with a lawyer well-versed in Texas motorcycle law. Establishing who was at fault in an accident might be the difference between getting back on your feet quickly and struggling to recover.

Proving Negligence After a Texas Motorcycle Accident

When operating a motor vehicle, drivers must use reasonable care to avoid endangering others, known as a "duty of care."

Thus, when a driver violates this duty of care in Texas and causes an accident through carelessness, that's negligence. Negligence may take the form of many different behaviors, such as texting while driving, drinking and driving, speeding, and running red lights. If another motorist was careless and caused your motorcycle accident, you can file a claim with their insurance provider and, if necessary, a lawsuit.

So, why are motorcycle accident claims more complex? First, these crashes are far more dangerous for motorcyclists than they would be for your typical driver since motorcycles lack the same safety equipment as cars. As a result, injured motorcyclists typically need higher insurance payments and cannot afford to sacrifice compensation by settling for a company's lowball offer or proceeding to trial without an attorney.

Of course, driver negligence isn't the sole cause of these accidents. Other common causes of motorcycle accidents include but are not limited to the following:

• Defective equipment: Motorcycles, like cars, can be subject to faulty maintenance or components. If faulty or defective equipment caused your accident, you might be able to hold the manufacturer responsible for your injuries if they produced, distributed, or sold a poorly constructed motorcycle. However, claims against these types of companies are even more complex and require skilled legal counsel.
• Poor infrastructure or road maintenance: Potholes, slippery spots, and degraded surfaces are just a few signs of poorly maintained roadways. Uneven pavement, missing signage, fading paint markings, improperly built guardrails, and insufficient street lighting are among more examples. You can file a claim against government officials for any injuries you sustain on a public roadway with poor construction and/or maintenance, but again, these claims are complicated and shouldn't be handled without the guidance of an experienced lawyer.

Contact a Motorcycle Accident Attorney in Dallas

Fear of legal fees should not prevent you from obtaining the representation you need to win your case. At the Rasansky Law Firm, our team has more than three decades of experience assisting victims of accidents caused by negligent and irresponsible drivers.

What's more, in the event of a personal injury or unlawful death resulting from a motorcycle accident, you pay nothing unless we obtain a settlement on your behalf. Our fee will be deducted from the finalized settlement proceedings, so you'll never have to stress about paying out of pocket in advance.

Victims of motorcycle accidents whose injuries were caused by the carelessness of others must act swiftly to protect their legal rights. Waiting can put your chances of receiving a settlement award at risk.

As soon as you're ready to get started on your case, we're here to help you and yours evaluate your legal options and discuss the details of your accident. Call our attorneys at 214-617-1816 for a free case evaluation, 24 hours a day, seven days a week. Our motorcycle accident lawyers in Dallas will stop at nothing to safeguard your legal rights at this frustrating time in your life.