Motorcycle Accident Lawyer Dallas, TX

Common Injuries Resulting from Motorcycle Accidents

Motorcycle accidents are unfortunately common and often result in a variety of serious injuries. As experienced motorcycle accident lawyers, we have seen firsthand the physical, emotional, and financial toll these accidents can have on victims and their families. In this discussion, we will delve into the types of injuries commonly associated with motorcycle accidents, emphasizing the importance of legal assistance in these situations.

Head and Brain Injuries

One of the most severe injuries resulting from motorcycle accidents is head trauma. Even with helmet use, motorcyclists can suffer from concussions, traumatic brain injuries (TBIs), and skull fractures. These injuries can have long-lasting effects, including cognitive impairment, memory loss, and in some cases, permanent disability. The road to recovery can be long and challenging, requiring extensive medical treatment, rehabilitation, and support.

Spinal Cord Injuries

Spinal cord injuries are another serious outcome of motorcycle accidents. These injuries can range from herniated discs and spinal fractures to more severe cases such as partial or complete paralysis. The impact of a spinal cord injury is profound, often resulting in a significant change in the victim’s quality of life. The costs associated with treatment and ongoing care for these injuries can be astronomical, and the emotional and psychological effects can be just as devastating.

Road Rash and Burns

While not as immediately life-threatening as head or spinal injuries, road rash, and burns are common in motorcycle accidents and can be incredibly painful. Road rash occurs when a rider’s skin is scraped against the road surface, leading to abrasions that can range from mild to severe. In some cases, these injuries can lead to infections or require skin grafts. Burns can also occur, particularly if the motorcycle catches fire or the rider comes into contact with hot surfaces like exhaust pipes.

Fractures and Broken Bones

Motorcyclists often suffer from fractures and broken bones due to the lack of protection compared to enclosed vehicles. Common fractures include those to the arms, legs, ribs, and pelvis. These injuries can require surgeries, physical therapy, and lengthy periods of recovery, impacting a victim’s ability to work and perform daily activities.

Psychological Trauma

Apart from physical injuries, motorcycle accidents can also lead to significant psychological trauma. Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, and a fear of riding. These mental health issues are just as crucial to address as physical injuries, as they can profoundly affect a person’s overall well-being.

Proving Fault in Motorcycle Accident Cases

Determining fault in motorcycle accidents is a critical step in seeking justice and compensation. At Brandy Austin Law, as experienced motorcycle accident lawyers in Dallas,  we understand the complexities involved in these cases. Proving who is at fault requires a deep understanding of the law, meticulous examination of the facts, and strategic legal representation.

Understanding the Basics of Fault

Fault in motorcycle accidents is primarily about negligence. Negligence occurs when a party fails to act with the level of care that a reasonable person would have exercised under similar circumstances. Proving fault involves demonstrating that this negligence directly caused the accident and the resulting damages. This can include reckless driving, failure to yield, driving under the influence, or violating traffic laws. In some cases, fault might be clear-cut, but often, it involves unraveling a complex web of actions and reactions.

Gathering and Analyzing Evidence

The foundation of proving fault lies in gathering robust evidence. This can include police reports, witness statements, traffic camera footage, and accident scene photos. These pieces of evidence provide critical information about the circumstances leading up to the accident. We  meticulously analyze this evidence, often consulting with accident reconstruction experts to build a strong case for our clients.

Obtaining the Police Report

Police reports play a significant role in determining fault. These reports provide an objective account of the accident, including details about the involved parties, witness observations, and the officer’s assessment of the scene. While these reports are influential, they are not the final word on fault. Our team critically reviews these reports, ensuring that they accurately reflect the events and advocate for corrections if necessary.

Witness Testimonies

Witness testimonies can be incredibly valuable in establishing fault. Witnesses provide a firsthand account of the accident, offering perspectives that might not be evident from the physical evidence alone. We work to gather and corroborate these testimonies, using them to reinforce the case against the at-fault party.

Understanding Comparative Fault

Texas follows a comparative fault rule, meaning that each party involved in an accident can be held responsible for a portion of the fault. If a motorcyclist is found partially at fault, their compensation can be reduced by the percentage of fault. We strive to ensure that fault is fairly and accurately apportioned, protecting your right to fair compensation.

Dealing With The Insurance Company

Dealing with insurance companies after a motorcycle accident can be a daunting and often frustrating process. At Brandy Austin Law, we understand the nuances and challenges our clients face when interacting with insurance entities. Our expertise in navigating these complexities ensures that our clients’ rights are protected and that they receive the compensation they deserve.

Understanding Insurance Company Tactics

Insurance companies, while often presenting a façade of support, primarily operate with their financial interests in mind. Insurance adjusters may attempt to downplay the severity of the accident or injuries to reduce the payout or offer a quick settlement. Offering a quick settlement is a common strategy to avoid larger payouts. These initial offers are often much lower than what the claim is truly worth. Insurers may ask for a recorded statement to find inconsistencies or admissions that could be used to devalue the claim. Delays in processing claims are used to pressure the claimant into accepting a lower settlement.

Common Causes of Motorcycle Accidents

Motorcycle accidents in Dallas, TX, are unfortunately a common occurrence, with many factors contributing to these often devastating events. Understanding these accidents, their causes, and the legal recourse available is crucial for anyone riding in this vibrant city. As experienced lawyers,  we are well-equipped to provide guidance and support to those affected by such incidents.

• Distracted Driving

Distracted driving stands as one of the primary culprits in motorcycle accidents within Dallas. This phenomenon includes a range of activities that divert a driver’s attention from the road. Common distractions include the use of cell phones for texting or calling, engaging with in-car entertainment systems, eating, or even conversing with passengers. These seemingly harmless actions can have dire consequences. For motorcyclists, the risk is exacerbated due to their vehicle’s smaller profile and lower visibility. Unlike larger vehicles, motorcycles can easily fall into a car’s blind spot, and a moment’s distraction can lead to a driver completely overlooking the presence of a motorcyclist, leading to potentially catastrophic collisions.

• The High Risks of Speeding

Excessive speed is another major factor contributing to motorcycle accidents in Dallas. Speeding drastically reduces a driver’s reaction time, limiting their ability to respond effectively to sudden changes in traffic or road conditions. For motorcyclists, the consequences of high-speed impacts are often severe, ranging from serious injuries to fatalities. The lack of external protection compared to cars means that motorcyclists bear the full brunt of the impact, making high-speed accidents particularly dangerous for them.

• Drunk Driving

Operating any vehicle under the influence of alcohol or drugs is dangerous, but the problem is particularly acute in Dallas. Impaired judgment and reduced motor skills that come with intoxication pose a significant risk to all road users, especially motorcyclists. Drunk drivers may have difficulty gauging distances and speed, leading to misjudgments in traffic situations involving motorcycles. These lapses can result in accidents that could have been easily avoided under sober conditions. The unpredictable behavior of a drunk driver, such as swerving or sudden stopping, can be especially perilous for motorcyclists, who require more time and space to safely maneuver their bikes.

• Poor Road Conditions

The state of the roads in Dallas can contribute to motorcycle accidents. Issues such as potholes, uneven road surfaces, and inadequate signage can create hazardous riding conditions. Motorcycles, with their two-wheeled nature, demand a high degree of balance and stability from the rider. Uneven or poorly maintained roads can disrupt this balance, leading to accidents. Poor road conditions can be particularly dangerous in corners or at intersections, where precise handling is crucial.

• Adverse Weather Conditions

Last, weather conditions in Dallas can play a significant role in motorcycle safety. Adverse weather, including rain, fog, and ice, creates treacherous road conditions for all vehicles. For motorcycles, these conditions are even more challenging. Rain and ice can reduce tire traction, increasing the risk of skidding. Fog reduces visibility, making it difficult for motorcyclists to see and be seen by other road users. These weather-related challenges require motorcyclists to exercise extra caution and for other drivers to be more aware of motorcycles on the road.

Dallas Motorcycle Accident Infographic

Dallas Motorcycle Accident Statistics

According to the National Highway Traffic Safety Administration, motorcycle riders are almost 30 times more likely to lose their lives in a fatal crash compared with other motorists on the road. They are also four times as likely to sustain an injury in an accident. Many of these injuries are catastrophic and end up leaving the victims with long-term or permanent disabilities. Victims face high medical bills, lost wages, loss of future income, pain and suffering, and more.

If you have been injured in a crash, contact our office to speak with a Dallas motorcycle accident lawyer for legal assistance and to get the compensation you deserve.

Dallas Motorcycle Accident FAQs

What are the helmet laws in Dallas, and how do they affect a motorcycle accident claim?

In Dallas, Texas, motorcycle riders are required to wear helmets unless they are over the age of 21 and have either completed a motorcycle operator training and safety course or are covered by a health insurance plan that provides medical benefits for motorcycle accident injuries. However, not wearing a helmet can significantly affect an accident claim, especially if you suffer head injuries. If you’re involved in an accident and weren’t wearing a helmet, the other party might argue that your injuries were more severe due to your failure to wear a helmet, potentially impacting the compensation you could receive.

What should I do immediately following a motorcycle accident?

Immediately following a motorcycle accident in Dallas, prioritize your safety and health. Call 911 if there are injuries or significant property damage, and seek medical attention, even if you feel fine, as some injuries may not be immediately apparent. Exchange information with the other parties involved and gather evidence by taking photos of the scene, your injuries, and the damage to your motorcycle. Do not admit fault or make statements that could be used against you later. 

How long do I have to file a motorcycle accident lawsuit in Texas?

In Dallas, TX, the statute of limitations for filing a motorcycle accident lawsuit is generally two years from the date of the accident. This means you have two years to initiate legal proceedings against the party at fault. It’s crucial to be aware of this timeframe, as failing to file within this period could result in losing your right to seek compensation. However, certain circumstances might alter this deadline, so it’s advisable to consult with a motorcycle accident lawyer as soon as possible after your accident.

Can I still receive compensation if I was partially at fault for the motorcycle accident?

Yes, you can still receive compensation if you were partially at fault for the motorcycle accident. This rule allows you to recover damages even if you are partly to blame, but your compensation will be reduced by your percentage of fault. For example, if you were found to be 30% at fault for the accident, your total compensation would be reduced by 30%. It’s important to have a skilled motorcycle accident lawyer to help accurately establish fault and ensure fair compensation.

Are there specific laws in Texas regarding lane splitting for motorcyclists?

In Texas, including Dallas, lane splitting – the practice of riding a motorcycle between lanes of slow-moving or stopped traffic – is not explicitly permitted by law. While it’s not officially recognized as illegal, it is generally discouraged and can be considered unsafe. If an accident occurs while a motorcyclist is lane splitting, it may affect the liability and compensation outcome of the accident. 

Brandy Austin Law, Dallas Motorcycle Accident Lawyers

Contact Our Motorcycle Accident Lawyers Today

At Brandy Austin Law, we pride ourselves on offering compassionate, comprehensive legal services to those affected by such accidents. Our team of experienced motorcycle accident lawyers in Dallas, TX, is dedicated to ensuring that your rights are protected and that you receive the full compensation you deserve. With a deep understanding of Texas motorcycle laws and a commitment to personalized client care, we stand ready to assist you through every step of the legal process, providing the peace of mind and advocacy you need during such a critical time. We have decades of legal experience helping out clients and are here to help you, so call our office now.