Every year there are about 68,000 recorded motorcycle accidents in the state of Texas alone. Motorcycle accidents are a serious problem and if proper safety protocols are not followed then severe injuries and even death can occur.
Of the 68,000 accidents, roughly 400 riders are killed and about 2000 are severely injured. If you, or someone you love, was involved in a motorcycle accident they may be entitled to financial compensation.
The majority of motorcycle accidents result in severe injuries that can leave long-lasting damages such as medical costs, mental/physical disabilities, financial loss, and a loss of quality of life. The main reason for the severity of the injuries is the large difference in weight and size of the vehicles. The average motorcycle weighs around 700 pounds, while the average car weighs around 4000 pounds. Because of this, a motorcyclist is far less protected and shielded from injuries from collisions than others. While a person in a car, SUV, or truck is shielded by the car from being hit directly–the motorcyclist is not. Therefore if there is a collision, the motorcyclist is far more likely to experience grave injuries. Some of these injuries include head/neck injuries, back injuries, broken bones, and road rash.
One of the most grievous injuries that a motorcyclist can experience is a traumatic brain injury. When there is an accident, the motorcyclist is usually thrown from their bike and hit the ground. When they hit the ground they are likely to hit their head in the fall. Without a helmet, this can easily cause a traumatic brain injury. Even with a helmet, head injuries such as concussions are likely to occur. Even though Texas law doesn’t require helmets, dead injuries are the dominant cause of motorcycle accident fatalities, so it is always a good idea to wear a helmet.
Similarly, in smaller accidents, a motorcyclist may receive whiplash. Whiplash occurs when your body remains in the same position but your neck is whipped forward in a jerking motion. This injury is typically caused by fender benders.
Injuries along the spinal cord are also likely to occur during a motorcycle accident. When the motorcyclist is thrown from their bike, they can easily land in an awkward position that contorts and puts pressure on their back. This can cause damage to vertebrae along the spine and in some cases, it can cause partial or full paralysis.
Broken bones occur in any type of motorcycle accident; whether it be severe or minor. Even small collisions can cause broken bones. Broken ribs, legs, and wrists are common injuries that motorcyclists receive when they are thrown from their bikes. These injuries can be particularly bad if the proper protective gear was not used.
Road rash is another common injury that occurs because of a motorcycle accident. If the rider is thrown from their bike and skids along the street they can easily scrape off the top layer of their skin. This road rash can be minor, or it can be very severe.
In all the data collected on motorcycle accidents, a few main causes were determined:
Each of these causes is rooted in one main cause–negligence. The negligence can be placed on the motorcyclists or the driver.
Preventing motorcycle accidents is a relatively easy thing to do. Drivers of cars, SUVs, and trucks should:
Motorcyclists are responsible for:
Texas follows the comparative negligence rule. This means that the parties involved in the crash can both be liable for the crash. However, while both parties are responsible, it is up to the insurance companies and court to decide what was the exact percentage of responsibility. For example, a car is speeding through a green light and hits a motorcyclist who ran a red light. The motorcyclist would likely be held 80% responsible, while the car would be held 20% responsible.
In personal injury cases, Texas follows the modified comparative negligence rule. This rule determines how much each responsible party can receive in damages compensation based on their fault percentage. However, you cannot recover damages if your fault percentage is above 50%. So, in the case of the motorcycle and the car, the car would be the only one eligible to make a case. This means that if the car sustains $10,000 worth of damage, the motorcyclist would owe them $8000.
Personal injury and wrongful death cases can be overwhelming and time-consuming. If you, or a family member, are struggling after a motorcycle accident, Paxton Law Firm can help. Let us review your case and advise you of your rights. You may be able to recover money for your past medical bills, lost wages because you cannot work, future medical bills, disfigurement, impairment, and for your pain and suffering. We offer free consultations, and you do not pay any legal fees until we recover for you.
Do you believe you have a case? Understand that time is of the essence in getting you the justice you deserve! We would love to hear from you.