Motorcycles do not have the design or protective features that other types of vehicles possess. With only a helmet and pads to serve as protection and no steel barrier insulating the operator, riders lose their lives at a much higher rate in accidents than do drivers of cars. The physical, emotional, and financial toll of a motorcycle accident can be devastating — not just for the rider, but for their entire family.
If you have been injured in a motorcycle accident, an Austin motorcycle accident attorney at the Dow Law Firm will seek compensation for your medical bills, emotional trauma, diminished earning capacity, pain and suffering, and other damages.
Our Austin personal injury attorneys work on a contingency fee basis, so you pay nothing unless we win. Contact us today at (512) 240-9951 for a free case review.
Why Choose Dow Law Firm for Your Austin Motorcycle Accident Case?
At Dow Law Firm, our core values of empathy, diligence, and excellence are the foundation of our practice. Our motorcycle accident lawyers believe in providing personalized service tailored to each client’s unique situation. By taking the time to understand your specific needs, we can craft legal strategies designed to achieve the best possible outcome for your case.
Our commitment to the Austin community runs deep. Our goal is not only to be the top motorcycle accident attorneys in Austin, but also to be trusted advisors and advocates for our clients. When you choose Dow Law Firm, you can rest assured that you have a dedicated team fighting for your rights every step of the way.
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Overcoming Bias in Austin Motorcycle Accident Cases
Motorcyclists are sometimes regarded as free-spirited and adventurous. Sadly, this perception can present itself in a court of law. When a motorcycle and another vehicle are involved in an accident, the motorcyclist is often assumed to be the responsible party, even if they were the victim. That is why it is imperative to have a skilled Austin motorcycle accident lawyer on your side who can deliver irrefutable facts on your behalf.
While motorcycle riders are thought to speed, weave through traffic, and engage in reckless behavior on the road, drivers of all vehicles are capable of this behavior. We understand the uphill battle you face in terms of perception and fights to identify who is to blame, whether it is another motorist, the manufacturer, or road conditions.
The Danger of Motorcycle Accidents in Austin and Throughout the US
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are about 26 times more likely to die in a motorcycle crash than occupants in a car. Wearing a helmet is the simplest and most effective means of improving your chances of survival in an accident. Yet, even with a helmet, motorcyclists are at a serious disadvantage, as they are exposed and do not have seatbelts. This means side impacts will result in a blow to the body, and collisions from behind will often result in ejections.
Common Causes of Austin Motorcycle Accidents
Most motorcycle accidents happen because someone, often the driver of another vehicle on the road, is negligent. Negligence involves a deviation from accepted standards of care, which often manifests as careless behavior and/or violations of local traffic laws.
In Austin, some of the most commonly cited causes of motorcycle crashes in the city include:
- Speeding: Speed increases braking times and stopping distances. It also reduces a driver’s ability to control their vehicle, which can be disastrous if they’re sharing the road with motorcycle riders.
- Distracted driving: Motorists who text, converse with passengers, or take a phone call might not realize that they’re sharing the road with a vulnerable motorcyclist. This can prevent them from exercising the added caution that’s required to share the road with riders safely.
- Drunk driving: Drivers who are under the influence of drugs or alcohol are more likely to swerve and have difficulty maintaining a single lane of traffic. Drunk drivers are also more likely to run red lights and stop signs, forget to check their mirrors for motorcyclists when turning, and suffer from reduced reaction times when they do spot a motorcycle rider in their path.
- Unsafe lane change: Motorcycles are a lot smaller than other vehicles on the road, so they can be a lot harder to see. Just checking a vehicle’s side and rearview mirrors often isn’t enough to spot a motorcycle in a nearby lane. Drivers need to physically turn and put their eyes on the lane of traffic they want to merge into to ensure that a motorcycle rider isn’t in harm’s way.
- Lane splitting: Unsafe lane changes aren’t just made by drivers of passenger vehicles. Motorcyclists who split lanes or drive between two lanes of traffic can significantly increase the risk of causing a motorcycle crash, too.
- Potholes: Potholes and other road defects can make the roads unsafe for motorcyclists. When approaching a large pothole or break in the road surface, a motorcycle rider might be forced to move into another lane or drive against oncoming traffic to find safe, level ground to prevent them from overturning or falling.
- Vehicle defects: Problems with a motorcycle, motorcycle helmet, or other safety equipment can also contribute to or cause motorcycle accidents and injuries in Austin. Brake failure, issues with turning signals or electrical systems, or fractures in the bike’s frame can create situations that leave riders vulnerable to serious physical injuries or death.
Knowing why your motorcycle accident happened will be central to a successful personal injury claim. Our motorcycle accident lawyers in Austin will launch a full-scale investigation and gather critical evidence, including maintenance records, forensic reports, copies of the accident report, cell phone records, video footage, and witness statements, to assess the crash and pinpoint the underlying cause.
When the cause is clear, we can determine who’s at fault and work to hold them fully accountable for your motorcycle accident injuries. The sooner we can begin working on your case, the better your odds of recovering a meaningful financial award. Don’t hesitate to call our Austin law office for help after you’ve reported your motorcycle wreck and sought medical care.
Common Injuries Sustained in Austin Motorcycle Accidents
There are many scenarios in which motorcyclists are victims of an accident. Whether because they misjudged the speed of a motorcycle or did not account for their presence, it is not uncommon for cars to cut off bikers. Sudden lane changes, often an effect of distracted driving and inattentiveness, are another serious, recurring problem. Regardless of the cause of the accident, there are severe, long-lasting, and often fatal outcomes that may result.
Common injuries sustained in Austin motorcycle accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures
- Amputations
- Road rashes
- Soft tissue injuries
- Paralysis
- Death
Motorcycle Accident Statistics You Need to Know
Motorcycle accident statistics reveal that motorcycles have much higher fatality and personal injury rates than other modes of transportation. They also show that other motorists cause accidents two-thirds of the time. In such cases, the other driver can be held liable for medical costs, lost past and future wages, pain and suffering, and other damages.
If you were injured or someone you love passed away in a motorcycle accident, you could receive significant compensation. Austin motorcycle accident attorneys at the Dow Law Firm can help. If you live in Austin, TX, give us a call to learn more.
Staying Aware of the Risks
Just how dangerous are motorcycle accidents? Consider the following:
- Motorcyclists wind up in an accident 6 percent of the time they ride
- Motorcyclists are five times more likely to get injured than car passengers traveling on the same road
- More than 95 percent of motorcycle accidents result in some sort of injury
- Riders suffer moderate to severe injuries in 45 percent of motorcycle accidents
- Approximately three in four motorcycle accidents involve another vehicle
- Motorcyclists are 28 times more likely to die in an accident than other automobile drivers
Consequently, a successful Austin motorcycle accident suit will often result in compensation for you and your family.
How Age Plays a Factor in Austin Motorcycle Crashes
Motorcycling is very popular among riders aged 40 and above. According to the Insurance Information Institute, more than 54 percent of fatal motorcycle accidents happen to riders in this age group. In contrast, fatality rates in riders 39 years old and younger have dropped in recent years from 24 to 19 percent.
The Importance of Wearing a Helmet When You Ride
Wearing a helmet is one of the biggest factors in preventing neck and head injuries in motorcycle accidents. While helmets save lives and reduce the likelihood of serious injury, they are not always required. In Texas, riders 21 years old and older are exempt from having to wear a helmet if they have completed a motorcycle operator safety training course or can prove they are covered by an applicable health insurance plan.
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Seeking Maximum Compensation for Your Motorcycle Injuries
Seeking maximum compensation for your motorcycle injuries is necessary to protect your future, but it can be an uphill battle. At Dow Law Firm, our motorcycle accident attorneys understand the challenges you are facing and have experience taking on major insurance companies to negotiate fair settlements that cover our clients’ extensive losses.
Medical Bills
After a motorcycle accident, one of the major concerns is the costly medical bills that can result from necessary treatments, surgeries, and ongoing care. You might have bills from:
- Emergency transportation and trauma care
- Doctor and specialist appointments
- Hospitalization
- Surgeries
- Occupational and physical therapy
- Medical equipment and medication
- Home health care
Our skilled motorcycle accident lawyers can review your records and ensure your medical expenses are covered. We also consider whether you will need ongoing medical treatment after your motorcycle accident claim is resolved, as you must include those estimated costs in your claim. We have the resources to calculate future expenses, as well.
Lost Income
In addition to medical bills, a motorcycle accident can also lead to lost income if you are unable to work due to your motorcycle accident injuries. Your Austin attorney can work tirelessly to recover compensation for your lost wages, whether you missed a few days or months of work.
We’ll gather evidence to demonstrate the impact of the accident on your ability to work and pursue a settlement that accounts for your current and future lost income. Our motorcycle accident attorneys often work with economic experts to calculate future lost earning capacity when needed.
Pain and Suffering
Our legal team at Dow Law Firm never overlooks or underestimates the physical and emotional pain resulting from a motorcycle accident. Insurance companies usually downplay your non-economic losses, but seeking help from our motorcycle accident attorneys in Austin can make a significant difference in your ability to recover damages for pain and suffering.
We will advocate on your behalf to ensure you receive compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
Fighting Insurance Companies
Insurance companies are notorious for attempting to minimize payouts in motorcycle accident claims in many different ways. Having our dedicated motorcycle injury attorneys by your side can level the playing field and prevent insurance companies from taking advantage of you.
We will negotiate aggressively with the insurance company, seeking maximum compensation for your motorcycle accident injuries and holding them accountable for fulfilling their obligations under the policy. If they are not reasonable, Dow Law Firm will not hesitate to initiate litigation.
How an Austin Motorcycle Accident Lawyer Can Help
Motorcycle accident victims may be eligible to receive damages for past and anticipated medical bills, property damage, lost earnings, diminished earning capacity, disability, mental anguish, and pain and suffering. Our Austin motorcycle accident lawyers understand the immense physical, emotional, and financial pain that injury victims face after a serious injury. We’ll examine police reports, witness statements, photographs, and other evidence to build a strong case on your behalf and seek maximum damages to cover your costs.
Texas Motorcycle Laws and Safety Requirements
Several laws govern motorcycle riders in Texas, just like motor vehicle drivers. For example, you need a valid Class M motorcycle license to operate any motorcycle, three-wheeled motorcycle, motor-driven cycle, or moped on public roads.
Most motorcyclists must wear DOT-approved helmets. However, if you are at least 21 years old, you can ride without a helmet under two conditions:
- You have completed an approved Motorcycle Operator Training Course.
- You carry at least $10,000 in medical insurance coverage. You will need to keep proof of your insurance policy with you, showing the insurer’s name, policy number, and coverage period.
Like any motor vehicle operator, you cannot ride while intoxicated. Texas sets the legal limit at 0.08% blood alcohol concentration. Zero tolerance applies to anyone under 21; this means any detectable alcohol in your system is illegal.
Passengers must be at least five years old, and anyone under 21 must wear a helmet. Passengers over 21 can ride without helmets only if they meet the helmet exemption requirements. A motorcycle must have a permanent passenger seat to carry anyone.
Comparative Fault in Austin Motorcycle Accident Cases
Texas follows a modified comparative fault system that allows you to recover compensation even if you are partially responsible for your accident. You can still collect damages as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of liability.
For example, if you are found 30% at fault for an accident and have $100,000 in damages, you would receive $70,000 after the 30% reduction. But if you are 51% or more at fault, you cannot recover any compensation under Texas law.
Evidence That Can Help Prove an Austin Motorcycle Accident Claim
Building a strong motorcycle accident claim requires gathering comprehensive evidence that demonstrates what happened and who was responsible. Insurance companies often assume motorcyclists are reckless, so you need solid proof to counter their biases.
Your attorney from Dow Law Firm will help you gather several pieces of evidence to build your case, including:
- Police Reports: These official documents provide an objective account of the accident scene, including officer observations, witness statements, and any citations issued to the involved parties.
- Photographic Evidence: Pictures and videos of vehicle damage, road conditions, traffic signals, skid marks, and injuries create a visual record that often speaks louder than words in court.
- Medical Records: Documentation of your injuries, treatment received, and ongoing medical needs establishes the severity of your damages and connects them directly to the accident.
- Witness Statements: Independent observers can provide important testimony about how the accident occurred, especially when their accounts support your version of events.
- Traffic Camera Footage: Video evidence from nearby traffic cameras, businesses, or dashcams can show the sequence of events leading to your accident and prove the other party was at fault.
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Contact a Motorcycle Accident Attorney in Austin for a Free Case Review
After a motorcycle accident, you’ll need to fight against insurance companies that assume you’re just another reckless rider. At Dow Law Firm, we know the truth: most motorcycle crashes are caused by others’ negligence. We’ll work to hold them accountable and secure the resources you need to move forward.
Our motorcycle accident lawyers take every case on a contingency fee basis, so there is no financial risk to you. You focus on your recovery, and we’ll handle the rest. Call us at (512) 240-9951 or visit our contact page to schedule a free case review. Let our motorcycle accident lawyers in Austin help you and your loved ones seek justice.
Austin Motorcycle Accident FAQs
If you’ve been involved in a motorcycle accident in Austin, you likely have questions about the legal process. Here are some common FAQs to help guide you.
What should I do immediately after an Austin motorcycle accident?
After ensuring your safety and seeking medical attention, always contact an Austin motorcycle accident attorney. We can gather evidence, deal with insurance companies, and protect your rights.
How can a motorcycle accident attorney in Austin help me with my case?
Our skilled motorcycle accident lawyers can oversee the legal process on your behalf, negotiate with insurance companies for fair compensation, and represent your best interests in court if necessary.
How much are most motorcycle accident settlements?
Motorcycle accident settlements vary widely depending on the severity of injuries, property damage, lost wages, and other factors. Minor accidents may result in smaller settlements, while cases involving serious injuries, long-term disabilities, or fatalities can reach hundreds of thousands or even millions of dollars. An experienced motorcycle accident attorney in Austin can evaluate your case and give you a better idea of what to expect.
How much compensation do you get for a motorcycle accident?
The compensation you may receive depends on factors such as your medical expenses, lost income, pain and suffering, and the degree of fault of each party involved. Texas’s modified comparative fault rules also play a role; if you’re partially at fault, your compensation will be reduced accordingly. At Dow Law Firm, our motorcycle accident lawyers will thoroughly assess your damages and fight to recover the maximum compensation you deserve.