Motorcycles do not have the design or protective features 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.
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.
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. We 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 top Austin personal injury attorneys, 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.
Overcoming Bias in 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 motorcyclists 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 Beyond
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are about 26 times more likely to die in a 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 Injuries Sustained in Austin Motorcycle Accidents
There are many scenarios in which motorcyclists are victims in 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 injury
- Spinal cord injury
- Fracture
- Amputation
- Road rash
- Soft tissue injury
- 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 lawyers at the Dow Law Firm can help. If you live in Austin, TX, give us a call and find out 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 motorcycle accident suit will often result in compensation for you and your family.
How Age Plays a Factor in Motorcycle Accidents
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 head and neck 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.
Seeking Maximum Compensation for Your Motorcycle Injuries
Seeking maximum compensation for your motorcycle injuries is necessary to protect your future but can be an uphill battle. At Dow Law Firm, we 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 Austin motorcycle accident attorneys can review your records and ensure your medical expenses are covered. We also consider whether you will need ongoing medical treatment after your 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 injuries. Your lawyer can work tirelessly to recover compensation for your lost wages, whether you missed a few days or months of work. We will 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. We 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 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 injuries and holding them accountable for fulfilling their obligations under the policy. If they will not be 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 accident 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.
Contact a Motorcycle Accident Attorney in Austin for a Free Case Review
After a motorcycle accident, you will need to fight against insurance companies who assume you’re just another reckless rider. At Dow Law Firm, we know the truth: most motorcycle accidents are caused by others’ negligence. We will work to hold them accountable and secure the resources you need to move forward.
Contact us at (512) 240-9951 for a free case review and let our Austin motorcycle accident lawyers help you 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.