Motorcycle Laws in Texas

Motorcycle Laws in Texas

Motorcycles account for only 3 percent of all registered motor vehicles in the US, but they account for 14 percent of national fatal traffic accidents. There were 490 motorcyclist deaths in Texas in a recent year. Thousands more suffered injuries, and the other driver was usually at fault. A motorcycle accident is different from a crash with two cars because the motorcyclist lacks the protection of a motor vehicle.

Car drivers need to follow the law to ensure they don’t seriously injure or kill motorcyclists in accidents. Below, learn about motorcycle accident laws and related information.

Talk to a Houston motorcycle accident attorney today if you have suffered an injury due to another party in an accident.

Texas Is A Fault State

Understanding how liability in Texas is treated regarding motor vehicle accidents is essential. This is a fault state, meaning the at-fault driver is liable for the other person’s injuries and damages.

Most motorcycle accidents in Texas happen because of other drivers. If another driver hits you on your motorcycle, you should report the accident to your insurance company. But the other party’s insurance should pay for your injuries and damages. A motorcycle accident lawyer can handle your claim and ensure you receive the most compensation for your losses.

Unfortunately, auto insurance companies will probably try to pay less than you deserve for your injuries. This is a huge problem in a motorcycle accident because your injuries may be devastating, such as head injuries, spinal cord damage, severe road rash, burns, amputation and crush injuries, and more.

A motorcycle accident attorney will ensure you receive the most money for your injuries. Additionally, insurance companies often try to blame the motorcyclist for the accident. There is a bias among insurance adjusters and juries against motorcyclists. A skilled personal injury attorney will build a strong case with the evidence to ensure the appropriate party is blamed for the crash.

Texas Laws That Drivers Break In Motorcycle Accidents

Unfortunately, many Texas drivers break laws that endanger other motorists. This is an even bigger problem when motorcyclists are involved. Driving negligently can cause devastating accidents that injure or kill innocent motorcyclists. Some common traffic laws that drivers break include:

• Speed limits: Every Texas road has speed limits that state how fast you can drive under clear, dry conditions. However, drivers should slow down at night and in inclement weather. Many Texas drivers speed and get into severe accidents that injure other motorists. A collision with a motorcycle at high speed can be fatal. 
• Cell phone laws: Sending or receiving electronic messages while driving is illegal. Using a handheld device in a school zone is illegal, and the same is true for drivers under 18. Texting and driving takes one’s attention from the road, often leading to devastating accidents with motorcycles and other vehicles. 
• Aggressive and reckless driving includes speeding, weaving in and out of traffic, and tailgating: These behaviors can cause terrible accidents and should be avoided. 
• Drunk driving: You are legally intoxicated in Texas when your BAC is .08 percent or higher. You are also breaking the law when drugs or alcohol affect how you drive. Let your motorcycle accident attorney know if you think the driver who hit you was intoxicated. 

Your motorcycle accident attorney will check if the police cited the driver for any traffic violations. If so, this is important evidence that can be used to your advantage in a civil lawsuit.

Common Motorcycle Accidents Caused By Other Drivers

Riding a motorcycle takes a lot of skill and care. Even when you ride perfectly, you must watch other vehicles on the road. Every year, motorcyclists suffer an injury and are killed by car drivers who cause serious accidents.

Many motorcycle accidents happen because the other driver doesn’t see the motorcycle. Also, many drivers are distracted by cell phones, and a motorcycle’s minimal size and profile are easy to miss if they aren’t watching closely. However, all vehicle drivers have a duty of care to other motorists and motorcyclists to drive safely and not injure others. A motorcycle accident lawyer will review the accident evidence to determine if the other driver violated the duty of care and injured you.

Common motorcycle accidents caused by other drivers are:

Driver Turns Left In Front Of The Motorcyclist

Motorcycles are more challenging to see than cars and trucks. But that doesn’t matter: Car drivers must watch for motorcyclists on the road. Unfortunately, a car driver may not see the motorcyclist and turn left in front of them. This type of accident can cause a high-speed collision that is serious or fatal for the rider.

Left-hand turn crashes often happen in intersections where the motorcyclist has the right of way. They can also occur on two-lane roads where a car turns left into a driveway or business and doesn’t see the biker.

Driver Hits The Motorcyclist Head-On

Another common motorcycle accident happens when a driver hits the motorcycle head-on. The rider and bike may flip over the car in a head-on crash. These crashes are always severe and often fatal. Far too many car drivers fall asleep behind the wheel or drink and drive, and motorcyclists frequently bear the brunt of their negligence.

Driver Hits The Motorcyclist From The Side

These accidents happen when a motor vehicle runs a stop sign or red light and hits the motorcycle from the side. This type of accident can also occur when the car driver creeps into an intersection and impedes the lane. This crash can cause severe crush or amputation injuries to the motorcyclist’s lower leg.

Driver Hits The Motorcyclist From Behind 

When a motorcycle stops suddenly, cars behind may not see them. A rear-end crash from a car or truck can be fatal for the motorcyclist. Rear-end crashes involving motorcycles happen when a bike stops at a red light or stop sign. The car driver may not see the bike, but that’s no excuse. They can be found at fault for the accident and must pay the motorcyclist’s damages.

Driver Changes Lanes Into The Motorcyclist

Blind spot accidents are common and happen even more often to motorcyclists. Motorcycles are more challenging than cars, and the driver may not see you in their blind spot.

Why You Need A Motorcycle Accident Attorney To Handle Your Claim 

You should always have a motorcycle crash lawyer oversee your claim if another party caused the accident. Most motorcycle crashes cause major injuries. You can have months or years of medical bills and rehabilitation. You can be out of work for years or permanently.

It’s paramount to have a skilled motorcycle accident attorney negotiating for the most compensation for your losses. Your attorney knows how to prove liability in your claim with substantial evidence. They are also skilled in insurance negotiations and will get the most compensation for your injuries, lost earnings, pain and suffering, and mental anguish.

An experienced attorney will attempt to negotiate the best settlement. If the insurance company doesn’t negotiate fairly, your attorney will prepare the case for court. Most motorcycle crash claims end with a settlement, but your attorney can take the case to trial and win.

How A Motorcycle Accident Attorney Will Help You 

If a driver hits and injures you on your motorcycle, you should hire a personal injury attorney immediately. There are several things your attorney may help with during the claim or lawsuit:

Prove Who Caused The Crash 

Other drivers indeed cause most motorcycle crashes. However, the insurance company or jury won’t take your word for it. The burden of proof is on you. Your attorney must prove that the other driver was negligent as follows:

• The car driver had a duty of care to you. They are supposed to drive safely, obey traffic laws, and observe other motorists. 
• The driver violated their duty of care by, for example, rear-ending your motorcycle at a traffic light. 
• You suffered injuries because of the breach of duty of care, such as a broken arm and leg. 
• You have monetary damages, such as $20,000 in medical bills and lost earnings. 

Proving negligence might seem straightforward, but it often is not. Your lawyer will also find out if the liable driver was working during the crash. If so, you can receive compensation from their employer.

Negotiate With The Insurance Company 

You have broken bones and road rash from a terrible motorcycle crash. You are in pain, and just getting out of bed is an ordeal. This isn’t the best time for you to negotiate with a difficult insurance company. Your attorney negotiates with insurance providers daily and gets good results. You should let them do their job while you recover.

While you can and should talk to your insurance company, avoid talking to the liable driver’s insurance provider. Nothing good will come of you talking to the other party’s insurance adjuster. You should politely decline to speak to them if they call. Give them your attorney’s phone number and email. You don’t want to say anything that damages your case.

Furthermore, don’t sign any paperwork from an adversarial insurance company. Have your attorney review every legal document related to the case before you sign.

Document Your Damages

Your motorcycle accident attorney will review your damages and losses. They will collect vital evidence to document your various injuries and expenses. They will summarize your losses in a demand letter and tell the insurance company what you want to settle in the case. Some damages your attorney may obtain for you include:

• Current and future medical expenses: You may have costs related to the ER and ambulatory care, surgeries, hospitalization, procedures, prescription drugs, and rehabilitation. A severe injury can entitle you to long-term medical expense compensation, which your attorney will estimate with the assistance of medical experts. 
• Lost earnings in the past, present, and future: You should be compensated for lost work time until you return to your job. You can receive compensation for lost earning capacity if you have a severe injury, such as spinal cord damage. 
• Property damage: Your damaged or destroyed motorcycle should be repaired or replaced by the insurance company. 
• Pain and suffering: Sadly, many motorcycle accidents cause painful injuries. Your pain from the accident, injuries, and treatments have a monetary value. Your attorney may rely on testimony from medical experts to document your level of pain and suffering. 
• Mental anguish: Your severe injuries can leave you with long-term complications that are mentally and emotionally painful. 

Contact A Texas Motorcycle Accident Attorney

Motorcycle accidents are usually more severe than other auto accidents. You can have severe injuries and damages, so talk to a motorcycle accident attorney today. They’ll review your case for free and determine if another person’s negligence injured you. You don’t need to pay any out-of-pocket legal expenses, and you don’t pay legal fees unless you win.