Bryan-College Station Motorcycle Accident Lawyers

Helping Motorcyclists & Their Families Throughout Texas

Motorcyclists are often the most vulnerable road users on Texas roads. In a collision between a motorcycle and another vehicle, the motorcyclist is at a significant disadvantage. Motorcycles are smaller and less visible than other vehicles on the road, and they lack the same safety features that larger vehicles have, such as airbags and seat belts.

When a motorcyclist gets into an accident with another driver, the motorcyclist is often seriously injured or even killed. At times, the motorcyclist is the victim of another driver's negligence. Regardless of the cause, the injured motorcyclist or the family of a deceased motorcyclist may be eligible to receive compensation for damages.

If you were involved in a motorcycle accident or if your family member was killed in a motorcycle accident, you need an experienced attorney who will fight for you. The Bryan-College Station motorcycle accident lawyers at Rhodes & Humble LLP are here to help. We can step in to protect your rights, seek justice, and secure the compensation you deserve.

Contact us online or call (979) 459-9888 today to learn more about what our motorcycle accident attorney in Bryan-College Station can do for you!

Motorcycle Accident Laws

Motorcycle laws in Texas are designed to ensure safety for riders, passengers, and others on the road. Here are the key laws to be aware of:

• Motorcycle Licensing: In Texas, riders must have a valid motorcycle license (Class M) to operate a motorcycle. To obtain this, a person must be at least 15 years old and pass both a written knowledge test and a road skills test. If you are under 18, you must complete a motorcycle safety course before applying for your license.
• Helmet Requirements: Texas law mandates that riders under the age of 21 must wear a helmet. For riders over 21, helmets are optional, but only if the rider has either completed a motorcycle safety course or has medical insurance coverage. However, even though it's not required for all riders, wearing a helmet is still strongly recommended as it significantly reduces the risk of injury in case of an accident.
• Motorcycle Equipment and Safety Standards: Motorcycles must meet certain safety standards, including having working headlights, taillights, turn signals, and a horn. The bike must also have at least one rearview mirror, and if the bike is built with a passenger seat, the passenger must have footrests. Additionally, mufflers are required, and bikes must meet noise regulations.
• Lane Splitting: Lane splitting, which is the practice of riding a motorcycle between lanes of traffic, is not legal in Texas. Riders must stay within the lane markings and adhere to traffic laws like other vehicles on the road.
• Riding with Passengers: A motorcycle rider can have a passenger, but the passenger must have a separate seat and footrests. Passengers are also required to wear helmets if they are under the age of 21.
• Insurance Requirements: Motorcycle owners are required to have liability insurance coverage in Texas. The minimum coverage includes $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $25,000 for property damage. Proof of insurance must be carried while riding.
• Safety Courses: Texas offers the Motorcycle Safety Foundation (MSF) course, which is a great way to enhance riding skills and improve safety awareness. Completing this course can help with licensing requirements and sometimes lower insurance premiums.
• DUI and Impairment Laws: Just like with any other vehicle, operating a motorcycle under the influence of alcohol or drugs is illegal. Texas enforces strict DUI laws, and motorcycle riders can face significant penalties for riding under the influence, including fines, license suspension, and even jail time.

Common Causes of Motorcycle Accidents

• Negligent Drivers: One of the primary causes of motorcycle accidents is negligence on the part of other drivers. Failure to yield, distracted driving, speeding, and reckless behavior can all result in devastating collisions with motorcycles.
• Lane Changing and Merging: Motorcycles can be easily overlooked due to their smaller size. When drivers fail to check blind spots or improperly change lanes or merge, they put motorcyclists at risk of serious accidents.
• Hazardous Road Conditions: Poorly maintained roads, potholes, debris, or uneven surfaces can pose significant dangers to motorcyclists. If a government entity or road authority is responsible for the road conditions that contributed to your accident, a motorcycle accident lawyer can help hold them accountable.
• Driving Under the Influence: Motorists operating vehicles under the influence of alcohol or drugs significantly increase the likelihood of accidents. Impaired drivers often exhibit erratic behavior and impaired judgment, posing a grave danger to motorcyclists.
• Door Collisions: Opening car doors without checking for oncoming motorcycles can lead to severe accidents. Known as "dooring," these incidents occur when parked drivers unexpectedly open their doors into the path of an approaching motorcyclist.

When the unexpected occurs, and you find yourself involved in a motorcycle accident, the aftermath can be overwhelming. By reaching out to a skilled motorcycle accident lawyer, you gain a dedicated advocate who will fight for your rights, provide legal expertise, and work tirelessly to secure the compensation you deserve.

Common Injuries in Motorcycle Accidents

Common injuries may include:

• Traumatic Brain Injuries (TBIs): Motorcycle riders are particularly vulnerable to head injuries, even when wearing helmets. TBIs can vary from concussions to severe brain damage, impacting victims' cognitive functions and quality of life.
• Spinal Cord Injuries: The force of impact in a motorcycle accident can cause damage to the spinal cord, resulting in partial or full paralysis.
• Fractures and Orthopedic Injuries: Riders may suffer fractures to their limbs, pelvis, or other bones upon impact with another vehicle or the road surface. These injuries can be debilitating and may demand multiple surgeries to repair.
• Road Rash: When a rider is thrown from their motorcycle, they may skid across the pavement, causing friction burns known as road rash. In severe examples, road rash can lead to infection and permanent scarring.
• Internal Injuries: Blunt force trauma from a motorcycle accident can lead to internal injuries like organ damage or internal bleeding. These injuries may not always be immediately apparent and require prompt medical attention.

What Damages Could Be Recovered in a Motorcycle Accident Case?

Possible damages may include:

• Medical Expenses: This includes compensation for past, current, and forthcoming medical bills related to your injuries, including hospital stays, surgeries, medication, rehabilitation, and therapy.
• Lost Wages: If your injuries prevent you from returning to work or performing your job duties, you may be entitled to compensation for lost wages and diminished earning capacity.
• Pain and Suffering: Motorcycle accidents can cause physical pain and emotional trauma. You may be able to recover damages for the physical discomfort and mental anguish you have endured as a result of the accident.
• Permanent Disability: If your injuries result in permanent disability or impairment, you may be qualified to compensation for the loss of enjoyment of life and the impact on your ability to participate in activities you once enjoyed.
• Property Damage: You may be able to recover compensation for the restoration or replacement of your motorcycle and any other property damaged in the accident.
• Wrongful Death: If a loved one has been killed in a motorcycle accident, you may be able to pursue a wrongful death claim to pursue compensation for funeral costs, loss of financial support, and the emotional distress and suffering caused by their death.

Challenges Motorcyclists Face When Recovering Compensation

Injured motorcyclists face several legal challenges when trying to recover compensation in an accident claim. These challenges can complicate the process of securing fair compensation for injuries, medical expenses, and other damages.

Below are the main obstacles they might encounter:

• Bias and Stereotypes Against Motorcyclists: One of the primary challenges motorcyclists face is the stereotype that they are reckless or irresponsible riders. Insurance companies, defense attorneys, and even jurors can be influenced by this bias, making it harder for motorcyclists to prove their innocence or demonstrate that the other driver was at fault. These preconceived notions can lead to the injured motorcyclist being unfairly blamed for the accident, which can reduce or even deny their compensation.
• Proving Fault: Like any personal injury case, proving fault is essential. In motorcycle accident claims, the other party often denies responsibility or tries to shift blame onto the motorcyclist. For instance, the defense might argue that the motorcyclist was speeding, failed to yield, or engaged in risky behavior like lane splitting. In some cases, motorcyclists may be accused of not wearing proper safety gear, which could be argued as a factor contributing to the extent of their injuries. Gathering sufficient evidence, such as witness statements, traffic camera footage, and expert testimony, is crucial for overcoming these arguments.
• Insurance Adjusters and Lowball Offers: Insurance companies may attempt to minimize their payouts, especially in motorcycle accident cases where the damages may be high. Insurers might try to blame the rider or downplay the severity of injuries. They may offer a quick settlement that is much lower than what the injured motorcyclist needs to cover medical expenses, lost wages, and pain and suffering. Navigating this process often requires the help of an experienced attorney who can fight for a fair settlement and avoid being pressured into accepting inadequate offers.
• Pre-Existing Conditions and Injury Exaggeration: The defense may argue that the motorcyclist’s injuries were pre-existing or not caused by the accident. For example, if the rider had prior back or knee issues, the defendant’s lawyer might claim those conditions were responsible for the injuries rather than the crash. This creates a complicated situation where the injured motorcyclist must prove that their injuries were directly caused by the accident, which may involve detailed medical records and expert witness testimony.
• Underinsured or Uninsured Motorists: If the at-fault party is uninsured or underinsured, it can be difficult for the motorcyclist to recover full compensation for their damages. In Texas, motorcyclists are required to carry liability insurance, but if the other driver lacks coverage or has insufficient coverage, it can be a challenge to recover compensation. Some motorcyclists may have uninsured/underinsured motorist (UM/UIM) coverage on their own policy, but this can still complicate the claims process and often results in lower compensation if the rider’s own insurer is involved in the dispute.
• Challenges with Comparative Fault: Texas follows a modified comparative fault rule, meaning if the injured motorcyclist is found partially at fault for the accident, their compensation may be reduced by the percentage of fault assigned to them. For example, if a motorcyclist is deemed 20% responsible for an accident, their compensation will be reduced by 20%. This can become a complex issue when both parties share responsibility, as insurance companies and defense attorneys often attempt to shift as much fault as possible onto the motorcyclist to reduce the payout.
• Medical Evidence and Documentation: The burden of proof lies with the injured motorcyclist to establish the severity and causality of their injuries. This requires extensive documentation, including medical records, doctor’s opinions, and possibly expert testimony. The longer it takes to seek medical attention after an accident, the harder it becomes to prove that the injuries were a direct result of the crash, making timely and thorough medical attention crucial.
• Riding Without a Helmet: While Texas law only requires riders under 21 to wear helmets, motorcyclists who choose not to wear helmets can face challenges in their claims. Insurance adjusters and defense attorneys may argue that the rider’s failure to wear a helmet contributed to the severity of their injuries, even if the crash was entirely the fault of the other driver. In some cases, this argument can reduce the amount of compensation a rider may receive.

Given these challenges, injured motorcyclists often benefit from consulting with an experienced personal injury attorney who can guide them through the legal process, gather and present the necessary evidence, and ensure they are not unfairly penalized due to stereotypes or biases. Legal representation is especially important when navigating complex issues like proving fault, managing insurance disputes, and handling comparative fault rules.

How Can a Personal Injury Lawyer Help?

• Legal Expertise and Guidance: Navigating the legal complexities of a motorcycle accident case can be daunting, especially when dealing with insurance companies and opposing parties. A Bryan-College Station motorcycle accident lawyer has the knowledge and expertise to guide you through the entire legal process. They will help you understand your rights, assess the strength of your case, and provide strategic advice to pursue the best possible outcome.
• Thorough Investigation: Motorcycle accident lawyers understand the importance of conducting a comprehensive investigation to gather crucial evidence. They will collaborate with accident reconstruction experts, review medical records, analyze police reports, interview witnesses, and collect any other pertinent information to build a strong case on your behalf. This meticulous approach ensures that no stone is left unturned in determining liability and establishing the full extent of your damages.
• Determining Liability: Determining liability is a critical aspect of any motorcycle accident claim. Motorcycle accident attorneys possess the skills to identify and prove liability, whether it lies with another driver, a negligent road authority, a defective vehicle part, or any other contributing factor. By establishing fault, your attorney can strengthen your case and pursue compensation from the responsible party or parties.
• Negotiating with Insurance Companies: Insurance companies are notorious for trying to minimize payouts or even deny valid claims. Motorcycle accident lawyers have experience in dealing with insurance adjusters and will tirelessly negotiate on your behalf. They know the tactics used by insurance companies and are equipped to counter them effectively. Their goal is to secure a fair settlement that adequately covers your medical expenses, lost wages, pain and suffering, and other damages.
• Litigation and Trial Representation: While many motorcycle accident cases are resolved through negotiations, there are instances where a fair settlement cannot be reached. In these situations, having a skilled litigator on your side is essential. A Bryan-College Station motorcycle accident lawyer will prepare your case for trial, present compelling arguments, cross-examine witnesses, and advocate for your rights in the courtroom. Their expertise in trial representation ensures that you have a strong advocate fighting for your interests.

Contact Our Motorcycle Accident Attorney in Bryan-College Station Today

The motorcycle accident lawyers in Bryan-College Station at Rhodes & Humble LLP are here to help. With our help, you can focus on your recovery while knowing that your case is in capable hands.

Contact our Bryan-College Station motorcycle accident attorneys by calling (979) 459-9888 to schedule your consultation today!