Motorcycle accidents can be devastating as a rider is relatively unprotected against an oncoming car. Careless drivers who fail to check their blind spots risk hitting defenseless bikers. Because motorcyclists are only protected by their helmets and clothing, seemingly minor accidents can cause significant injuries. If you or someone you know was hit by a car while riding a motorcycle, our firm has extensive experience in such matters and is ready to assist you. One of our Austin motorcycle accident lawyers may be able to help you file a claim for compensation. En Español
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Aggressive Injury Lawyer Assisting Austin Motorcycle Accident Victims
Common Damages in Austin Motorcycle Crashes
Motorcycle accident victims are highly susceptible to injury. The reason for this is obvious – a rider is no match for an oncoming car. The harm from such accidents can be life-changing regardless of whether the rider was wearing his or her helmet. These types of accidents can result in spinal damage, head injuries, paralysis, and even wrongful death.
Injuries sustained in such an accident can lead to reduced earnings, medical expenses, the need for future medical care, and a reduced ability to enjoy life. Victims are entitled to compensation when such harm occurs due to the negligence of another. Compensation should include medical expenses incurred, the cost of future care, lost earnings, any reduction in lost earning potential, pain and suffering, as well as property damage.
Elements of an Injured Motorcyclist’s Claim for Negligence
All licensed drivers in Texas must exercise a reasonable level of care when operating a motor vehicle. Drivers who fail to abide by local traffic laws can be sued for negligence in the event of an otherwise preventable accident.
Negligence lawsuits stemming from motorcycle accidents will be filed in either a Texas state or federal court. After the defendants respond, then a process called “discovery” will begin, which is how one party gains information from another.
Discovery can be used to gain additional information, such as whether the defendant was engaging in distracted driving, for example. If the case does not settle, the matter will proceed to trial after discovery has concluded. At the close of evidence, a judge or jury will decide whether the defendant is liable and the amount to compensate the plaintiff. It is crucial that you have an experienced motorcycle accidents lawyer to assist you throughout this process.
Dangerous Conditions on the Roadways
Conditions on the road that may seem innocuous can put bikers in danger. An incorrectly constructed road can cause a two-wheeled vehicle to wobble or even blowout a tire. Motorcyclists who are injured due to potholes or other dangerous road conditions may have a cause of action against the company or government entity responsible for maintaining and repairing the roadway. The experienced lawyers at our firm may be able to determine whether an injured motorcycle rider has a right to file a claim for compensation.
What If the Injured Party is at Fault?
If an injured motorcyclist is found to be partially responsible for their own damages, they can still recover compensation. As a comparative negligence state, Texas courts may assign fault to each party that bears responsibility for an injury. However, state law bars plaintiffs from recovering any damages if they are 51 percent or more at fault. For example, if the injured motorcyclist was looking at their phone or speeding at the time of their collision, the court may consider them to be comparatively at fault.
Contact an Austin Motorcycle Accident Attorney
Injured motorcyclists may be able to recover damages for the economic and non-economic losses sustained in an accident. If you were injured by another motorist’s negligence, our Austin motorcycle accident lawyers could help you recover damages for medical bills and lost wages, pain and suffering, and mental anguish.
Filing a lawsuit without experienced counsel, however, can be a confusing and challenging process. Our attorneys have experience litigating motorcycle accidents, could explain the necessary elements of a successful claim, and fight to get you the compensation you deserve. Call today to learn more.