Motorcycles are an increasingly popular mode of transportation in the Lone Star State; well over 300,000 motorcycles were registered in Texas in 2020! Yet, motorcycle injuries and fatalities still occur at alarming rates.
At Patterson Law Group, our Fort Worth Personal Injury lawyers understand that riding a motorcycle is a personal choice that includes additional risk factors not associated with other enclosed vehicles. Because serious injuries are common in motorcycle accidents, we’re dedicated to ensuring our clients get the the most compensation for an injury or accident..
If you’re in need of motorcycle accident attorneys in Texas, don’t hesitate to give us a call.
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Topics Covered
- What to Do If You’re Involved In A Fort Worth Motorcycle Accident
- Why Do I Need A Texas Blue Form After Your Motorcycle Crash?
- Is There A Deadline To File A Motorcycle Accident Claim in Fort Worth?
- What Kind of Compensation Can I Receive From a Fort Worth Motorcycle Claim?
- What Is the Timeline of a Motorcycle Accident Claim in Forth Worth?
- Determining The Cost of Your Losses in a Motorcycle Accident
- The Difference Between a Settlement Value Vs. Trial Value in a Motorcycle Accident Claim
- Who Can Be Held Liable in a Fort Worth Motorcycle Accident?
- Motorcycle Safety in Fort Worth, Texas
- Common Causes of Motorcycle Accidents in Fort Worth
- Texas Motorcycle Laws
- Common Fort Worth Motorcycle Injuries
- Why You Should Contact A Personal Injury Attorney After A Motorcycle Accident?
- Fort Worth Motorcycle Accident FAQs
- How Our Motorcycle Accident Lawyers in Fort Worth Can Help
10 Steps To Take After Your Motorcycle Accident
Immediately after an accident, there are several steps to take to make sure that you and others are as safe as possible.
- Stay calm. Accidents are frightening, but you can deal with them much better if you keep your head and try to think clearly. You will be a big help to others that way too.
- Get as far off the road as possible to avoid oncoming traffic.
- Check to see that everyone is okay and call an ambulance. Motorcyclists account for about 14% of all accident fatalities in the United States each year due to their vulnerable position. It is important to seek medical attention in any motorcycle accident to make sure everyone is okay.
- Call the police to get official help and a police report.
- Take photos if you are physically able to. These will help you remember what happened later if you should decide to pursue a personal injury claim.
- Collect insurance and contact information from the other driver(s) involved.
- Get witness statements and/or contact information to keep on hand if you need them for your claim.
- Get the medical attention you need by going to the hospital and listening to the paramedics.
- Keep track of any medical bills, repair bills, and other costs associated with your accident and resultant injuries.
- Contact a personal injury lawyer in the Fort Worth area to help you as you move forward.
After receiving medical treatment, it’s essential to contact a personal injury attorney for legal advice. Insurance companies will often try to use tactics to reduce and deny your accident claim. A personal injury attorney can review your motorcycle accident case to determine the true value of your claim and help you fight for what you deserve. You should not talk to the other party’s insurance or their lawyers before obtaining legal representation. If you let the wrong information slip, it could reduce the value of your claim.
Why Do I Need A Texas Blue Form After Your Motorcycle Crash?
Texas law requires that you fill out a Texas Blue Form (also known as a driver’s crash Form CR-2) if a police report was not placed and you meet one or both of the two requirements:
- An injury or death occurred due to the accident.
- Property damage from the accident will cost $1,000 or more.
Because motorcycle accidents are more costly and dangerous than many other types of crashes, a Texas Blue Form (CR-2) might become necessary. However, Texas Blue Forms are not always beneficial.
Because all drivers involved in an accident have to fill out a Texas Blue Form, it can be harder to know and believe exactly what happened. Any driver will likely provide a biased account, making it more likely that judges and juries won’t fully trust the Blue Form report.
Also, lawyers helping other drivers may take your words and try to use them against you.
If you are in an accident and the police don’t fill out a report, contact one of our lawyers at Patterson Law Group before you fill out the form. We will help you look over your Blue Form and make sure it is as accurate as possible without saying anything that might hurt your case.
Is There a Deadline to File a Motorcycle Accident Claim in Fort Worth?
For a Fort Worth motorcycle accident, the most likely cause of action to initiate a lawsuit will be negligence. In Texas, the statute of limitations for negligence is two years. Once the statute of limitations has run and an injured motorcyclist is outside of the two-year time limit, a negligence lawsuit will likely be dismissed. It is therefore important to speak with a qualified car accident lawyer Fort Worth depends on for knowledgeable, dedicated representation as soon as possible after your crash. Patterson Law Group can make sure that no red tape gets in the way of your obtaining a full and fair financial recovery.
What Kind Of Compensation Can I Receive From a Fort Worth Motorcycle Claim?
Damages are a sum of money claimed and awarded in a personal injury settlement. Damages awarded for a motorcycle accident include compensation for incurred injuries and other losses that were suffered as a result of the accident. There are ultimately three types of damages you may be entitled to recover after a Texas motorcycle accident. The three damages are:
- Economic damages: Economic damages are quantifiable monetary losses. These losses could include medical expenses, lost wages, and property damage.
- Non-economic damages: Unlike economic damages, non-economic damages cannot be easily quantified. These damages could include things like pain and suffering from psychological injuries.
- Punitive damages: Punitive damages aren’t necessarily awarded because of something you lost as a result of the accident. In some cases, punitive damages are simply awarded as a way to punish the offender.
These damages can include compensation for issues such as:
- Lost wages and income
- Property Damage
- Medical Bills
- Disability
- Disfigurement and/or Scarring
- Rehabilitation
- Pain and Suffering
- Additional damages that may be unique to the case
Typically, the more serious the accident, the greater the damages. Liability and damages coincide and affect the value of a motorcycle accident claim.
Texas is a modified comparative negligence jurisdiction. Should a negligence case go to trial, a plaintiff’s award will be reduced by the amount of fault they have for their injury. If a plaintiff is found to be more than 50% at fault for their injury, they will not be awarded damages. This is also known as the “51% bar.”
Insurance companies will often offer a quick settlement that doesn’t fully cover the property damage or injuries suffered – and while that can seem like a good deal at the time, it falls short as long-term expenses mount. Getting an appraisal of the value of your claim from a knowledgeable motorcycle accident lawyer in Fort Worth, TX, before speaking with an insurance adjuster can provide vital context.
What Is the Timeline of a Motorcycle Accident Claim in Fort Worth?
The timeline for accidents varies fairly broadly depending on several factors. While a straightforward case can sometimes be settled relatively quickly, it is often a good idea to take your time and make sure you have accounted for the full extent of your damages, including injuries that may take time to develop, as well as anticipated future medical costs.
Some of the factors that can affect a timeline include:
- The severity of injuries: claims like disability from severe injuries can require more time.
- Ambiguous liability: when liability is unclear, it can take more time to parse out who bears how much fault.
- Value of case: the more the case is worth, the more an insurance company will be willing to invest their time and money into legal defenses and/or negotiating it down.
- The insurance company: Insurance companies have different business models, some of which are more dependent upon fighting a case or delaying a payout.
One of the best ways to expedite your case is to work with a team of motorcycle accident lawyers Fort Worth residents know will fight for their client’s best interests every step of the way. We know how stressful and challenging the aftermath of a crash can be, and we’ll fight to help you get your life back on track as soon as possible.
Determining The Cost of Your Losses in a Motorcycle Accident
Motorcycle accidents can be challenging to recover from not just physically but financially as well. As with any accident, there will be physical injury, property damage (your motorcycle, if nothing else), and emotional distress.
Motorcycle drivers are often seriously injured due to their higher level of exposure. This can end up taking a significant toll on you and your family, both physically, emotionally, and financially.
When determining the cost of your losses in a motorcycle accident, each of these factors is taken into account. One of the highest costs you’ll encounter is hospital and medical treatment.
According to data from the U.S. Department of Transportation, the average cost of hospital treatment for motorcycle riders without a helmet was between $15,000 and $30,000. With a helmet, costs ranged from $10,000 to $17,000.
The same report indicated that non-medical costs from motorcycle accidents came out to about $22.6 billion per year. That is comprehensive, but it indicates that the loss each person suffers after an accident is immeasurable.
A personal injury lawyer will gather evidence from medical records, medical bills, witness statements from the scene, police reports, and income loss to prove how much your case is worth what you deserve in compensation. Once your case’s value is determined, a motorcycle accident attorney will pursue a settlement from the at-fault party’s insurance.
The Difference Between a Settlement Value Vs. Trial Value in a Motorcycle Accident Claim
There are two ways your personal injury claim can be settled if you’ve been in a motorcycle accident. An out of court settlement or a trial verdict.
Both of these options have pros and cons, and one of the most significant differences is in the monetary value of the case once it’s settled.
Settlements
- A settlement is an agreement between the drivers and their insurance companies that provides a specific value to the injured party.
- Settlements are private, and the decision is up to the parties involved rather than to a judge or jury.
- Settlements often take less time and money.
- Settlements often result in much lower payouts due to their compromising nature.
Trials
- A trial occurs when parties fail to settle.
- Your case is presented to a judge and jury.
- The jury and judge have the final say in who gets a payout and for what amount.
- Trials can be lengthy and costly.
- Trials usually result in much higher payouts because a lawyer knows precisely what the case is worth and can fight to get favorable results with supporting evidence.
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Who Can Be Held Liable In A Texas Motorcycle Accident?
Motorcycle accident attorneys in Texas must consider liability and damages to properly value a motorcycle case. Liability refers to who was at fault, and whether or not negligence can be proven. Proving fault is our responsibility if we take on your case.
There are several parties who may be held responsible for a motorcycle accident. The liable party/parties will depend on the nature of the accident. If the crash was the result of a negligent driver, then the driver can be held liable.
Negligence is a specific logical calculation of three factors:
- Duty: A duty must be owed by a defendant to a plaintiff. This can include the duty to drive in a reasonably safe manner, the duty of a mechanic to make adequate repairs, or the duty of a local government to have working traffic lights, adequate road signs, or maintenance of roads to prevent hazards like debris from previous crashes or potholes;
- Injury: The defendant suffered an injury, such as physical injuries or damages to their motorcycle; and,
- Causation: The defendant’s failure to perform their duty caused the injury.
Once liability is determined, the extent of the damages will be analyzed.
In other cases, the accident may have been caused by a road condition or a motorcycle malfunction. Motorcycles are more susceptible to road dangers such as oil slicks and potholes. Other road dangers could include missing traffic signs or signals, uneven surfaces, debris, blind corners, and faulty guardrails. Any road design or maintenance flaws greatly increase the risk of an accident. If a road flaw was to blame for a crash, the government agency responsible for the road design and upkeep could be held accountable.
Occasionally, a crash will occur due to an issue with the motorcycle itself. One of the most common defects for motorcycles are front wheels that wobble in high speeds. In these instances, the designer or manufacturer of the motorcycle or faulty part can be held liable.
Motorcycle Safety in Texas
In 2015, 459 motorcycle riders and passengers died in Texas; more than 1,800 people suffered incapacitating injuries.
Texas does not have a universal helmet law, which means riders 20 years of age and younger are required to wear a helmet, but riders 21 and older are not. So whether you choose to wear a helmet or not, Patterson Law Group is dedicated to helping motorcycle victims who have suffered an injury or wrongful death, due to another’s poor behavior while sharing the road.
Common Causes of Motorcycle Accidents in Fort Worth
Although each accident has unique facts, they tend to have patterns. Some of the common causes of motorcycle accidents in Fort Worth are:
- Cars and trucks making unsafe turns
- Texting and other distractions while driving
- Driving while intoxicated
- Tailgating
- Construction
- Poor weather conditions
- Hazardous roads, such as potholes or debris
- Defective motorcycle condition
Texas laws do not require riders over 21 to wear a helmet. However, doing so can drastically reduce the risk of fatality or injury in an accident. In fact, studies have found that helmet use reduces the risk of head injury by 69%. Helmet use also reduces the risk of death by 42%.
Larger motorcycles are typically more likely to be involved in an injury-related accident than smaller motorcycles. Larger engines allow for greater speed, which increases risk, but larger engines also increase the risk of head and thoracic injuries.
Intoxication is a large cause of accidents for bikers. Alcohol not only reduces a driver’s vision and reaction time, but it also may lead to a lack of precaution. Motorcyclists who ride while intoxicated are less likely to wear a helmet.
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Texas Motorcycle Laws
While every vehicle must adhere to the rules of the road, motorcycle riders are subject to additional legal guidelines.
Riders Must Obtain A Motorcycle License
A normal driver’s license will not be enough to operate a motorcycle in the state of Texas. Motorcyclists are required to complete a motorcycle safety course and pass a written test.
Helmet Use May Be Required
Texas does have laws pertaining to helmet use. Both motorcycle operators and passengers are required to wear a helmet that meets federal motor vehicle safety standards. However, individuals aged 21 or older are exempt from wearing a helmet if they’ve passed a motorcycle operator training course, or have at least $10,000 in medical insurance coverage.
Lane-Splitting
Lane-splitting, or the act of riding in between lanes is currently illegal in every state outside of California. In 2016, the Texas Senate introduced a bill to legalize lane-splitting, but the bill ultimately fell through.
Common Fort Worth Motorcycle Injuries
Motorcycle accidents are less common than car crashes, but they often cause more serious injuries to riders and passengers. The federal government estimates that motorcyclists are 27 times more likely to be killed in a crash per mile driven, compared to drivers of other types of vehicles. Common injuries suffered by those in a motorcycle accident include road rash, broken or fractured bones, brain injury, and death.
While injuries can vary widely, some injuries are far more common than others. Motorcycle accident injuries often include:
- Road Rash: Skin abrasions from skidding against the ground after a fall at high speeds
- Traumatic brain injuries (TBIs), i.e., concussions, contusions, and neuron shearing
- Eye injuries
- Amputated limbs
- Neck, back, and spinal injuries that can lead to paralysis
- Crushing injuries
- Bone fractures
In the event of an accident, motorcycle accident lawyers in Texas act on behalf of the victim, or their family, apprising them of their rights, and aiding in various legal challenges. At Patterson Law Group, we help motorcycle riders get back on their feet after a motorcycle accident. This may include medical expenses, lost earning capacity, and ongoing medical needs or treatments. Hopefully, it will also include getting back on your bike!
Why You Should Contact A Personal Injury Attorney After A Motorcycle Accident?
Texas is a comparative fault state, which means if you didn’t cause your accident, you should be able to sue the person who did and recover compensation.
Keep records of the medical bills, repair bills, and lost income you have had to deal with after an accident. You should also record any severe emotional distress or loss of relationships that you have suffered through because of your injuries.
Each of these things can be used to sue for damages. If another driver caused you all this pain, you shouldn’t have to pay for it yourself. You need a lawyer to help you determine the compensation you deserve and how you should pursue a settlement.
Don’t wait to get in touch with an attorney from Patterson Law Group. We have helped hundreds of clients get huge settlements in cases like yours. We are here to help you get the justice you deserve. If you’ve been in a motorcycle accident, call Patterson Law Group now!
Fort Worth Motorcycle Accidents FAQs
Can I still file a motorcycle accident lawsuit if I do not carry insurance on my motorcycle?
The state of Texas requires that motorcycle riders carry motorcycle insurance for their vehicles. You can still file a lawsuit if you were injured in an accident, but the courts may take whether or not you were insured at the time of the accident into consideration.
What if my motorcycle accident was caused by a road defect?
As smaller vehicles with only two wheels, motorcycles are more susceptible to road defects. Potholes, uneven surfaces, broken concrete, road debris, and more can all create a recipe for disaster. Injured cyclists can still file a claim in cases where hazardous road conditions were the culprit for the accident. Federal, state, or local governments can be held liable for poorly maintained roads.
Does Riding Without A Helmet Reduce My Claim?
Whether or not lack of a helmet could reduce your claim depends largely on the injuries you sustained. If you suffered a head injury, the lack of a helmet could be considered an unnecessary assumption of risk and could, therefore, reduce your claim value. However, if your head was not injured, the lack of a helmet will be irrelevant to your case.
What are the most dangerous streets to ride in Fort Worth?
Knowing where crashes occur allows drivers to be more vigilant when driving around dangerous intersections. Using this interactive map, check out where the most accidents happened in your area within the past 6 years.
How Our Motorcycle Accident Lawyers in Fort Worth Can Help
A serious motorcycle accident can change a person’s life in an instant; families are affected, friends, communities, and beyond. Accidents resulting in injury could mean extended time off work, high medical bills, and personal pain and suffering. We’re proud of the work we do for our clients; check out our reviews page, and Celene’s review below:
Patterson Law Group is always here when and if you need us. Tell us your story and we’ll give you the representation you need to make it through a terrible event.
Contact Patterson Law Group today by calling or fill out the form on this page and we’ll get in touch with you shortly. Speak today with a motorcycle and truck accident lawyer Fort Worth locals know they can rely on for integrity, honesty, and top results.
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