Motorcyclists face special challenges on the roads and highways of Austin. You may take every precaution, and adhere to every law. You may be confident in your skills. You may maintain a high standard of safe motorcycle operation. Yet, if a motorist fails to see you while you are riding, an accident can happen in a split second, affecting even the most veteran riders. When this happens you can count on experienced Austin motorcycle accident lawyer Aaron Allison to be by your side.
A motorcycle crash can be one of the most serious, and even catastrophic, types of injury while traveling. Personal injury and damage to property are common, and severe incidents are often reported, sometimes even resulting in fatalities. In fact, the National Highway Traffic Safety Administration reports that motorcyclist fatalities account for 14 percent of traffic deaths, and they occur nearly 29 times more frequently than passenger car occupant fatalities.
Motorcycle registrations in Texas continue to increase, putting more motorcyclists on the road than ever. Motorcyclists have just as much right to the road as other vehicles and are entitled to enjoy the same levels of safety and protection. If you or a loved one have been injured in a motorcycle accident, the motorcycle accident law firm of Aaron Allison can help.
What are the Common Causes of Motorcycle Accidents?
There are many types of common motorcycle accidents, including:
- Head-on collisions, often involving a car or larger vehicle
- Collisions caused by a turning vehicle, particularly when turning left
- Accidents that result from lane changes
- Accidents from striking a fixed object, such as a concrete divider
- Collisions that result from excessive speed
- Collisions involving driver error or fatigue
- Collisions affected by poor road conditions or weather
- Accidents as a result of driving under the influence of alcohol or other substances
Many Texas motorcycle accidents are not the fault of other drivers at all and might be a result of inadequate highway safety precautions. Ramps, barriers, and flyovers designed for automobiles may not always consider the safety of motorcyclists, leading to accidents and injuries.
Unfortunately, most motorcycle accident fatalities in Texas are due to impairment or reckless driving by the motorcyclist. Up to 28% of motorcycle accident fatalities are the fault of the motorcycle driver being under the influence of alcohol, while motorcyclists speeding, lane splitting, and passing too closely are also high contributors to motorcycle accident fatalities. Because motorcyclists are at higher risk on Texas streets and highways, it is especially important that they obey the rules of the roads, drive safely, and wear protective gear.
Why are Motorcycle Accidents so Serious?
Even the safest motorcyclists face some serious accident risks on the road. Cars and trucks give drivers the luxury of a steel enclosure. Motorcyclists do not have that benefit. Without the protection of steel frames, seat belts, or airbags, motorcycle riders are vulnerable to serious injury when accidents occur. According to the Insurance Information Institute, operating a motorcycle requires a different combination of physical and mental skills than those used in driving four-wheel vehicles.
Motorcyclists can also be difficult for other drivers to see, making it more dangerous for them to be on the road. The moment of impact can pose very serious dangers, too: a motorcyclist may be ejected, may make direct bodily contact with another vehicle, or may impact the ground surface or other objects. Even with protective gear, those dangers mean that your injuries in a motorcycle accident are likely to be severe.
Injuries that result from motorcycle accidents are numerous, and might include:
- Head injuries
- Leg and lower body extremity injury
- Various fractures
- Spinal cord fractures, including paraplegia or paralysis
- Internal bleeding and damage to internal organs
- Serious skin abrasions
Types of Austin Motorcycle Accident Cases
If you have been injured in a motorcycle accident in Austin, and the other driver was at fault, your car insurance company should cover the cost of your damage, including property damage, medical care, lost wages, and other types of damages.
If your damages exceed the limits of their coverage, if they are an uninsured driver, or if there is a dispute about who is at fault, you should immediately contact a motorcycle accident lawyer with a track record of success in Austin.
The most common type of motor vehicle accident case in Texas is negligence. You will need to prove that the other driver had the ability to avoid the accident, but instead drove in a manner that was careless, and therefore are responsible for your reimbursement. In motorcycle accidents, the Texas rule of comparative fault also applies — a jury may find that a motorcyclist who was not wearing a helmet contributed to the severity of their own injury, so it is important to understand Texas helmet laws.
In rare cases, a victim of a motorcycle accident may have cause to file suits against other parties. In some instances, motorcycle accidents may happen because of defective vehicle parts or equipment, or missing or defective road signage and highway maintenance.
A person who has lost a loved one in a motorcycle accident may also be able to sue for wrongful death and other damage.
What Steps Should I Take to Recover?
Motorcycle accidents are often the result of other motorists’ negligence, whether it be their inexperience, failure to pay attention, or other careless behavior. If you are injured in a motorcycle accident, your lawyer may be able to recover for the losses you incurred as a result of another person’s negligence.
First and foremost, you should make sure you receive proper medical treatment for your ailments. If possible, take photos of the scene of the crash, and obtain contact information for the parties involved and any witnesses. Document the damages to your bike, along with your personal injuries, as well as all treatments you receive.
Typically, your motorcycle accident claim will be one for negligence. This means you’ll have to prove that the other driver owed you a duty of care to operate safely on the road, and breached that duty by acting negligently. You will also have to prove that the other driver directly caused your hardship and injury. A knowledgeable motorcycle accident lawyer will ensure the relevant facts and legal arguments are presented in your negligence claim.
There are also some unique challenges to preparing a case after a motorcycle accident, and an experienced Austin motorcycle accident lawyer can anticipate and help overcome those challenges. For example, many jury members will be car drivers, and they simply do not understand the dynamics of motorcycles.
They may assume that the motorcycle rider engaged in reckless behavior that caused the accident. Or, insurance companies may say that a motorcycle rider who rides without a helmet is to blame for his or her condition, even though you can legally ride a motorcycle in Austin without a helmet under certain conditions. Even if you partially contributed to the accident, you may recover a settlement under Texas law.
To overcome these preconceived notions, motorcycle accident lawyer Aaron Allison will investigate and reconstruct the Austin accident scene to determine where the fault truly lies. It’s important to engage an attorney with experience representing parties in motorcycle accidents. Our law firm only takes legitimate cases that have a high probability of holding up to scrutiny and securing compensation for the victim.
How Can Aaron Allison Help?
Motorcycle accident litigation is complex, especially when severe brain injuries occur or when the rider is killed. At The Law Offices of Aaron Allison, our Austin motorcycle accident lawyers seek full and fair compensation for negligence and wrongful death. Rest assured that your motorcycle accident claim will be handled on a contingency fee basis by an experienced lawyer. This means you pay no legal fees unless we recover for you. You focus on attending to your medical needs. Your lawyer will focus on your legal rights and fight to recover compensation for you.
Call 512-474-8346 to contact our Austin motorcycle accident lawyer and schedule a free meeting with us to discuss your motorcycle accident. We’ll give you an honest assessment of your most realistic options.