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A motor vehicle accident is a very terrible experience, and it's more dangerous when it involves a motorcycle. Injuries sustained in a motorcycle collision are usually severe. Certain factors are responsible for this. However serious your injuries are, you can file a personal injury claim against the negligent party. You would need an excellent motorcycle accident attorney to win this legal action. The law firm of Calhoun Meredith can help you with the claims process.
A motorcycle accident occurs when a motorcycle crashes into passenger cars, stationary objects, or even another bike. Such crashes never leave the victims the same and can result in a wide range of injuries. Some of them include:
These common injuries, especially spinal cord damage, aren't peculiar to motorcycle accidents. However, they can be more severe after motorcycle crashes. Therefore, if you survive a motorcycle crash, it'll be best to seek immediate medical treatment. If you delay, your condition may worsen or become fatal. Don't put off treatment, even if you don't have the money. Save your life and worry about payment later.
Furthermore, not getting medical attention can also harm your lawsuit or insurance negotiation. The responsible parties may claim that your injuries weren't that severe. Also, some motorcycle injuries don't show for some days. If you don't see a doctor and your wounds show later, the insurance adjuster may claim that they aren't linked to the accident. So, urgent medical attention saves both your life and your compensation claim.
If you've seen any motorcycle accident victims, you may be shocked at their severe injuries. Motorcycles are one of the most dangerous forms of transportation. So, often, after motorcycle crashes, the motorcyclist may suffer catastrophic injuries or even permanent damage.
There are three significant reasons for this increased threat to motorcyclists.
Motorcycles don't offer occupants the same level of safety people in passenger cars have. For instance, a truck driver has the protection of the entire truck's frame with airbags and dashboards. Passenger vehicles also have seatbelts that reduce the effects of a traffic accident. However, a motorcycle lacks all these safety gear, and a crash can eject the rider from the bike. Therefore, motorcycle accidents hurt more.
Motorcycles also have very sensitive steering wheels when compared with other vehicles. The implication is that if the rider is surprised on the road, they can easily steer the motorcycle into a nearby object. Furthermore, motorcycles have less effective brakes than passenger cars. Even if a motorcyclist brakes, the bike may spin out of control, or the rider may be thrown off, causing more damage.
If a biker doesn't wear a helmet, they increase their chances of suffering more severe damages. In 2019, 36% of motorcycle riders who weren't helmeted suffered fatal injuries. Similarly, 48% of fatally injured motorcycle passengers didn't wear helmets too. The US Centre for Disease Control and Prevention says that if all states adopt a universal helmet law, they'll save more lives. Unfortunately, in Texas, wearing a helmet is only compulsory for people under 21 years. If you’re above 21, you can choose not to wear a helmet, subject to certain conditions.
Many factors cause motorcycle crashes. Some of these factors can be grouped under legal disobedience, driver attitude, and road hazards.
State laws often define how road users should act while driving or riding a motorcycle. These include speed limit laws and regulations that prohibit using devices while driving. Impaired drivers who are drunk driving are likely to hit motorcyclists.
Furthermore, distracted driving is also a significant cause. That's why you shouldn't drive while pressing your phones. Finally, both drivers of passenger vehicles and bikers should avoid aggressive driving since it has led to many motorcycle crashes.
Another significant cause is the failure of drivers to look out for motorcyclists in neighboring lanes. It could also be that a driver entered another motorist's blind spot. Whatever be the case, a driver's mistake can result in fatal crashes.
Finally, not all motorcycle accidents are caused by intentional human actions.. Sometimes, it's the state of the roads. For instance, bad weather conditions can prevent a driver from seeing clearly. This may result in a motorcycle crash. Such lousy weather includes heavy rains, flooding, and thick fogs.
Sharp curves and bends and road obstructions may also result in an accident. Furthermore, if the government fails to maintain the roads, both motorcyclists and drivers of other vehicles become more prone to accidents.
Experienced attorneys can quickly determine the motorcycle accident's cause. They may employ an accident reconstruction expert. It's essential to find the reason because it can help identify the liable parties.
There are many types of damages you can recover after a motorcycle crash. You can either get damages through an insurance settlement or a personal injury lawsuit. A dedicated motorcycle accident lawyer can help you determine which of the two will get you a fair settlement. Often, it's the insurance companies of the liable parties that'll replace your losses.
Below are some of the damages you can get for your motorcycle accident.
You don't have all the time to file your motorcycle accident claim in court. Texas law stipulates a strict time frame within which you must bring your case. The Statute of Limitations defines this period.
According to Texas Civil Practice and Remedies Code section 16.003, motorcycle accident suits must be filed within two years. This includes cases brought by passengers, motorcycle riders, drivers, etc. If you don't file the claim within two years, you may lose your right to remedies.
It would be best not to wait too long before approaching a motorcycle injury attorney to start the process. If a government employee caused your accident, you must file a notice of injury claim within 180 days of the occurrence.
There's also a Statute of Limitations regulating wrongful death claims. The estate of the deceased must file their claim within two years too. The Texas Civil Practice and Remedies Code Section 16.003(b) prescribe this period.
However, the clock doesn't start ticking at the accident date. Time starts counting from when the motorcycle accident victim died. Similarly, if the bereaved family doesn't claim until after two years, they'll be barred from instituting the suit subsequently.
If you survive motorcycle collisions, you can recover financial compensation from the fault driver. An experienced motorcycle accident lawyer can help you get fair compensation for all types of injuries and property damage.
Calhoun Meredith personal injury attorneys have decades of experience in motorcycle accident claims. We can bring this wealth of knowledge to bear on your case. Therefore, it would be best to call our law office today for a consultation.