Texas’ motorcycle accident laws are designed to protect riders and keep roads in cities like Houston safe for everyone who uses them. These laws also have a huge influence on legal claims stemming from motorcycle accidents.
With that in mind, here’s what you need to know if you have been hurt while riding in Houston and plan to file a motorcycle accident lawsuit:
Texas Motorcycle Accident Law Basics
In Texas, motorcycles are subject to many of the same laws as traditional motor vehicles.
While riding, you must use lanes properly and adhere to right-of-way requirements. Splitting lanes is illegal, as is speeding and ignoring traffic control devices (i.e., running red lights or stop signs). You will also need a motorcycle endorsement or license to legally ride a motorcycle on public roads, and if you (or a passenger of yours) are under 21, you must wear a helmet.
If the at-fault party argues that you’ve violated any of these laws, it could affect your ability to recover compensation. Working with a Houston motorcycle accident attorney can help you navigate these challenges and ensure you can work toward the full compensation value you deserve.
Common Causes of Motorcycle Accidents in Houston
Some of the most common causes of motorcycle crashes in Houston include the following:
- Distracted Driving: Drivers who use their phones or engage in other distractors may not see riders ahead of them
- Failure to Yield: Cars turning left at intersections may not yield to oncoming motorcycles
- Speeding and Reckless Driving: High speeds reduce reaction times and increase the severity of crashes
- Impaired Driving: Driving under the influence poses a major risk to riders (and other drivers)
- Poor Road Conditions: Potholes or debris can cause riders to lose control
- Bad Weather: Rain reduces visibility and makes roads slick, both of which can increase the risk of a crash
- Lane Splitting: Some motorcyclists attempt lane splitting, which can result in accidents
The first step to filing a claim following a Houston motorcycle accident involves understanding the cause of your crash, as that will help define who is liable. For example, if poor road conditions contributed to your accident, the city may be held responsible.
How to Prove Fault in a Motorcycle Accident Claim
Proving who was at fault is critical to the outcome of any motorcycle accident lawsuit. An experienced attorney will use the following resources and evidence to determine a party’s liability and support your claim for compensation:
- Police Reports: Law enforcement crash reports provide important details about the accident
- Eyewitness Testimonies: Statements from bystanders can support your claim
- Accident Scene Evidence: Photos, videos, and skid marks can help reconstruct what happened
- Medical Records: Documentation of your injuries proves the extent of your damages
- Expert Witnesses: Accident reconstruction specialists, for instance, can provide insights about what happened and who caused the crash
All of these resources provide important details about your accident. Your personal injury lawyer will use the evidence each provides to estimate the value of your claim and seek fair compensation.
The Impact of Texas Motorcycle Laws on Your Claim
While motorcycle accident laws greatly influence your claim, they aren’t the only regulations you need to know. In fact, one of the most impactful Texas laws regarding vehicular accidents is the proportionate responsibility rule, which allows injured parties to seek compensation, even if they contributed to their accident. However, they must be 50% or less at fault for the crash to be eligible for such compensation.
An experienced motorcycle crash attorney can help you contest allegations of fault and protect your right to compensation. In the event that the other party insists that you contributed to the crash, your lawyer may take the case to trial to overcome the allegations.
Seeking Optimal Compensation for Injuries and Damages
Filing a claim for a Houston motorcycle accident gives you an opportunity to seek compensation from the negligent party that covers the following damages:
- Medical Bills: The costs of surgeries, rehab, ongoing treatment, prescriptions, and hospital stays
- Lost Income: If you are unable to work due to your injuries, you may receive compensation to offset your lost wages
- Pain and Suffering: Amounts for the physical and emotional trauma of your crash
- Property Damage: Repairs or replaces your motorcycle
- Future Expenses: Long-term medical care or lost earning potential due to a long-term or permanent disability
Insurance companies want to pay you as little as possible, which often means that negotiating with them on your own can be challenging. An experienced personal injury lawyer will advocate for your rights and seek fair compensation on your behalf.
FAQ
How Long Will It Take to Settle My Case?
Every case is unique. Clear-cut claims may be resolved in several weeks to a few months, while more complex incidents that involve multiple parties or allegations of shared fault can take much longer to resolve. The key is to speak with an attorney as soon as possible so they can begin gathering evidence and conducting negotiations.
How Much Does It Cost to Hire a Motorcycle Accident Attorney?
Ramsey Law Group offers free consultations for all motorcycle accident victims and also bills on a contingency basis. Our clients do not owe Ramsey Law Group any legal fees unless we win their cases.
Will My Case Go to Trial?
Most personal injury claims are settled during negotiations and never go to court. Nevertheless, your attorney may recommend taking your case to trial if the other party refuses to negotiate in good faith or offers a lowball settlement.
Let Ramsey Law Group Represent You!
Picking up the pieces after a motorcycle accident is incredibly stressful and challenging, but you don’t have to navigate the journey alone. Ramsey Law Group has a winning track record and is here to stand up for your rights as you seek fair compensation. Contact our legal team today to schedule a free consultation.