The moments following a motorcycle accident are overwhelming, but the steps you take are critical to an insurance claim.
In most motorcycle accidents, another driver is at fault. Although drivers of other vehicles often blame motorcyclists for being reckless or careless on the road, data proves otherwise. Most motorcycle accidents happen because of a car or truck driver’s negligent actions.
Head or traumatic brain injuries (TBIs) are the most common injury suffered in motorcycle accidents. Even if a motorcyclist or passenger is wearing a helmet, a TBI can still occur when their head hits the ground or comes into contact with another object. Brain injuries can range from mild to severe, causing varying degrees of impairments depending on the location of the damage and severity.
Yes, you can still recover compensation if you hold part of the blame for your motorcycle accident, as long as you are less than 51% responsible. Texas courts follow a modified comparative negligence rule. Under this law, each party involved can recover compensation, but their percentage of fault will reduce it. For example, if you are awarded $100,000 and found 30% at fault, you will only receive 70% of your award, or $70,000, but if you are found 51% at fault, you will not receive any compensation.
Most motorcycle accident lawyers in Texas accept cases on a contingency fee basis. This means an attorney will advance any costs related to your claim, and you are only responsible for paying legal fees if you win. If there is a settlement or award, a motorcycle accident lawyer generally takes 25 to 40 percent for their services.