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Given that riders only have minimal protections on a bike, motorcycle accidents tend to cause severe and catastrophic injuries. Motorcycles lack the protective frame, seatbelts, and airbags that cars have; riders are at the mercy of gravity, inertia, and momentum when they collide with another object. Per mile traveled in 2014, motorcyclists were killed in accidents 27 times as often as occupants of cars, according to the Insurance Institute for Highway Safety (IIHS).
If you or a loved one was recently hurt in motorcycle accident, a motorcycle accident lawyer in Austin at Lovins Trosclair can help with your legal concerns. We can assist with filing a claim or lawsuit and pursue the compensation to which you and your family are entitled. Call our office today at 512-535-1649 for a free consultation.
What factors commonly contribute to motorcycle accidents?
Dozens of factors can contribute to motorcycle accidents. Inclement weather, lack of experience riding a motorcycle, lane-splitting, and even defective motorcycles and poorly designed roads can increase the risk of crashing.
With the cases we handle at Lovins Trosclair we find that driver negligence causes a large percentage of motorcycle accidents.
Many times, a lack of visibility is the issue. Drivers fail to see motorcycles on the road, due, in part, to distraction or a simple failure to look carefully at their surroundings.
“Motorcyclists have all the same rights and privileges as any motor vehicle driver on the roadway. This means they are entitled to their space on the road, no matter the size of their ride. Drivers of all other vehicles are reminded to ‘share the road’ with motorcyclists, and to be extra alert to keep motorcyclists safe,” explains the USDOT.
Other ways drivers act negligently and contribute to motorcycle accidents include:
- Changing lanes without checking blind spots or signaling
- Driving while under the influence
- Texting and driving or engaging in other distractions that take their eyes/mind off of driving
How does insurance work after a motorcycle accident in Texas?
An insurance claim following a motorcycle accident is no different from an insurance claim following a car accident. If the driver of the vehicle that hit you was at fault and has insurance, you are able to seek recovery against that person’s insurance policy for your medical bills, lost wages, pain and suffering, and other damages you sustained in the wreck, as described in greater detail below.
The biggest hurdle following a motorcycle accident is that the insurance company will assume you were acting recklessly while operating your motorcycle and that was the true cause of the wreck. So, they will fight as hard as they can to make sure they pay you as little as possible, if anything. That is why hiring a qualified attorney immediately following a motorcycle accident is important. Our Austin attorneys have handled numerous motorcycle insurance claims. We know the insurance games, and we know how to beat them.
Note: If you drive a motorcycle, it is extra important that you purchase PIP and UIM/UM insurance to best protect yourself. Injuries following a motorcycle accident are often severe, including brain injuries, spinal injuries, and loss of limbs. If the driver who hit you only has minimum policy limits of $30,000, you might find yourself overwhelmed with medical bills. PIP and UIM/UM coverage is affordable and can provide you with the extra protection you might need in the event of a catastrophic accident. Also, while PIP and UIM/UM coverages are optional coverages in Texas, you are entitled to these coverages unless you explicitly reject them in writing.
How do I prove the driver’s fault and liability?
Sometimes, fault is pretty clear-cut in an accident. If a car rear ended and ran over the rider, it is almost a given that the driver will be liable. However, proving negligence can get much more challenging with some cases. There are several types of evidence that can be very helpful when proving your case. This may include:
- Eyewitness reports
- Video of the accident, such as from a street cam
- The police report
- Testimony from an accident specialist who can reconstruct the scene and determine the cause
- Other evidence that may indicate fault, e.g., the driver’s cell phone records, blood alcohol content test results, etc.
Not only do you have to show the court or insurer that the driver was at fault, but you have to be prepared to defend yourself should the other party try to pin some or all of the blame on you.
Our team at Lovins Trosclair can help. When we take on your case, we will investigate the accident and stockpile as much evidence as possible. When it is time to head to the negotiation table or court room, we will go in well-prepared with supportive evidence and advocate for your best interests.
What types of damages can I collect?
When you file a personal injury case for a motorcycle accident, you can obtain compensation for most of your injury-related losses, both financial and emotional. Below are just some of the things for which you can receive compensation:
- Current and future medical bills, including hospitalization, surgeries, prosthetics and assistive devices, prescriptions, follow-ups, and in-home nursing care
- Rehabilitation and physical therapy
- Loss of wages, loss of work benefits and perks, disability
- Disfigurement and scarring
- Mental anguish
- Pain and suffering, anxiety and depression, post-traumatic stress disorder, etc.
- Reduced quality of life
- Death benefits (in fatal cases)
How can Lovins Trosclair motorcycle accident lawyers help with my case?
Our motorcycle accident lawyers in Austin can facilitate all aspects of your case, from collecting evidence and filing an insurance claim to negotiating for a higher settlement or litigating your case in court. We are a full-service firm, so we can assist with many of the miscellaneous tasks you may need help with, such as renting a car, gathering paperwork for your claim, and getting your doctors to work with you on pricing until your case resolves.
We care very much about our clients’ plights and understand the emotional, physical, and financial burden a serious motorcycle wreck can cause. The main goal of our practice is to help individuals and families hold negligent parties liable for their actions.
Our lawyers work diligently to secure the most funds possible for our clients so that healing — and not money — is their main concern as they are trying to recuperate.
Call Lovins Trosclair today at 512-535-1649 to request a free case evaluation.