Many people own motorcycles and enjoy riding them on days when the weather is warm and beautiful. They’re convenient for navigating heavy traffic and a lot of fun to operate. Unfortunately, they’re also dangerous and can cause severe injuries in accidents. At Lowenberg Law Firm, we know the devastation motorcycle accidents can cause and the long recovery you might face after being involved in one. You might be entitled to compensation if another driver was at fault for the collision.
Lowenberg Law Firm is familiar with motor vehicle accident cases. We’ve been representing clients like you for over two decades. Our experience and knowledge allow us to build a solid case and handle the legal process successfully. When you hire one of our Houston motorcycle accident attorneys, we will start investigating the crash to determine the cause and who we can hold liable. We have the resources to gather all the necessary evidence and prove another driver’s actions caused your injuries.
Accidents involving motorcycles are often violent and traumatic experiences. In 2019, 5,014 motorcyclists were killed in accidents. The most deadly time of day was between 6 and 9 p.m., followed by 3 to 6 p.m. Although it’s possible to walk away from a collision uninjured, most people suffer severe or debilitating injuries.
At Lowenberg Law Firm, we take cases like this seriously. We understand the uphill battle you face and how painful the recovery time can be. We aim to resolve your matter favorably so you receive the money you need to afford your medical treatment and other expenses. Do not hesitate to contact us at (832) 241-6000 for a free consultation and learn more about our services.
Why Choose Lowenberg Law Firm?
Lowenberg Law Firm understands the struggle of dealing with a motorcycle accident. When you’re taking time off from work to attend your doctor’s appointments and focus on healing, you don’t have time to put effort into a case. That’s where we come in. We can take the burden off your shoulders so you can focus solely on your medical treatment. You need to take care of yourself and get your life back on track.
We dedicate our time, attention, and resources to providing dependable customer service for our clients. We will communicate with you throughout your case and be here to help you get through this devastating period in your life. We can advocate for your rights and help you seek the justice you deserve. You will be our priority and receive the support and guidance you need.
Our Houston motorcycle accident attorneys can take your case on contingency, so you’re not forced to pay any upfront fees or costs. We know you might have trouble affording your bills and don’t want to add more economic strain to your life. If we can recover compensation for you, we will collect our legal fees. Otherwise, you won’t have to pay us.
What You Should Do if You’re in a Motorcycle Accident
The steps you choose to follow after a motorcycle crash can determine the outcome of your case. If you wait too long to initiate a lawsuit, you might miss a critical deadline. If you don’t seek treatment for your injuries, you won’t have medical evidence to support your claim. You probably incurred various costs from the accident, such as surgery, imaging tests, vehicle repairs, and out-of-pocket expenses. The at-fault party should be responsible for paying these if they were entirely to blame for your injury.
Whether your injury is minor or severe, the first thing you should do is seek medical attention. Go to the hospital after leaving the accident scene so a doctor can evaluate your injuries. They should provide a diagnosis and recommend a specific treatment plan for your recovery. It’s critical that you follow their orders and continue attending your appointments until your medical providers release you from their care.
You will need to hire a lawyer to represent you in your case. You could attempt to handle your case alone, but you will likely end up with inadequate compensation. Insurance companies try to avoid paying large settlements so they can save money. If you don’t have an experienced legal team handling the negotiations, the representative handling your claim could intimidate you into accepting whatever lowball offer they make. Lowenberg Law Firm knows the tactics used by insurance companies and can aggressively pursue the maximum settlement available.
Keep any evidence you have from the accident. If you were able to take pictures of the crash site or your visible injuries, don’t throw them out. Hold on to any personal property damaged in the accident, such as a cell phone or expensive watch. You should also maintain copies of your medical records and bills. Evidence is necessary in cases like this to prove what happened and who is to blame.
You should avoid saying or doing something that could negatively impact the outcome of your case. Examples of actions to be aware of include:
- Don’t talk to the insurance company. Even if they contact you to discuss the crash, give them your lawyer’s contact information. If you speak with them, you could say something that they can use against you to disprove the severity of your injury or deny your claim.
- Don’t use your social media accounts. It would be best to avoid posting on Facebook, Twitter, and other social media platforms during your ongoing case. Defense attorneys and insurance companies can access public accounts and look for evidence they can use against you.
- Don’t sign anything from the insurance adjuster. The assigned claims adjuster might send various documents for you to complete and sign. They could request authorization to obtain copies of your medical records or a waiver that releases them from liability for the accident. If you don’t understand what you’re reading, you could sign without realizing you might be giving up certain rights.
- Don’t skip your doctor’s appointments. If you have an appointment related to the treatment of your injury, don’t skip it. A gap in treatment might indicate that your injury isn’t that serious or doesn’t even exist. If insurance companies see inconsistent treatment dates, they might deny your claim.
- Don’t accept a settlement without consulting a lawyer. Contact Lowenberg Law Firm for representation so we can handle the settlement negotiations. The first offer typically isn’t the maximum available insurance coverage. If you’re unfamiliar with the claims process, you might accept any offer you get without realizing you might have received more money with the help of an attorney.
- Don’t discuss details with the investigating officer. An officer might arrive at the scene to investigate and determine who was at fault. You can provide your name, contact information, and insurance information. You can even inform them that you believe someone else caused the crash. However, don’t offer unnecessary details. Even if you think your actions might have contributed to the accident, don’t admit it to anyone. Your words could ruin your chance of securing significant compensation in your case.
Lowenberg Law Firm is here to walk you through each step of the process, so you understand state laws and what to expect. Motorcycle accident cases can be complicated, time-consuming, and confusing. You shouldn’t face the negligent driver or their insurance company alone. We will provide the personalized service you need, so you receive the money you’re owed.
Handling an Accident Investigation
Leave the investigation to Lowenberg Law Firm. It’s not as straightforward as you might think. You probably don’t know where to locate vital evidence or how to prove fault in a motorcycle accident. There are multiple laws that could limit your ability to hold the at-fault driver liable, especially if you don’t know the deadlines you must follow.
Our Houston motorcycle accident attorneys can take on the responsibility of an investigation and gather the evidence we need to show an insurance company or jury that you deserve compensation for your injuries. Depending on the circumstances of your case, we might obtain:
- Statements from eyewitnesses
- Traffic camera footage
- Copies of your hospitalization records, physical therapy notes, physician bills, surgical reports, and other medical records
- Copies of all medical bills, lost wages, out of pocket costs, and documentation of other financial losses
- Police reports
- Estimates for necessary repairs to all vehicles involved in the collision
- Pictures and other evidence from the accident scene
- Copies of the at-fault driver’s insurance policy
- Documentation of traffic signs, road defects, and any hazards existing at the time of the crash
After determining who caused the accident and obtaining evidence to prove your case, we can start negotiating with the insurance company for a full and fair settlement. If they don’t want to settle for the amount we believe you deserve or decide to deny the claim, we can file a lawsuit and take them to court.
Common Types of Motorcycle Accidents
Motorcyclists face many dangers whenever they take their bikes out on the road. They’re traveling near cars, trucks, and other motorcycles. You can encounter poor road conditions, adverse weather, or reckless drivers. Multiple scenarios can lead to an accident involving a motorcycle. The most common types that occur are:
- T-bone accidents – Another driver could run a red light and crash into the side of your motorcycle. Intersections are common areas for accidents like this. When someone fails to yield the right of way or disobeys a traffic sign, you could end up in their path.
- Left-turn accidents – Anyone making a left-hand turn must look for approaching traffic. Proceeding without thoroughly monitoring the road can result in a crash with an oncoming motorcyclist.
- Lane splitting – Lane splitting is illegal in Texas, but it doesn’t stop some motorcyclists from doing it anyway. This involves riding between two lanes of vehicles along the centerline. An inattentive driver might not notice someone traveling next to them and change lanes, sideswiping the motorcyclist in the process.
- Head-on accidents – A head-on collision with a motorcycle can have fatal consequences for the rider. When a motorcyclist crashes head-on into a car or truck, their body takes the full force of the impact. They could die instantly, suffer brain injuries, become a projectile themselves, or become impaled by flying debris.
- Rear-end collisions – Following any vehicle too closely, particularly a motorcycle, places the riders and vehicle’s occupants at risk of harm. When there isn’t much space between a car and motorcycle, the driver won’t have enough time to come to a complete stop and avoid an accident.
- Dooring – Someone exiting their parked vehicle should look behind them for anyone headed in their direction. If they don’t take this necessary precaution, they could open their car door in the path of a motorcyclist.
- Parking lot accidents – Many people don’t consider the risk they take when they speed through a parking lot or back out of a space without checking for anyone behind them. Some aren’t even looking for motorcyclists. They might only check for passing vehicles.
Despite the type of motorcycle accident that happened, you deserve to hold the negligent driver accountable. They should face the consequences of their actions and compensate you for your losses.
Common Causes of Motorcycle Accidents
Some motorists don’t pay attention to the task at hand. They become distracted by their cell phones, dwell on an upsetting situation, or reach for something in the back seat. Anything that redirects someone’s hands, eyes, or focus to something other than driving is dangerous.
Even though state laws and campaigns for motorcycle safety aim to prevent tragic accidents, it’s almost impossible to avoid hazards on a bike. Riding a motorcycle instantly puts you at an increased risk of injury or death in a collision. Many people don’t understand how dangerous it is to ignore passing riders or fail to check for someone in their blind spots.
The most common causes of motorcycle accidents include:
- Defective parts – Manufacturers are responsible for providing parts for vehicles that don’t contain defects. Operating a motorcycle, car, or truck with a defective part could result in a malfunctioning braking or steering system. The driver could lose control and collide with a nearby motorcyclist.
- Speeding – Speed limits are in place for a reason. They help manage the flow of traffic and prevent drivers from traveling faster than necessary. Unfortunately, high-speed accidents are catastrophic and often lead to fatalities. In 2019, 9,478 people died in accidents involving speeding.
- Driving under the influence – Alcohol, narcotics, and even prescription medications can impair driving abilities. They can cause drowsiness, slower reaction time, reduced motor function, and poor decision-making skills.
- Tailgating – Driving too closely behind any motor vehicle prevents the driver from slowing down or stopping if necessary to avoid a collision. Tailgating a motorcycle can severely injure the rider if there’s an accident. The rider could get ejected from their bike and land on the hard pavement or get run over by another vehicle.
- Distracted driving – Distractions commonly cause collisions between various types of vehicles. Drivers should always stay focused on their surroundings and avoid anything that takes their hands off the wheel or their eyes off the road. According to statistics from the National Highway Traffic Safety Administration, distracted driving caused 3,142 deaths in 2019.
- Road rage – You might be guilty of road rage. Maybe you honked your horn or gestured to a driver that cut you off. Behaviors like this are forms of distraction and prevent people from paying attention to what’s happening around them.
- Driving while tired – Fatigued or drowsy driving causes the same type of effects as drunk driving. A driver could experience altered sensory perception, impaired motor skills, reduced reaction time, and loss of consciousness.
- Disobeying signs and signals – Traffic lights, yield signs, and turning signals are necessary for drivers, pedestrians, bicyclists, and motorcyclists to know what to do in certain situations. Running a stop sign or entering an intersection without taking cues from the signs and signals could result in a crash.
These contributing factors can cause motorcycle accidents, injuring the rider and other people. When you encounter a careless or inattentive driver, you can’t do much to control what happens. If you end up in an accident, you can suffer serious injuries, damage your bike, and end up with expenses you can’t afford. Some people face years of treatment or lifelong consequences from a permanent injury. The financial responsibility of your losses shouldn’t be your burden to bear if your actions didn’t contribute to the crash.
Common Injuries in Motorcycle Accidents
You put yourself at risk of harm every time you decide to ride your motorcycle. If you end up in an accident, the only thing protecting you is a helmet. You don’t have an airbag or a seatbelt to soften the blow of a collision or keep you restrained to your bike.
Your body experiences extreme forces during a collision with another vehicle. You come to a sudden stop and then suffer injuries from contact with the motorcycle, another vehicle, the pavement, or a stationary object. Most people require emergency care following a motorcycle crash because injuries are extensive and life-threatening.
The most common injuries associated with motorcycle accidents are:
- Broken bones
- Road rash
- Concussion or traumatic brain injury
- Dislocated joints
- Torn muscles, tissue, and tendons
- Nerve damage
- Loss of limb or amputation
- Paraplegia or quadriplegia
- Spinal cord and back injuries
- Internal bleeding
- Significant scarring or disfigurement
- Permanent disability
- Cuts and bruises
- Facial and dental fractures
Unfortunately, some collisions involving motorcycles are fatal to the rider. The body can’t handle the violent impact and instantly suffers catastrophic harm. If you’re lucky enough to survive the crash, you might face a new normal while coping with a permanent disability or learning to walk again after losing a limb.
No matter what type of injury you sustained, you shouldn’t have to manage additional burdens while attempting to heal. You could face crushing debt from the bills you’re receiving from attending rehabilitation appointments, buying assistive medical devices, or constructing a wheelchair ramp and other accessible structures at your home. Another person should accept liability for these expenses if their negligence caused the accident.
Compensation You Might Be Able to Recover
The amount of money you deserve in a motorcycle accident case will depend on multiple factors. Typically, someone with a severe injury receives higher compensation than an accident victim suffering from minor cuts and bruises.
Determining the value of your case will require a review of your total losses and the circumstances of the accident. When you pursue compensation from the at-fault driver, you could recover the monetary value of the losses you suffered, such as:
- Mental anguish
- Lost wages
- Lost earning capacity
- Medical bills
- Physical impairment or disfigurement
- Property damage
- Loss of household services
- Pain and suffering
The fault system determines financial responsibility after an accident. If someone else caused your injuries, they could be held liable for your resulting losses. However, they don’t necessarily have to reach into their own pockets for the money you need. You could file a claim with their car insurance company.
State laws require that every driver must be able to show they can pay for any accidents they cause. Most drivers carry liability coverage to accomplish this. Auto insurance in Texas must carry minimum limits of:
- $30,000 for injuries per person
- $60,000 for injuries per accident
- $25,000 for property damage
In a lawsuit, you could also seek exemplary damages based on the defendant’s actions. Instead of compensating you for your losses, these damages punish the at-fault party for their wrongdoings. You must provide the jury with clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence to receive this monetary award.
Circumstances involving the death of a motorcyclist could allow you to file a wrongful death lawsuit. If your loved one died in a motorcycle accident, you could seek compensation for losses related to their death, such as:
- Lost inheritance, including the amount the deceased could have saved and left to you and your family if they survived the crash
- Lost earning capacity
- Mental pain and anguish experienced by surviving relatives
- Loss of services, advice, care, maintenance, counsel, and support
- Lost companionship, society, comfort, and love
The Houston motorcycle accident attorneys of Lowenberg Law Firm will review your total losses and calculate an appropriate number to demand in an insurance claim or lawsuit. We understand the importance of securing the highest possible compensation to avoid paying any of the accident-related costs yourself.
Statute of Limitations in Texas
When you’re preparing for a lawsuit, you must file your case with the court within a specific timeframe set by the statute of limitations. The statute of limitations for motorcycle accidents is two years in Texas. That means you have two years from the date of the crash to initiate your lawsuit if you want to seek compensation from the at-fault party.
One exception could delay the deadline. If you were under a legal disability when the accident occurred, you could extend the two-year statute and wait to file your lawsuit within two years after you no longer have a legal disability. A legal disability means you’re under 18 years old or of unsound mind.
Motorcycle Accident Frequently Asked Questions
At Lowenberg Law Firm, we understand your hesitation to pursue a case. You might think it’s too much of a hassle, or you won’t receive much money because your injury is minor. However, taking the time to seek compensation after an accident is an excellent decision. Although it might seem like too much of a responsibility, we make sure to take over the process, so you don’t have to work on the case yourself.
You probably have questions regarding what you’re about to face and the potential obstacles you could encounter. We’re here to answer those questions so you feel comfortable with what’s to come and can prepare yourself for various circumstances and unforeseen issues.
Although lane splitting is illegal in Texas, you might be able to recover money if another person’s actions also contributed to the accident. However, you could end up with less compensation due to your shared fault. Under proportionate responsibility, a jury can diminish your losses by the percentage of fault you share for the crash. For example, if you have $100,000 in losses but were 20 percent to blame for your injury, you could only receive up to $80,000. If you share more than 50 percent of the fault, you won’t receive any amount of money.
If the at-fault driver doesn’t have liability coverage, you could file a claim with your insurance company. Uninsured/underinsured motorist (UM) is available when the at-fault driver doesn’t have insurance or high enough limits to compensate for an injured victim’s total losses. If you have UM coverage on your policy, you could file a claim to recoup your medical expenses and property damage costs. Depending on the carrier you use, you might also be able to seek compensation for your lost wages and pain and suffering.
You can only file a lawsuit against a governmental entity if their employee was carrying out their job duties at the time of the accident. They would be liable for losses if they were a private citizen.
Contact Us
Lowenberg Law Firm will work to protect your rights and fight for the maximum compensation you deserve. We have the experience to handle the most complex cases and create the appropriate legal strategy to achieve your goals. You can feel confident knowing you’re in skilled and capable hands when you hire us.
If you suffered injuries in a motorcycle accident in Houston, call us at (832) 241-6000 to speak with one of our Houston motorcycle accident attorneys today.