Motorcycle accidents often result in far more severe injuries than typical car accidents. This is due to the lack of protection a rider has compared to a vehicle occupant. When considering the average motorcycle accident settlementย in Texas, because of often significant injuries, medical bills, lost wages, and other expenses, the costs quickly add up.
If youโve been injured in a Texasย motorcycleย accident caused by another driverโs negligence, you might be wondering what sort of compensation you could be entitled to. While no two cases are identical, understanding average settlement amounts in Texas can help you get a general idea of the value of your potential claim.
This article will examine the factors that influence average motorcycle accident settlements in Texas and why they often result in higher settlements than those for car accidents. If you were injured in a motorcycle accident in Houston, call our experienced motorcycle accident attorney in Houston for help.
Average Motorcycle Accident Settlement in Texas
Motorcycle accidents in Houston, TX, can lead to devastating injuries and substantial financial losses. While settlement amounts vary significantly based on individual circumstances, they can range from thousands of dollars to millions in severe cases.
Factors like the extent of your injuries, the other driverโs degree of fault, and available insurance coverage all play a crucial role in determining the value of your claim.
Who Pays for the Damages?
Texas is an At-Fault State. This means the person (or their insurance company) responsible for causing the accident is financially liable for the resulting damages. Their auto liability insurance typically covers these damages up to their policy limits.
- The At-Fault Driverโs Insurance. In most cases, most of the compensation for a motorcycle accident victim comes from the at-fault driverโs insurance company. This includes property damage (repairs/replacement of the motorcycle), medical bills, lost wages, and pain and suffering.
- The Riderโs Own Insurance. Texas riders sometimes carry these optional coverages, which can offer additional compensation:
- Underinsured/Uninsured Motorist Coverage (UM/UIM). It protects you if the at-fault driver has insufficient or no insurance.
- Personal Injury Protection (PIP). It covers some of your medical costs and lost wages regardless of fault.
- Out-of-Pocket. If the damages and expenses exceed the available insurance coverage, the victim may be left to pay the remaining costs out of pocket.
- Lawsuits. When insurance cannot sufficiently cover the damages, the victim may file a lawsuit against the at-fault driver for additional compensation.
Read More: A Guide to Texas Motorcycle Laws
Types of Damages You Can Collect From a Motorcycle Accident Settlement
- Economic Damages:ย These are losses with directly calculable financial costs. They include:
- Medical Expenses:ย All past and reasonably expected future medical costs related to the accident (hospitalizations, surgeries, rehabilitation, medications, assistive devices, ongoing care).
- Lost Wages:ย Income lost due to being unable to work while recovering from your injuries.
- Loss of Earning Capacity:ย Compensation if the accident leaves you with a disability that permanently reduces your ability to earn income.
- Property Damage:ย The cost to repair or replace your motorcycle and any other personal property damaged in the crash.
- Non-Economic Damages:ย Losses that are more difficult to quantify financially, but represent real harm. These include:
- Pain and Suffering:ย Physical pain, emotional distress, and mental anguish resulting from the accident and your injuries.
- Loss of Enjoyment of Life:ย If your injuries prevent you from engaging in hobbies or activities you previously enjoyed.
- Loss of Consortium:ย May be awarded to your spouse for the impact your injuries have on your relationship, such as lost companionship or intimacy.
- Punitive Damages:ย These are rare but sometimes awarded by the court in cases where the at-fault driverโs behavior was intentionally malicious or extremely reckless. They are intended to punish and deter future misconduct.
Determining the average settlement for a Texas motorcycle accident isnโt about finding a single number. Every case is unique, with factors such as injury severity, the other driverโs negligence, and insurance limits significantly influencing the outcome. While average settlement amounts serve as a starting point, the best way to gauge the potential value of your motorcycle accident claim is to speak with a qualified attorney.
What Causes Motorcycle Crashes?
The most common types of motorcycle crashes involve the following situations:
- Lane-change accidents.
- Failing to yield the right-of-way.
- Turning in front of the motorcycle.
Most of these accidents are caused by the other vehicleโs driver simply not seeing the motorcycle in time to avoid an accident.ย The situation worsens at night. ย
Safety experts recommend that motorcyclists use additional lighting on the motorcycle and wear brightly colored clothing when riding.ย But even with these precautions, motorcycles are still hard to see at night.
How Much are Settlements?
The settlement amount depends on three factors: (1) Liability, (2) Damages, and (3) Available insurance.
Liability
Texas is a โproportionate responsibilityโ state, meaning that liability for an accident is determined by the degree of fault. ย The more faults attributed to a person or company, the higher their responsibility for the damages. ย If the liability is crystal clear and undisputed, that factor can be disregarded in the analysis of aย settlementย amount.
Damages
Motorcycle accidents tend to result in more serious personal injuries because the biker lacks the added protection of a vehicle. ย The amount of damage depends on the exact injuries sustained in the accident. ย The best evidence of the value of those injuries comes from the medical records and the testimony of the riderโs treating physicians.
Future medical limitations and expenses are also factored into settlement discussions. ย In other words, if you require future medical care because of the accident, that future care should also be considered in a settlement.
The more serious the injury and the extent of necessary treatment, the higher the damages.ย Likewise, if a person is permanently incapacitated, the damages can be astronomical. ย Damages for human losses should be substantially higher than the cost of the medical care itself.
Insurance Coverage
The available insurance coverage can limit damages in the most severe motorcycle crashes. ย In Texas, the minimum coverage is $30,000, and many drivers do not even carry insurance.ย Even the most severeย catastrophic injuryย damages or a wrongful death claim can be limited when there is no insurance coverage to pay the damages.
If there is more than one victim of aย motorcycle crash how the settlement money is dividedย will impact the bottom-line number in some instances.
The best way to understand the value of a personal injury case from a motorcycle crash is to speak with a leadingย motorcycle accident lawyer.
Steps to Take After an Accident on a Motorcycle
We recommend the followingย steps to begin a motorcycle personal injury claim:
- No Statements
Avoid giving any recorded statements to the adjuster for the at-fault driver. ย Insurance adjusters are well-trained in asking questions designed to give them a defense to your claims. This is a situation of โwhat you say will be used against you.โ ย Always consult a leadingย motorcycle accident attorneyย before considering communications with the at-fault driverโs insurance company.ย Most reputable attorneys offer free consultations, and we recommend taking advantage of this service.
- Keep a Record
Keeping a record of your medical treatment is helpful and necessary to track your medical expenses and maintain accurate medical records for evaluating your case.
If there are witnesses or other evidence, take immediate steps to preserve that evidence.ย Write down the names and contact information of any witnesses, as well as any medical providers or emergency personnel.ย Obtain photographs and documentation from the investigating officers when possible.
- Talk with the Best Lawyer
Contact the best motorcycle accident lawyer in the county where the accident occurred and do so sooner rather than later.ย The general rule is that the more serious the injury, the more you need the best personal injury attorney.
How Long Does an Injury Case Take?
A motorcycle accident can lead to personal injury cases that last from six months to a few years. The time frame depends on how far the case has progressed and whether a lawsuit is necessary to secure a fair settlement. ย
The more serious the injury, the more time your claim will take if there is substantial insurance coverage by the at-fault driver or if you have uninsured and underinsured coverage on the motorcycle.
What if I Was Partly at Fault?
Perhaps.ย Texas is a โproportionate responsibilityโ state, meaning you can collect damages if you are less than 51% at fault for the crash. ย If a judge or a jury determines that you were more than 50% at fault in Texas, you will be barred from collecting damages.
In severe injury cases, you can expect the attorney for the at-fault driver to come up with reasons why you might be partly at fault. ย A skilledย motorcycle accident attorneyย should be able to rebut those accusations if they are not valid.
What if I were not wearing a Helmet?
If you were not wearing a helmet at the time of the accident, it may or may not impact the damages you may collect. If you have a serious leg injury that requires surgery, not wearing a helmet should not be a factor. The leg injury and the helmet are unrelated.
If, however, you suffered a traumaticย brain injuryย that could have been reduced or potentially eliminated with the use of a helmet, not having a helmet on at the time of the crash will be a major issue in the case.
How Much is a Fair Settlement?
The best way to analyze a fair settlement is to talk to a qualified attorney. Look for someone with a proven track record of securing compensation from insurance companies for serious injuries. You need to consider three factors: liability, damages, and the ability to pay. These will help you decide a fair amount for your case.
For instance, letโs assume that John was riding his motorcycle and another driver turned in front of him, causing the crash.ย Nothing John could have done would have prevented the accident. ย Liability would be clear in this case, and the otherย driver probably received a ticket.
A fair settlement for a crash depends on how badly John is hurt. It also depends on how much insurance coverage is available to pay for those damages.ย ย John might be seriously hurt. If the insurance coverage is limited, a fair settlement could be the coverage limit.
Alternatively, John might have been lucky and received minor injuries, which required a trip to the emergency room and very little follow-up, if any.ย In this case, a fair settlement would look at medical costs, lost wages, and other damages. It would also consider how long it took John to return to normal.
How do I find the Best Motorcycle Accident Attorney Near Me?
The best way to find aย motorcycle accidentย lawyer is to research their skills and experience. Look for their training and past work with serious motorcycle injury cases.ย The more experienced, the better.
Also, understand who will handle your case before you sign a contract with a law firm.ย You do not want an inexperienced associate handling your case and learning on the job. ย Having a legal firm partner watch over the case is not the same as having them manage it. The settlement value will likely show this difference.
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Contact a Top-Rated Motorcycle Crash Attorney in Houston for Help
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
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6711 Cypress Creek Pkwyย
Houston, TX, 77069
