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. Because of these, often significant injuries, medical bills, lost wages, and other expenses stack up quickly.
If you’ve been injured in a Texas motorcycle accident caused by another driver’s 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 discuss the factors that impact motorcycle accident settlements and why they tend to be higher than those for car accidents.
Average Settlement for a Motorcycle Accident 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 driver’s 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 Driver’s Insurance. In most cases, most of the compensation for a motorcycle accident victim comes from the at-fault driver’s insurance company. This includes property damage (repairs/replacement of the motorcycle), medical bills, lost wages, and pain and suffering.
- The Rider’s 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 Can You Collect From a Motorcycle Accident Settlement
- Economic Damages: These are losses with directly calculable financial costs. They include:
- Medical Expenses: All past and reasonably expected future medical costs related to the accident (hospitalizations, surgeries, rehabilitation, medications, assistive devices, ongoing care).
- Lost Wages: Income lost due to being unable to work while recovering from your injuries.
- Loss of Earning Capacity: Compensation if the accident leaves you with a disability that permanently reduces your ability to earn income.
- Property Damage: The cost to repair or replace your motorcycle and any other personal property damaged in the crash.
- Non-Economic Damages: Losses that are more difficult to quantify financially, but represent real harm. These include:
- Pain and Suffering: Physical pain, emotional distress, and mental anguish resulting from the accident and your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from engaging in hobbies or activities you previously enjoyed.
- Loss of Consortium: May be awarded to your spouse for the impact your injuries have on your relationship, such as lost companionship or intimacy.
- Punitive Damages: These are rare but sometimes awarded by the court in cases where the at-fault driver’s 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 isn’t about finding a single number. Every case is unique, with factors like injury severity, the other driver’s negligence, and insurance limits heavily 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.