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May 5, 2021 by Greg Baumgartner
Motorcycle accidents happen frequently in Texas. They can be the motorcycle rider’s fault, but most of the time, it is the other driver at fault. If you’re wondering what the average motorcycle injury settlement is, this article will provide some insights.
Because motorcycles are hard to see, many accidents occur simply because the driver of the other vehicle fails to see them. Houston is a very dangerous place to ride a motorcycle.
The most common types of motorcycle crashes involve the following situations:
Most of these accidents are caused by the other vehicle’s driver simply not seeing the motorcycle in time to avoid an accident. The situation worsens at night.
Safety experts recommend that motorcyclists use additional lighting on the motorcycle and wear brightly colored clothing when riding. But even with these precautions, motorcycles are still hard to see at night.
The settlement amount depends on three factors: (1) Liability, (2) Damages, and (3) Available insurance.
Texas is a “proportionate responsibility” state, meaning that liability for an accident is determined by the degree of fault. The more faults attributed to a person or company, the higher their responsibility for the damages. If the liability is crystal clear and undisputed, that factor can be disregarded in the analysis of a settlement amount.
Motorcycle accidents tend to result in more serious personal injuries because the biker lacks the added protection of a vehicle. The amount of damage depends on the exact injuries sustained in the accident. The best evidence of the value of those injuries comes from the medical records and the testimony of the rider’s treating physicians.
Future medical limitations and expenses are also factored into settlement discussions. 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. Likewise, if a person is permanently incapacitated, the damages can be astronomical. Damages for human losses should be substantially higher than the cost of the medical care itself.
The available insurance coverage can limit damages in the most severe motorcycle crashes. In Texas, the minimum coverage is $30,000, and many drivers do not even carry insurance. Even the most severe catastrophic injury 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 a motorcycle crash how the settlement money is divided 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 leading motorcycle accident lawyer.
We recommend the following steps to begin a motorcycle personal injury claim:
No Statements
Avoid giving any recorded statements to the adjuster for the at-fault driver. Insurance adjusters are well-trained in asking questions designed to give them a defense to your claims. This is a situation of “what you say will be used against you.” Always consult a leading motorcycle accident attorney before considering communications with the at-fault driver’s insurance company. 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. Write down the names and contact information of any witnesses, as well as any medical providers or emergency personnel. Obtain photographs and documentation from the investigating officers when possible.
Talk with the Best Lawyer
Contact the best motorcycle accident lawyer in the county of the occurrence and do so sooner rather than later. The general rule is that the more serious the injury, the more you need the best personal injury attorney.
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 progresses and whether a lawsuit is necessary for a fair settlement.
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.
Perhaps. Texas is a “proportionate responsibility” state, meaning you can collect damages if you are less than 51% at fault for the crash. 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. A skilled motorcycle accident attorney should be able to rebut those accusations if they are not valid.
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 traumatic brain injury 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.
The best way to analyze a fair settlement is to talk to a qualified attorney. Look for one who has a proven track record of securing compensation from insurance companies for serious injury damages. 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, let’s assume that John was riding his motorcycle and another driver turned in front of him, causing the crash. Nothing John could have done would have prevented the accident from happening. Liability would be clear in this case, and the other 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. John might be seriously hurt. If the insurance coverage is limited, a fair settlement could be the maximum amount of that coverage.
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. 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.
The best way to find a motorcycle accident lawyer is to research their skills and experience. Look for their training and past work with serious motorcycle injury cases. The more experienced, the better.
Also, understand who will handle your case before you sign a contract with a law firm. You do not want an inexperienced associate handling your case and learning on the job. 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.
The motorcycle accident lawyers at the Baumgartner Law Firm have been handling serious personal injury and wrongful death motorcycle crash cases in Houston, TX, for over three decades. We have obtained numerous multimillion-dollar settlements and may be able to help you.
Contact us for a free, no-obligation consultation about your motorcycle injury case.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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