How Settlement Money is Divided in a Motorcycle Accident Case

How Settlement Money is Divided in a Motorcycle Accident Case

Motorcycle injury cases in Texas are handled like other personal injury claims. If there were two riders involved in an accident, the settlement money is usually divided based on the severity of the injury and other damages and other factors. Call a motorcycle accident lawyer at Baumgartner Law Firm for help.

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There is no set formula for dividing damages between motorcycle and truck crash victims. The money can be but is not always divided based upon the “specials,” which are the economic damages such as medical bills and lost wages. However, the more important consideration is the severity of the injury. There is not an average motorcycle settlement.

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Some motorcycle accident compensation examples

Two people on a bike or hit from the rear while stopped at a stop sign. Liability by the other driver is clear, and there is no contributory negligence by the motorcycle driver. Both motorcycle riders sustained similar injuries and had similar treatment; most likely, the division would be 50-50. But rarely will injuries be the same. Motorcycle injury settlements are unique to each rider.

Severity of Injury

Two people were in the same situation, but one victim lost two fingers. The other had a whiplash injury. Both went to the emergency room and had emergency room billing. The whiplash victim got chiropractic treatment and healed in three months. The person who lost two fingers had no ongoing medical care after the amputation. The whiplash victims had higher medical bills but less severe injuries. In this situation, the likely division would favor the person who lost two fingers.

What is the Average Settlement?

Motorcycle accident cases depend on many factors, such as whether there will be future medical expenses. There is no true average motorcycle accident settlement because numerous factors apply to each claim.

For example, if the negligent driver was intoxicated and caused the accident, punitive damages may be sought in addition to actual damages, like pain and suffering and medical bills.

Each person’s claim is separate

While the above examples provide an overview of the factors considered, each person’s claim is considered separately. One person may agree to a settlement, while the other declines. The insurance company for the negligent party will determine what they feel each party’s case is worth.

An Experienced Personal Injury Lawyer Can Investigate

Motorcycle accident settlement amounts will vary. The motorcycle accident attorney you choose should have substantial experience and be able to advise everyone about their opinion of values.

Our experienced personal injury attorneys will carefully evaluate a motorcycle injury claim in Houston. We have been handling motorcycle accidents and settlements for over three decades.

How badly you are hurt is a big issue in motorcycle crash cases. Traumatic brain injury is common, especially when no helmet is worn.

Everyone does not need the same attorney.

If you are riding a motorcycle with another person and are involved in an accident, you do not have to choose the same motorcycle accident lawyer your friend chose. Sometimes, particularly when there are no allegations of contributory fault, having the same attorney can make sense in terms of saving case expenses. Always look for an experienced motorcycle accident attorney.

If Contributory Fault is Claimed, Separate Attorneys are Best

At other times, separate attorneys may be best if fault is an issue or the insurance company is attempting to blame the motorcycle driver.

How being partly at fault can impact damages

Texas is a “comparative fault” state. If someone were more than 50% at fault for causing an accident, they would be barred from getting damages for a personal injury accident. If their responsibility is less than 51%, their damages are reduced by the percentage of fault.

Comparative Fault Examples

John was riding his motorcycle when a pickup turned in front of him, and he struck the side of the pickup. The pickup driver was found at fault for failing to yield the right-of-way. However, witnesses to the crash testified that John was traveling well over the speed limit and passed them as if they were standing still.  If a jury determined John to be 1/3 at fault for the accident, John would receive 2/3 of his damages (or the amount of damages less 1/3 for his fault).

In the same example above, if the jury found John to be 60% at fault, he would not receive compensation for his injuries. Consulting a personal injury lawyer about a motorcycle accident claim after a severe injury is a must.

Insurance factors in Texas

Texas vehicle insurance, which includes motorcycles, is written at a minimum of $30,000 per person and $60,000 in total. If another driver’s negligence injured two people, the maximum amount that any one person could receive would be $30,000. Of course, many people have much higher liability policy limits.

Insurance Coverage Impacts Settlements

The average motorcycle injury settlement will include a factor in the amount of insurance coverage.

One of the first things your personal injury attorney will do is determine how much insurance is available from the defendant.

If you have Under-Insured (UIM) coverage

If you have UIM coverage under your policy or on your motorcycle, underinsured motorist policies may provide benefits if your damages are above the other driver's policy limits. In Texas, UIM benefits are stacked on top of the liability coverage for the negligent driver up to the amount of your damages.

Call an Experienced Law Firm for a Motorcycle Accident Case.

Contact A Houston Motorcycle Accident Attorney

If you have questions about the vision of settlement proceeds between personal injury claimants, the cost to hire a motorcycle accident attorney, or how to proceed in a click case against the other driver or your insurance company, call for a no-obligation consultation. (281) 587-1111.

Hospital liens and health insurance payback

If you were treated at a hospital and did not have health insurance for the hospital did not take your health insurance, there is a good chance that you may have a “hospital lien” that attaches to any settlement. Insurance companies will not pay liability coverage without addressing a hospital lien that is filed on your case.

Subrogation or Liens

If you use your health insurance for your medical treatment, your health insurance company may seek to be entitled to be paid back from settlement proceeds. This payback is known as “subrogation.” Our motorcycle accident lawyers are skilled in negotiating reduced payments to hospitals and health insurance companies.

Call a Motorcycle Accident Lawyer at Baumgartner Law Firm for Help

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111

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