Beaumont Motorcycle Accident Lawyers

Helping Injured Clients Fight Back

The Texas Department of Transportation reports that motorcycle fatalities continue to rise. In 2022, there were 562 motorcycle-related fatalities in the Lone Star State and thousands of other crashes resulting in serious and often life-altering injuries. Unfortunately, many motorcycle crashes are caused by drivers of larger motor vehicles due to inattention or unsafe driving behaviors, such as speeding or driving under the influence of drugs or alcohol.

The attorneys at The Alfred Firm discuss how motorcycle accident claims work in Texas and the steps motorcycle accident victims may take to get justice and hold negligent drivers financially liable for their injuries. If you have questions about your motorcycle accident claim in Beaumont, TX, or surrounding areas, contact The Alfred Firm at 713-489-1875.

What Are the Motorcycle Laws in Texas?

In Texas, motorcyclists are required to follow the same rules of the road as other motor vehicle drivers, such as respecting the speed limit, following traffic signals and signs, and yielding to other vehicles. Motorcyclists under the age of 21 are required to wear a helmet that meets federal safety standards. Those over the age of 21 may choose not to wear a helmet after completing a motorcycle safety course or acquiring additional insurance coverage. In addition, all motorcyclists need to wear eye protection.

Texas laws require all motorcyclists to carry at least minimum liability insurance coverage and a valid license or endorsement. In order to operate a motorcycle in Texas, you must have a valid Class M license, which can be obtained after passing a knowledge and skills test.

Motorcyclists must use headlights at all times while riding and have their bikes inspected and their registration renewed once a year. Motorcyclists should also be aware of the lane-splitting laws in Texas – while the practice of lane-splitting is not directly addressed by Texas laws, motorcyclists who engage in this practice and cause an accident could be held partially liable for their own injuries. It is important to note that motorcyclists in Texas are only allowed to carry passengers if their motorcycles are equipped with adequate footrests.

How Is Fault Determined in a Motorcycle Accident?

In order to determine which party or parties may be at fault for a motorcycle accident, a thorough investigation of the crash along with a complete analysis of evidence are fundamental steps. There are a variety of evidence types that can be used in this situation, including eyewitness testimony, photos, videos, police reports, and medical records.

Eyewitness testimony can be especially helpful in determining who may have been at fault for the accident since the witness can provide first-hand information about what happened before, during, and after the accident. Photos and videos of the accident taken by bystanders or security cameras can also help clarify what happened. Police reports are also crucial because they typically contain information about the accident and any involved parties. Medical records can be useful in order to document the extent of the victim’s injuries and any medical treatment they may have received as a result of the accident.

If you were hurt in a motorcycle accident, gathering as much evidence as possible is vital to help you prove your case and show that your injuries and damages were caused mostly by the other party. You can reach out to a motorcycle accident lawyer to get help collecting evidence for your case and increase your chances of recovering the maximum amount of compensation.

How Can a Motorcycle Accident Victim Recover Compensation?

If you were injured in a motorcycle accident caused by someone else (such as the driver of a larger motor vehicle), you may have a couple of different options to seek compensation for your damages. Your first option is filing an insurance claim with the at-fault driver’s insurance company.

Filing an insurance claim may be a simpler way to receive compensation for any property damage (such as your damaged motorcycle) and medical expenses incurred as a result of the accident. However, many motorcycle accident victims may be surprised to find out that the insurance company is not interested in helping them and would rather protect its own bottom line by closing out claims as quickly and cheaply as possible. It is not uncommon for claimants to receive low settlement offers or have their claims unfairly denied.

If you filed an insurance claim with no success or are dealing with an uninsured driver, your next option may be to file a personal injury lawsuit. A personal injury lawsuit is more complex and time-consuming than filing an insurance claim, but it can result in a higher amount of compensation as you may be able to receive additional damages, such as pain and suffering. In order to file a personal injury lawsuit, you will need to be prepared to prove that the other party was negligent and that negligence caused your accident and injuries. It may be a good idea to consult a skilled Beaumont motorcycle accident lawyer in order to determine whether filing a personal injury lawsuit is the right choice for your case.

What Happens if You Are Partially to Blame for Your Accident?

Some motorcycle accidents are the result of a combination of errors or negligent behaviors on the part of the motorcyclist and the other driver involved in the crash. For example, suppose you were injured in an accident in which the driver of a passenger car turned left and collided with your motorcycle because they were distracted and did not notice your motorcycle was in the turn lane as well. However, you were riding your motorcycle after dark, and your headlight was not working properly, making it hard for you to be visible to other drivers. In this case, it could be determined that you were 20% at fault for your accident, while the driver of the passenger vehicle was 80% at fault. So, how would that impact your ability to recover compensation?

Fortunately, personal injury claims in Texas (including motorcycle accidents) are governed by the state’s modified comparative negligence rule. This means that an injured person can still recover compensation for their damages as long as they are less than 50% at fault for the accident. If an injured person is found to be more than 50% at fault for their accident, they may be barred from recovering any compensation for their injuries.

In other words, if you are only partially at fault for your motorcycle accident, the amount of compensation you may be able to recover may be reduced proportionately. Looking back at our example, if you are found to be 20% at fault, the amount of compensation you may be able to recover may be reduced by 20%. If you believe that you may be partially at fault for your accident, it is crucial to work with a skilled Beaumont motorcycle accident lawyer who can help you build a strong argument in your favor and minimize your percentage of liability.

What Kind of Damages Is a Motorcycle Accident Victim Eligible to Recover?

As a motorcycle accident victim, you may be able to seek recovery for a few different types of damages from the at-fault party. These damages usually include a combination of economic damages, and non-economic damages.

Economic damages are intended to compensate the victim for out-of-pocket expenses and financial losses related to their injuries. Common examples of economic damages include hospital bills, rehabilitative services, lost wages, and any other costs related to the injury and accident, such as the cost of repairing or replacing your motorcycle. In contrast, non-economic damages are meant to provide compensation for the pain, suffering, and emotional trauma associated with the injury. Non-economic damages typically include physical and emotional distress and loss of enjoyment of life.

Additionally, a motorcycle accident victim may also be eligible to recover punitive damages in some cases. Punitive damages are a civil court’s way of punishing the at-fault party and deterring similar conduct in the future. These damages are typically awarded in addition to standard damages in cases where the at-fault party acted with malice or gross negligence.

If you were seriously injured in a motorcycle accident in Beaumont or surrounding areas, contact the skilled Beaumont motorcycle accident attorneys at The Alfred Firm. Our attorneys have successfully represented countless injured motorcyclists and helped them recover maximum compensation for their accidents. We can handle every aspect of your case on your behalf. If we decide to take your case, we can begin working on it without any upfront costs, and you only pay us when your case is won. Reach out to The Alfred Firm by calling 713-489-1875 and requesting a free, no-commitment consultation to discuss your case and learn your options.