Most motorcyclists find the speed and freedom of riding their bikes exhilarating. The same elements that make it so freeing also make motorcycle riding dangerous. Motorcycle accidents are a common cause of catastrophic injuries and highway fatalities. Even a relatively minor motorcycle crash can result in notable medical expenses.
Other parties are often at fault in motorcycle crashes, and a reliable personal injury attorney could help you hold them accountable. A Midland motorcycle accident lawyer can help you pursue compensation for your injuries and the wreck’s impact on your quality of life.
Bikers have a reputation for being risk-takers, but many crashes are the fault of other motorists. Drivers with their windows up may not hear a motorcycle coming. Motorists often do not see motorcycles because of a phenomenon called inattentional blindness—when a driver is focused on avoiding large vehicles, they may not see a low-profile object like a motorcycle even when it is in their line of sight.
Some motorcycle accidents result from mechanical failures in either the bike or the other involved vehicle. Malfunctioning stop lights can cause a motorcycle accident, as can defective road design and poor road maintenance.
A Midland attorney could investigate the crash to determine how and why it happened. They could identify all the responsible parties and assert claims against anyone whose negligence contributed to the wreck.
Texas Transportation Code § 661.003 requires riders under 21 to wear a helmet in all circumstances. Riders over 21 need not wear a helmet if they have completed a motorcycle safety course or if they have insurance that will cover them for motorcycle accident injuries.
Choosing to go without a helmet is an adult rider’s right in Texas, but it is unwise. Helmets are proven to reduce fatal injuries and lessen the severity of head, neck, and facial injuries. Opting against a helmet can also impact the amount of compensation recoverable in a personal injury case. A Midland attorney could explain the impact that not wearing a helmet could have on a specific motorcycle crash case.
When a rider is injured in an accident, an insurance adjuster or jury could consider the failure to wear a helmet when deciding whether the biker was responsible for their injuries. When the biker is partially responsible, compensation is reduced by an amount equal to their degree of fault. For example, a biker who is 30 percent responsible for their injuries can collect only 70 percent of their losses from the negligent parties who caused the accident.
The law limits the time available for an injured person to bring a lawsuit for personal injuries: within two years. When the injured person is under 18, they may file within two years of their 18th birthday. However, it is usually more effective for a parent to bring a lawsuit on the child’s behalf within two years of the accident.
When a unit of government could be a responsible party, acting quickly is essential. When an injured person has a claim against the State of Texas or a state agency, they must submit a formal notice of claim within six months of the injury. Local governments can establish limits as short as 90 days.
A Midland attorney will determine immediately whether a government entity could be a potential defendant for a motorbike collision. If so, they will take the necessary steps to preserve an injured person’s claim.
Motorcycle accidents can be devastating physically, emotionally, and financially. You need to work with an experienced attorney who can obtain appropriate compensation for your injuries.
A Midland motorcycle accident lawyer has a track record of achieving excellent results for injured bikers, so reach out today to get started.
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