Motorcycle Accident Attorney in Spring, TX
The simple joy of riding a motorcycle can quickly fade with a sudden, life-changing collision. Motorcyclists have little protection from the elements, making them particularly vulnerable to serious injuries. These “elements” may include not only wind and rain but also negligent drivers. If you were hurt in a motorcycle accident and you think someone else was to blame, a motorcycle accident attorney in Spring, TX can help. These legal professionals can guide you toward the justice and compensation you deserve. Contact Hernandez Law Firm today to take your first steps toward decisive legal action by calling (936)-256-3115.
How Can a Motorcycle Accident Attorney in Spring, TX Help Me?
Spring is situated on the outskirts of Houston, and it is home to about 63,000 people. Many Spring residents enjoy riding motorcycles. Some enjoy the thrill of riding these two-wheeled vehicles and feeling the wind on their face. Others prefer motorcycles due to their affordability and their low gas consumption. Texas is home to almost 350,000 registered motorcycles, putting it in eighth place among other states according to Statista.
Unfortunately, many motorcyclists in Spring face serious threats daily. Many ride on I-45, one of the most deadly road sections in the entire nation. Reckless and negligent drivers frequently cause collisions with motorcyclists in the Houston area. But while car drivers are safe behind layers of metal and airbags, motorcyclists suffer serious injuries after even the slightest collisions.
A motorcycle accident attorney in Spring, TX can help you fight for your rights after an accident. With their help, you can determine who (or what) caused your accident. From there, your lawyer can guide you toward compensation. This compensation often comes in the form of an insurance settlement – and you can negotiate your settlement without ever going to court. In rare cases, your lawyer may need to represent you during a personal injury trial. Whatever the case may be, an effective motorcycle accident attorney in Spring, TX will not stop fighting until you get everything you need to cover your losses.
What Kinds of Damages Can I Claim After a Motorcycle Accident in Texas?
You can claim various “damages” after a motorcycle accident in Texas. In the legal world, “damage” is another word for a loss you have suffered due to the accident. These losses can be either financial or psychological in nature. Both should be compensated in full if you did not cause your own motorcycle crash. You can cover part of your damages even if you partially caused your own crash. Damages fall into two distinct categories:
- Economic Damages: As the name suggests, economic damages involve your economic situation after a motorcycle crash. These financial losses may include medical expenses, missed wages, and property damage. For example, you might incur hospital bills after suffering a head injury, and your injury might cause you to miss weeks of work. In addition, your motorcycle might have been totaled in the crash. All these financial losses would be compensable in a personal injury claim. If you lost a loved one in a fatal motorcycle accident, you may also pursue compensation for funeral expenses.
- Non-Economic Damages: Non-economic damages are more complex, and they involve psychological or emotional factors. While these losses are legitimate, their value can be difficult to determine. How do you put a “price” on a disfigured face, depression, or post-traumatic stress disorder? To pursue sufficient compensation for these losses, it is important to work with an experienced motorcycle accident attorney in Spring, TX.
How Does Insurance Affect Motorcycle Accidents in Texas?
Insurance is effectively mandatory for motorcyclists in Texas. However, your liability insurance only covers injuries suffered by other people in accidents you cause. If you suffered injuries in a crash caused by someone else, you will need to pursue compensation via their insurance policy – not yours. That being said, you can secure optional insurance coverage that covers your damages if the at-fault driver does not have enough to pay for your various losses. For example, you might get into a motorcycle accident with a driver who does not have any insurance. Alternatively, they might have some insurance – but their policy might be too low to cover your medical expenses, missed wages, and emotional distress.
Texas is an at-fault state, which means you must prove that someone else caused your accident to pursue compensation. Texas is not a “no-fault” state, which means that you cannot simply turn to your own insurance policy to cover damages without proving negligence. After most motorcycle accidents in Texas, injured riders gather evidence of negligence and then submit all relevant documents to the at-fault driver’s insurance provider. This insurer then negotiates for a fair settlement with your motorcycle accident attorney in Spring, TX.
What Are Common Motorcycle Injuries in Texas?
Motorcycle injuries in Texas can be relatively light, but they can also be life-altering or even fatal. Here are some of the most common examples:
- Road Rash: After the collision, you might have been ejected from your motorcycle. This may have caused you to slide across the asphalt at high speeds. High levels of friction can strip away layers of clothing – and skin. In some cases, bones are exposed due to excessive skin loss. These “road rash” injuries are very common among motorcyclists. Aside from extreme pain, additional complications include permanent scarring and infection.
- Traumatic Head Injuries: Also known simply as a “TBI,” a traumatic brain injury is a very common injury for motorcyclists. After a collision with another vehicle, a motorcyclist may be ejected forward. After flying through the air, the motorcyclist may strike their head on solid objects – such as concrete barriers, trees, and other vehicles. Even with a proper helmet, these head injuries can easily prove fatal or permanently disabling.
- Spinal Cord Injuries: One of the most life-altering consequences of a motorcycle accident is a spinal cord injury. With sufficient damage to the spine, a motorcyclist may be left totally or partially paralyzed. Although recovery is always possible, many patients lose the ability to live independently after suffering spinal cord injuries. These injuries also have the potential to completely end careers.
- Fractured Bones: Lower extremity fractures are exceedingly common among motorcyclists. These injuries involve broken bones throughout the legs and feet. When a motorcycle crashes onto its side, the weight can crush and shatter bones in the leg. Although most fractures heal properly with time, some can lead to permanent disfigurements and disabilities.
- Organ Damage: Injuries to the torso are also common among survivors of motorcycle accidents. Broken ribs may heal relatively quickly, but the situation becomes much more serious when internal organs are damaged. Injuries might include ruptured spleens, crushed kidneys, and collapsed lungs.
- Burns: The presence of fire can make motorcycle crashes much more serious. A truck carrying flammable materials can ignite after crashing, and motorcyclists may be caught in the blast. These situations are particularly serious if the motorcyclist is unconscious when exposed to fire. Fires can be life-threatening, but they may also cause permanent, disfiguring burns across the face.
- Sprains and Strains: Even if a motorcyclist does not suffer a fracture, sprains and strains can be just as serious. These lower extremity injuries may also cause weeks or months of missed work. Examples include sprained ankles or torn ligaments in the knee joint.
What Do I Need to Prove in a Motorcycle Accident?
Your motorcycle accident attorney in Spring, TX can help you prove negligence. This is a necessary step in virtually all auto accident claims in Texas. To establish negligence, you and your lawyer need to show the existence of four elements:
- Duty of Care
- Breach of Duty
- Causation
- Injuries
Duty of care is a straightforward concept. It means that drivers should take reasonable steps to avoid causing injuries to motorcyclists. Drivers in Texas have a legal responsibility to “share the road” with law-abiding motorcyclists. If they fail to do this, they may become liable for any resulting injuries.
To establish a “breach of duty,” you need to show that the driver committed some kind of mistake or traffic offense. For example, they might have cut in front of you without signaling or checking their mirrors. Perhaps they were driving while intoxicated or distracted.
The third element of negligence is “causation.” To establish causation, you need to show that the driver’s mistake led directly to your injuries. If they cut you off and knocked you off your bike, this causational link is clear. In other situations, causation might be more difficult to establish. For example, an intoxicated driver might argue that their impairment was not a factor in a “near miss” that sent you veering off the road.
Finally, you need to prove that you suffered legitimate injuries. If you did not suffer any physical injuries, it is effectively impossible to file an injury claim in Texas. Fortunately, you can prove the existence of your injuries by simply pointing to your medical records. To ensure that your medical records reflect the severity of your injuries, it’s important to see a doctor as soon as possible after your accident. Do not refuse treatment at the crash scene, even if you think you escaped without a single scratch. Certain injuries – including TBIs – may seem deceptively moderate at first.
What if I Partially Caused My Own Motorcycle Accident?
Even if you partially caused your own motorcycle accident, it is possible to recover compensation. This is thanks to Texas’ “modified comparative negligence system.” Under this doctrine, injured plaintiffs can pursue compensation if they can show someone else partially caused their accident. For example, you might have been 20% responsible for your injuries because you were slightly above the speed limit at the time of the accident. However, a drunk and distracted driver might have been 80% responsible for the same crash.
While comparative negligence helps you recover compensation even if you were partially responsible, it can reduce your total settlement amount. If you were 20% at fault for your crash, your compensation will be reduced by 20%. Note that if you are more than 50% responsible, you will lose the right to pursue compensation altogether.
Pursuing Long-Term Compensation for a Head Injury After a Motorcycle Accident
Head injuries are particularly common for motorcyclists in Texas. If you have experienced this type of injury, it is very important to take your situation seriously. Play it safe and see a doctor after suffering even a minor head injury. Follow up with your doctor periodically – especially if you start noticing certain changes. These might include headaches, slurred speech, and memory issues – which could be signs of serious issues like hemorrhages.
Also known as a “brain bleed,” a hemorrhage occurs when blood begins to pool and accumulate within the cranium. This blood can put pressure on the brain, causing potentially life-threatening issues. There have been numerous accounts of brain injury patients dying suddenly and without warning weeks after relatively minor knocks to the head.
Brain injury patients should undergo extensive testing to determine the severity of their situation. Medical imaging can help detect abnormalities in the brain, and CT scans are especially helpful.
Traumatic brain injuries can become worse with time. You may start to notice personality changes, social withdrawal, cognitive decline, and motor control issues. There is also evidence that links brain injuries to dementia. These issues show just how important it is to pursue compensation after a brain injury. You never know how this type of injury will affect your life after a motorcycle accident.
Our Spring Attorneys Also Focus on the Following Areas:
- Brain Injury
- Car Accident
- Truck Accident
- Bicycle Accident
- Wrongful Death
- Brain Injury
- Rideshare Accident
Book a Consultation with a Trusted Motorcycle Accident Lawyer in Spring
Legal assistance may be closer than you realize. There is no need to drive for hours to the nearest big city when a motorcycle accident attorney in Spring, TX is right around the corner. Choose Hernandez Law Firm, and you will work alongside a lawyer who has spent his entire career fighting for the rights of injured motorists. We are passionate about helping motorcyclists access the medical treatment they need. Call us today at (936)-256-3115 to book a free consultation and discuss your legal options in more detail.
