Texas Motorcycle Accident Lawyers Protecting Motorcyclists' Rights
One of the results we highlight on our homepage is a motorcycle wreck where we recovered over $10,000,000.00 for our client, who was riding his motorcycle when an 18 –wheeler pulled out in front of him. The injuries were catastrophic and life changing. The case was not without the challenges that come with motorcycle injury cases. The two main defenses to the claim were the allegation our client was speeding, and that they could have prevented some of their injuries by wearing a helmet. This motorcycle wreck presented issues which are common to most motorcyclist accidents: serious personal injuries, financial devastation, false allegations that the motorcyclist caused the wreck and did not take steps to prevent their own injuries.
If you have been in a motorcycle wreck, you may be facing the same or similar issues. Motorcyclists are more likely to sustain serious injuries than people riding in a car. Our lawyers have handled motorcycle wrecks involving wrongful death, head injuries, spinal cord injuries, broken bones, and torn ligaments and tendons. In addition, motorcycle accidents can cause financial devastation. To make matters worse, false allegations of speeding or reckless driving are frequently made in motorcycle accident cases.
If you have been involved in a motorcycle accident you need to hire a law firm that knows the issues surrounding motorcycle collisions. The motorcycle accident attorneys at Tate Accident Law have experience addressing and overcoming the issues to get our clients’ the maximum amount of money for their injuries, financial losses, and impairment, pain, and suffering.
Speak to one of our attorneys for free
We invite you to call us to discuss the specifics of your motorcycle wreck at 972-433-6113 or contact us online here. The consultation is free, and you do not owe us anything unless we recover for you.
Motorcyclist crash statistics show motorcyclists sustain serious personal injuries?
Injuries sustained by motorcyclists are usually more severe than people riding in cars. In 2020, motorcycles only accounted for 3% of all the registered vehicles on the road, but motorcycle wrecks accounted for 14% of all accident fatalities. The disproportionate number of fatalities compared to the number of motorcycles on the road highlights the vulnerability of motorcycle riders when they are hit by a larger car or truck.
Can I get medical care after a motorcycle crash without health insurance?
The Texas motorcycle wreck lawyers at Tate Accident Law have handled motorcycle cases which involved injuries ranging from severe road rash to wrongful death. Many of our clients have suffered head injuries or spinal cord injuries. We have assisted these clients in finding medical care to treat them for their injuries and resources to help them heal, and if necessary, a life care plan. We have helped clients find neurologists, orthopedic specialists, and therapists, as well as wound care for their lacerations and skin wounds. Some of our clients did not have health insurance at the time of the motorcycle accident or lost their health benefits after a collision. Tate Accident Law helps our clients gain access to medical care even when they do not have health insurance.
Areas We Serve
We have offices in Sherman, Texas and McKinney, Texas. We serve all of Texas and Oklahoma.
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Head injuries and spinal cord injuries are devastating, life-changing injuries which require extensive medical care and rehabilitation. These types of catastrophic injuries also require specialized medical care and future lifetime medical needs. In motorcycle wrecks involving injuries which necessitate future medical care and assistance with the needs of daily living, our attorneys will create a life care plan detailing the future needs and their costs. Motorcyclists who suffer these types of severe injuries may need help with basic activities such as meal preparation, home maintenance, and transportation, in addition to future medical care and attendant care. This type of long-term care is expensive. The attorneys at Tate Accident Law have experience creating lifecare plans and recovering the damages needed to fund them.
How do I recover my loss of income after a motorcycle wreck?
Motorcyclists who are injured in an accident usually experience an immediate loss of income. Depending upon the nature of the injuries, the loss of income may be permanent. Physical impairments and injuries cause financial devastation and can expose you to the risk of impoverishment.
Texas law recognizes both loss of earnings and loss earning capacity as damages which are recoverable by motorcyclists who cannot return to work due to their injuries. Lost income in the past can be shown using a variety of records. These might include employer records or written statements, pay stubs, bank records showing income, and income tax returns.
Loss of earnings capacity is the legal term for future loss of earnings due to disabling injuries. To show a loss of earning capacity, our attorneys typical utilize evidence such as prior earnings, prior jobs, education and utilize experts such as doctors. accountants, economists, and vocational experts when needed.
A vocational expert reviews the doctor’s opinions about your limitations as well as your past working history and education to determine what, if any, jobs you can do given your injuries. Then they compare the pay for those types of jobs to the one you had before you were injured. Usually, an injured person cannot make the same money as they did before the wreck. The difference in pay is then extrapolated over the rest of your working life by an economist or accountant.
Our Texas motorcycle accident lawyers have helped many clients recover substantial amounts of money for their loss of earning capacity after a motorcycle wreck. Please feel free to call Tate Accident Law or submit a chat if you have questions about your loss of earnings. One of our lawyers will discuss your circumstances with you free of charge. At 972-433-6113.
What are common causes of motorcycle wrecks?
Most of the time when a car or truck driver hits a motorcyclist the cause of the collision is the driver’s inattention. This is true despite years of awareness campaigns designed to increase driver attention regarding motorcyclists. Texting, drinking, eating, and other car distractions can cause a driver to not see a motorcyclist. Most motorcyclists are trained to ride with a heightened sense of awareness and safety because they know the risks associated with a collision. Car drivers do not have the same need to be as vigilant and are not trained as well as many motorcyclists.
Even though the most common cause of a motorcycle wreck is driver inattention, the driver often blames the motorcyclist for the wreck. When the driver does not see the motorcycle before the collision, their first reaction is surprise, but then the car driver begins to rationalize what happened. They think they are a safe driver and they know they were looking. They begin to speculate that the motorcycle “came out of nowhere” and, therefore, must have been speeding or made a sudden lane change.
Why is the adjuster blaming me for the motorcycle wreck?
Many people are prejudiced against motorcyclists. While it is true that certain bike riders drive recklessly, most motorcyclists are well-trained, responsible drivers. The prejudice against motorcyclists often means they get blamed for causing either the accidemt or their injuries or both. The process of blaming the bike rider starts with the car driver who was not paying adequate attention, and is then passed to the adjuster in the form of written or recorded statements. Adjusters know if their driver did not cause the accident or the injuries, they do not have to pay under Texas law, so they readily adopt the statements of their driver even if the driver never even saw the motorcyclist.
Drivers who hit motorcyclists are usually looking at the time of the wreck, but not looking carefully enough to see what is there to be seen. This leads the driver to speculate that the motorcycle was speeding or driving recklessly. Speculation, however, is not admissible in court in Texas. Testimony must be based on knowledge, not a guess. Our lawyers often cross examine drivers under oath when we sue the driver. We establish that the driver never saw the motorcyclist and make them admit that they do not know the speed of the bike prior to impact. Unless there is some other evidence to support an allegation of speeding or reckless driving, the speculation of the drivers should not be allowed into evidence under Texas law.
If you believe you are being wrongfully blamed for causing a motorcycle wreck, please call our office at 972-433-6113 for a free consultation with an experienced motorcycle injury attorney. You will not owe us any attorney fee unless we win for you.
What evidence can show how a motorcycle wreck happened?
There are several ways to show how a motorcycle crash occurred. Eyewitness statements can help to establish that a motorcycle rider was following the law and driving carefully at the time of a wreck. Often finding witnesses and recording their statements requires an investigation deeper than the police officers have time to conduct. Our office regularly gathers statements from witnesses to use later in the event of a dispute over who was at fault for the accident. This eyewitness testimony can make or break a case.
Video footage is powerful evidence proving how a motorcycle crash happened. Many cyclists ride with video cameras on their motorcycles. In addition, our lawyers have often found video footage of wrecks on cameras at adjacent businesses or footage of a wreck on a Ring door camera in a residential area.
In many accidents, including motorcycle wrecks, Tate Accident Law motorcycle attorneys will download Electronic Control Modules (ECM). These “black boxes” are present on all recently manufactured vehicles and record data in the event of a crash or other triggering event, such as sudden braking or extreme steering. The data collected includes speed, steering input, throttle, and brake position, among other data points. Some modules even record video footage. Our attorneys can review the data and reconstruct how an accident occurred.
Motorcycle wrecks often entail a dispute about how the wreck happened. Witness statements, video, and ECM data can help to establish what caused the wreck. If you have been hit on a motorcycle, please call our office to speak with an attorney for free at 972-433-6113.
What if I was in a wreck on a motorcycle and I did not have a motorcycle endorsement? Can I still recover my damages?
Yes. Under Texas law the lack of motorcycle endorsement must be relevant to be admissible. This means the defendant driver must show that the lack of an endorsement caused the motorcycle crash or caused some of the injuries you sustained in order to introduce the fact that you did not have an endorsement into evidence.
Do I still have a case if I was not wearing a helmet?
Yes. Under Texas law you are not required to wear a helmet when riding a motorcycle. If you are hit, however, not wearing a helmet may be evidence that your decision to not wear a helmet is a cause of your injuries if you sustained a head injury. Even though not wearing a helmet at the time of a motorcycle wreck may be admissible evidence, it does not mean that you do not have a viable personal injury case against the person who hit you. A car wreck and resulting injuries can have multiple causes, and the first main cause will always be the careless operation of a vehicle. This is the first act that sets the chain of events in motion. Not wearing a helmet is not a cause of the wreck, but only a secondary measure to prevent injury. While it may be argued that helmet use might have prevented a head injury, that defense does not apply to injuries to other parts of the body, and the defendant driver will have a burden to produce some evidence that the head injury would not have occurred if a helmet was worn.
Will my car insurance cover me while I am driving a motorcycle in Texas?
The Texas Standard Personal Auto Policy is a standard policy approved by the Texas Department of Insurance for sale in Texas, excludes from liability coverage any motorized vehicle with fewer than four wheels. This means your car liability insurance does not cover you when you are driving a motorcycle.
Other coverages found in your car auto policy may pay for injuries sustained in a motorcycle accident. For instance, Personal Injury Protection and Uninsured/Underinsured motorist coverage may pay for injuries you sustain in a motorcycle crash. Insurance coverage always depends upon the language in your insurance contract, so you must carefully read your policy for specific terms.
If you have been hurt in a motorcycle accident and have questions about your insurance coverage, we encourage you to call one of our experienced Texas motorcycle accident attorneys to discuss the specifics of your case. Initial consultations are free of charge and your case will be reviewed by one of our lawyers. Please call us at 972-433-6113 or contact us online here.