Maximize Your Compensation After A Motorcycle Accident
Motorcycles are smaller and lighter than cars and offer no external protection to riders. Furthermore, they are less visible to drivers, which greatly increases a rider’s accident risk.
Due to these factors and more, a motorcycle accident can quickly turn into catastrophic injuries or even death for the biker. When another reckless or negligent driver on the road causes the accident, they should also be responsible for the cost of the injuries.
At Badders Law Firm, P.C., we can help you file a claim for the compensation that you deserve. Our Houston personal injury lawyers have decades of experience in securing the best possible outcome in motor vehicle accidents, and we know what it takes to help you cover the costs of your injuries without taking money out of your pocket.
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Motorcyclists’ Rights Under Texas Law
Texas bikers enjoy many of the same rights as other drivers, but they also face unique considerations. Understanding these rights is crucial for both motorcyclists and other road users to ensure safety and compliance with our state laws.
Here is an overview of the key rights and regulations for motorcyclists in Texas:
- Lane usage: Motorcyclists have the same rights to use a full lane as other vehicles. Lane splitting, or riding between lanes of traffic, is not explicitly legal in Texas.
- Helmet laws: Riders 21 and older can choose not to wear a helmet if they have completed a safety course or have adequate insurance coverage.
- Equipment requirements: Motorcycles must have working headlights, taillights and turn signals. Mirrors and mufflers are also mandatory.
- Licensing: Riders must have a valid motorcycle license or endorsement.
- Insurance: Motorcyclists must carry minimum liability insurance, just like other vehicles.
- Right-of-way: Motorcycles have the same right-of-way privileges as other vehicles.
It is important to note that motorcycle laws can change, so it is advisable to check the Texas Department of Public Safety website or consult with a local motorcycle organization for updated information.
Frequently Asked Questions About Motorcycle Accidents
Being involved in a motorcycle accident can leave you with many questions and concerns. To help you through this difficult time, we’ve compiled answers to some of the most common questions riders face after an accident in Texas.
Does Texas treat motorcyclists differently from automobile drivers?
Texas requires both drivers and motorcyclists to follow the same traffic rules. However, some laws apply only to motorcyclists. For example, state requires motorcyclists to have a special motorcycle license and wear a helmet if they are under 21.
How long does a motorcycle accident claim take?
The duration of a motorcycle accident claim depends on several factors such as the case’s complexity, the severity of injuries and the willingness of insurance companies to negotiate. Some claims may settle in a few months, while others might take longer.
Our personal injury attorneys can help walk you through the process and work toward a timely resolution.
Are bikers more likely to be denied insurance claim coverage after a crash?
Bikers aren’t necessarily more likely to be denied coverage but may face unique challenges. Insurance companies sometimes have biases against motorcyclists, assuming they are riskier drivers. This can lead to disputes over fault or the extent of injuries.
Having an attorney can be beneficial in these situations. They can advocate for your rights and work to ensure you receive fair treatment from your insurer.
What if a defective motorcycle causes an accident?
If a defective motorcycle causes a crash, the manufacturer or seller of the motorcycle may be held liable under product liability laws. If you were injured by a faulty unit, you could potentially file a lawsuit against the manufacturer, distributor or retailer, depending on the nature of the defect.
Consulting with an experienced personal injury attorney can be of great help in cases like this. Such accidents can often be complex and require expert testimony.
Can I file a motorcycle injury claim if I wasn’t wearing a helmet?
You can still file a claim if you weren’t wearing a helmet during the accident. Texas has specific helmet requirements, but these do not directly prevent you from filing a claim.
If you are at least 21 years old and have health insurance that covers motorcycle accident injuries, you are not legally required to wear a helmet. However, if you weren’t wearing a helmet and sustained injuries, it could impact your claim.
Insurance companies might use the fact that you weren’t wearing a helmet to deny coverage. Consulting with a lawyer can help you address these potential issues and fight to secure compensation.
If you have more questions or need assistance, don’t hesitate to reach out to our firm today.
Dos And Don’ts For Texas Motorcyclists
Understanding the proper conduct for motorcyclists in Texas is crucial for ensuring safety and compliance with state laws.
Dos:
- DO wear a helmet if you’re under 21 years old. It is mandatory for this age group.
- DO complete a motorcycle safety course.
- DO carry proper insurance. Maintain at least the minimum liability coverage required by Texas law.
- DO use your headlights at all times, even during daylight hours.
- DO signal your intentions when turning or changing lanes.
- DO ride defensively and stay aware of your surroundings at all times.
Don’ts:
- DON’T ride under the influence of alcohol or drugs. DUI laws apply to motorcyclists, and penalties can be severe, including license suspension, fines and possible jail time.
- DON’T ride without a valid motorcycle license or endorsement.
- DON’T lane split or weave between lanes of traffic. While not explicitly illegal in Texas, it’s not recommended and can be dangerous.
- DON’T ride without proper safety gear, even if you’re legally allowed to do so.
- DON’T ignore traffic laws. Motorcyclists must obey the same rules as other vehicles.
- DON’T assume other drivers can see you. Always make yourself as visible as possible.
Remember, while helmet use is optional for riders 21 and older who meet certain conditions, it’s strongly recommended for all motorcyclists regardless of age.
As for DUI, the consequences can be particularly severe for motorcyclists due to their increased vulnerability on the road. It’s always best to avoid riding after consuming any amount of alcohol or drugs.
We Can Handle The Hard Part
Trying to negotiate for compensation that accurately reflects current and future medical costs, any income you missed during your recovery, and even the cost of your pain and suffering can seem impossible if you are still struggling with your injuries.
Let our team act as your advocates in your compensation claim. You can count on us to utilize our decades of negotiation skills for your benefit. If negotiations are not able to result in compensation that you can count on, we are not afraid to take your case to litigation to earn the results you deserve.
Furthermore, we provide compassionate legal services and support for families who have lost loved ones in motorcycle-related wrongful deaths.
It is not enough for us to settle for results that are “good enough,” and it should not be for you, either. We treat all of our clients with the respect and compassion they deserve as we strive to fight for you after your injuries.
Begin Your Recovery With Us
After your motorcycle accident, you may not be sure that you were doing the right things to maximize your compensation. Rely on our Texas motorcycle accident lawyers to help you from beginning to end in your compensation claim.
We have offices in Houston, Center, Nacogdoches, Crockett and Lufkin, so call us at 936-649-3169 or email us here to schedule your initial consultation today.
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