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Motorcycle riders have little protection in a crash, so injuries are often severe. Riders are also often blamed unfairly, with insurers and jurors assuming the rider was reckless. If another driver's negligence caused your crash, or a loved one was killed, the Daspit Law Firm will investigate and fight for the compensation you deserve.
National Highway Traffic Safety Administration (NHTSA) data consistently show that motorcyclists are many times more likely to die per mile traveled than people in passenger cars. Even a low-speed crash can cause broken bones, road rash, spinal cord injuries and traumatic brain injuries
• A driver turning left in front of an oncoming motorcycle
• A driver changing lanes without checking mirrors or blind spots
• Following too closely or speeding
• Distracted driving, including texting
• Driving under the influence of alcohol or drugs
• Opening a car door into a rider's path
• Dangerous road conditions such as gravel, potholes and poor lighting
• Defective motorcycle parts, see product liability
• Traumatic brain injuries, even with a helmet
• Spinal cord injuries and paralysis
• Broken bones and joint injuries
• Road rash and severe burns
• Amputations
See our catastrophic injuries page.
Texas law allows riders 21 and older to ride without a helmet in certain situations, such as completing an approved motorcycle safety course or carrying qualifying medical insurance. Whether or not you wore a helmet, you may still have a claim. Texas applies a proportionate responsibility rule: if you are found 51 percent or more at fault, you cannot recover, and any lower percentage reduces your compensation. That is why insurers often try to shift blame onto riders, and why evidence matters.
• Current and future medical expenses
• Lost wages and lost earning capacity
• Pain and suffering and mental anguish
• Physical impairment and disfigurement
• Motorcycle repair or replacement
• Wrongful death damages for surviving family members, see wrongful death
• Call 911 and get medical care, even if you feel fine.
• Take photos of the scene, vehicles, your injuries and your gear.
• Keep your helmet and damaged gear. Do not repair the motorcycle yet.
• Get witness contact information.
• Do not give a recorded statement to an insurer before speaking with a lawyer.
Possibly. Texas allows some riders to ride without a helmet. Insurers may still argue that a lack of helmet made your injuries worse, so speak to a lawyer.
You can recover if you were 50 percent or less at fault, but your compensation is reduced by your percentage. At 51 percent or more you are barred.
Generally two years from the date of the crash.
Your own uninsured/underinsured motorist coverage may apply. See our insurance claim page.
Be careful. Adjusters may look for statements that suggest you were at fault. Speak to a lawyer first.
It depends on your injuries, medical costs, time away from work, fault and available insurance. We evaluate each case individually in a free consultation.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
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