If you sustained an injury in a motorcycle accident due to someone’s negligent behavior, contact the Austin motorcycle accident lawyers of Loewy Law Firm immediately. Our legal team is available 24/7 to take your call and discuss the circumstances of the crash. We might be able to help you pursue the compensation you deserve from the at-fault driver.
Negligence is the legal standard that refers to a person’s failure to exercise a reasonable degree of care to avoid harming another. A range of negligent actions could lead to an accident involving a motorcyclist, such as unsafe lane changes, driving under the influence, and speeding, to name just a few examples.
Motorcyclists often sustain more severe injuries than the occupants of vehicles. They don’t have a seatbelt to restrain them to the bike or an airbag to soften the blow of a collision. They must suffer the full force of the impact when a car crashes into them. It’s a violent and devastating experience.
At Loewy Law Firm, we have represented motorcycle accident victims since 2005. We have the experience and resources to hold the negligent driver liable and try to reach the best possible outcome in your case. Call us for a free consultation at (512) 280-0800.
What Is Driver Negligence?
Driver negligence refers to a driver’s failure to act responsibly at the wheel. They don’t take the necessary precautions to keep other road users safe. When someone engages in reckless behavior, they frequently can’t avoid an accident.
Unfortunately, motorcyclists are at a much higher risk of injury and death when encountering negligent drivers in their vehicles on the road. It’s nearly impossible to prevent a crash because you can’t control how another person acts. You could end up on a collision course with a motor vehicle if the motorist becomes distracted or doesn’t check their blind spots before merging into your lane.
How Negligence Causes Car Accidents
Negligence can refer to a range of careless actions. The most common types of negligence resulting in accidents with motorcyclists include:
- Distracted driving
- Driving under the influence of drugs or alcohol
- Speeding or driving too fast for dangerous conditions
- Failure to check blind spots
- Ignoring traffic signs and signals
- Weaving in and out of traffic
- Passing a motorcyclist too closely
- Fatigued driving
- Failure to yield the right of way
- Taking a turn too fast
- Poorly maintained car and parts
If any of these negligent acts led to your injuries in a motorcycle crash, reach out to Loewy Law Firm right now. We can begin our investigation into the circumstances of the accident to determine who should be held liable. We have the resources to locate all available evidence and prove you deserve compensation for your losses.
Injuries Suffered in Car Accidents
The injuries caused by accidents between a car or truck and motorcycle can range in severity. The most common include:
- Internal bleeding
- Broken bones
- Physical or mental disability
- Deep lacerations
- Concussion, traumatic brain injury, and other head injuries
- Penetrating injuries from sharp debris
- Spinal cord damage and back injuries
- Road rash and burns
- Loss of limb
- Psychological trauma, such as depression or post-traumatic stress disorder
- Permanent scarring or disfigurement
Many injuries are life-threatening for motorcyclists. Significant physical damage can require hospitalization, surgery, and rehabilitation. If the victim survives, they might need assistance performing routine tasks at home or a medical device, such as a wheelchair. The emotional effects of a catastrophic motorcycle accident can last a lifetime and create various challenges.
Compensation for Negligent Driving Accidents
The compensation you receive should adequately cover the losses you suffered from the accident, such as:
- Medical expenses
- Property damage
- Lost wages
- Lost earning capacity
- Physical impairment or disfigurement
- Loss of household services
- Mental anguish
- Pain and suffering
You have two options for seeking compensation from the at-fault party. First, you could file an insurance claim. Every driver in Texas must carry liability insurance with minimum coverage limits for bodily injury and property damage. When you file your claim with the auto insurance company, you can pursue a settlement to compensate you for your losses.
Insurance companies typically look out for their own interests over the interests of the accident victim. If you don’t have an experienced lawyer to assist you with the process, you could end up without the money you need to heal. Unfortunately, unrepresented claimants often face denied claims and low settlement offers. If you don’t receive a favorable settlement offer, you could file a lawsuit.
There is a statute of limitations you must follow if you want to sue the negligent driver. Texas enforces a two-year statute of limitations. That means you have two years from the date of the crash to file your lawsuit if you want to pursue compensation in court.
One particular exception could extend the statute. If you were under a legal disability at the time of the crash, you would have additional time to initiate a lawsuit. A legal disability means you are either of unsound mind or under 18 years old. The two-year statute won’t begin to run until you turn 18 or become mentally competent.
You can pursue compensation for your total losses in a lawsuit. However, proportionate responsibility could result in a diminished financial award. This statute allows the jury to reduce an accident victim’s compensation by their percentage of shared fault for the injuries they sustained.
For example, if the negligent driver were 100 percent at fault for the crash and you suffered $40,000 in losses, you could receive the full $40,000 in compensation. If the jury finds that you were 25 percent responsible, you could receive no more than $30,000. Additionally, the statute bars financial recovery if the injured plaintiff is more than 50 percent to blame for an accident.
How Loewy Law Firm Could Help
No one leaves their home on their motorcycle thinking they will be involved in a crash. You can’t avoid negligent drivers on the road. Even if you prepare for dangerous situations, there isn’t much you can do to prevent another person from causing an accident.
Loewy Law Firm understands the financial strain of paying for medical treatment and the expenses associated with retaining someone’s legal services. We take cases on contingency, so upfront fees or costs do not burden you. We won’t collect any of our fees unless we recover compensation for you.
If another driver’s negligence caused your injuries in a motorcycle accident, call Loewy Law Firm at (512) 280-0800 for your free consultation today.