Houston Motorcycle Accidents Attorney
Understanding the Danger
Motorcycles provide riders with freedom, economy, and exhilaration unmatched by other vehicles. The popularity of motorcycle riding has increased among older, more affluent riders in recent years, and motorcycle sales reached 1,158,000 in 2006, the highest level in 30 years. Unfortunately, by their very nature, motorcycles are less crashworthy than other vehicles, and the Department of Transportation reports that motorcycle fatalities have also risen.
In 2007, 5,154 motorcycle fatalities occurred nationwide—the highest level reported since the Department of Transportation began collecting data in 1975. In 2007, 375 motorcycle riders died in Texas accidents. The statistics for 2006 show that, per mile traveled, motorcyclists were about 35 times more likely than automobile occupants to die in a traffic accident and 8 times more likely to be injured. Furthermore, the statistics show a dramatic increase in the number of deaths nationwide among motorcyclists aged 40 and older. In 2007, motorcyclists 40 and older made up 49 percent of all motorcycle fatalities, whereas the older motorcyclists accounted for only 33 percent of the motorcycle fatalities 10 years earlier.
Recovering for Motorcycle Accident Injuries—Proving Fault
In Texas, to recover compensation for a motorcycle injury, you must show that:
- The accident was mostly caused by the negligence or fault of someone else
- You were injured
- Your injury was caused by the accident rather than a preexisting injury or other event
You can establish negligence by showing that a driver was careless. For example, a driver who fails to keep a proper look out for your motorcycle, fails to obey traffic control devices, or fails to yield the right of way could be found negligent. Because motorcycles have a greater susceptibility than other vehicles to road hazards, negligence is often shown on the part of a governmental entity for the failure to properly maintain, design, or sign the roadway. Parties responsible for the improper design or maintenance of the involved vehicles could also be found liable.
Our Houston Motorcycle Accident Lawyer will provide you with all of your legal options and advise you how to proceed.
If your negligence also contributed to the accident, the amount of your award is reduced in proportion to your amount of fault. However, if you are found more than 50 percent at fault for causing your injury, you may not be able to collect from the other person.
Evidence used to prove your motorcycle injury claim may include:
- The motorcycle and other vehicles involved in the accident
- Photographs and video tapes of the accident scene and the vehicles
- Police reports
- Investigative reports containing measurements and documentation of skid marks, the vehicles’ condition and damage, and other evidence at the accident scene
- Medical reports documenting injuries
- The testimony of drivers, motorcyclists, passengers, witnesses, police and emergency personnel with knowledge of the accident
- Testimony from accident reconstructionists, investigators, engineers, mechanics, and other technical experts regarding the cause, mechanics, and effects of the accident
- Testimony from doctors and other medical caregivers, medical specialists, rehabilitation and occupational therapists, mental health professionals and others experts regarding the cause and extent of physical and mental injuries
Amount of Compensation
In Texas, the person at fault for causing your motorcycle accident is liable for:
- Your past, current, and estimated future medical expenses
- Lost income or wages due to your time away from work
- Any property damage, such as damage to your motorcycle
- The cost of hiring someone to do household chores while you are unable to do them
- Any permanent disfigurement or disability
- Your emotional distress, including anxiety, depression, and any interference with your family relationships
- Any other costs that were a direct result of your injury
You may also be entitled to recover punitive damages against defendants who acted with malice or gross negligence
An experienced Houston Motorcycle Accident Attorney is essential to the success of your case
It is difficult to measure the exact monetary value of your injury claim. The dollar amount of recovery depends not only upon the severity and permanence of your injuries, but also upon the persuasiveness of your evidence and attorney. That is why it is critical to contact a law firm experienced in motorcycle injuries as soon as possible to preserve the evidence of your accident and injury.
Contact Us for a Free Consultation
At the Law Offices of Alexander M. Gurevich, we possess the necessary legal knowledge, technical expertise, and negotiation and trial skills to recover maximum compensation for your motorcycle injuries. If you or a loved one is hurt in a motorcycle accident, or if you are in need of a Houston car accident attorney, or are seeking legal representation in any of our areas of practice, call us immediately for a free consultation at (713) 224-9600. If we are able to take your case, we will do so on a contingency basis, which means we recover no legal fees unless we collect compensation for you.