Dallas Motorcycle Accident Lawyer

In the aftermath of a motorcycle accident, determining who is at fault is critical in establishing the basis for compensation claims and possible legal actions. Like many other states, Texas follows specific fault rules that are central to such determinations. The process is often complex and requires thorough investigation, analysis of evidence, and understanding of Texas law.

Texas Fault Rules:

1. Comparative Negligence: Texas adopts the “modified comparative negligence” system. This means if a motorcyclist is found to be partially at fault for the accident, their compensation will be reduced by the percentage of their fault. However, if they are more than 50% at fault, they cannot collect any compensation from the other party.
2. Duty of Care: All motorists, including motorcyclists, have a duty of care when on the road. This means they are obligated to act responsibly and avoid putting others at unnecessary risk. When someone breaches this duty of care, they can be deemed at fault.
3. Establishing Negligence: For a party to be considered at fault, it must be proven that they acted negligently and that their negligence directly caused the accident and resultant injuries.

Determining fault in a motorcycle accident in Texas requires a multifaceted approach. Understanding the state’s fault rules and leveraging various types of evidence is critical to establishing a strong case, whether you are pursuing compensation or defending against a claim. 

Determining fault in a motorcycle accident is a nuanced process that involves multiple steps and considerations. Establishing who bears the responsibility is crucial for compensation claims and potential legal actions.

Police Reports

One of the first things investigators and insurance adjusters look at is the official police report. Law enforcement officers, trained to evaluate accident scenes, will provide a neutral perspective, detailing the events leading up to the collision. Their accident report might contain opinions about who was at fault, especially if traffic violations were involved.

Traffic Laws

Each state has its own set of traffic laws, known as the vehicle code. Familiarity with these laws can help lawyers, insurers, and other involved parties assess whether any of the drivers involved in the accident violated a statute. For instance, if one motorist ran a red light, that’s a clear violation.

Eyewitness Accounts

Witnesses can provide an impartial account of how the accident unfolded. Their testimonies can be invaluable in piecing together the events leading up to the collision.

Accident Reconstruction Experts

In complex cases, specialists might be employed to recreate the scene. Using the available evidence, such as skid marks, vehicle damage, and other scene indicators, they can provide insights into the cause of the accident and the parties at fault.

Photos And Video Footage

Visual evidence from the scene, including photos taken by involved parties or bystanders and any available surveillance or dashcam footage, can be instrumental in showing what happened and which parties may be at fault.

Physical Evidence

Physical evidence from the scene, like debris, skid marks, or damaged property, can help outline how the accident occurred.

Vehicle Damage

The type and location of damage on the vehicles involved can provide clues about the accident’s dynamics. For instance, a rear-end collision typically suggests the rear driver might be at fault, although exceptions can exist.

Personal Testimonies

Statements from those involved in the accident can help piece together the event’s sequence. However, these accounts are subjective and can sometimes be contradictory.

Expert Testimonies

Medical experts can testify about the injuries sustained, which can shed light on the accident dynamics. Mechanical experts can also be consulted if vehicle malfunction is suspected.

Motorcycle accidents can be traumatic, especially when the responsible party flees the scene. Allbee Law Firm considers these steps when we handle cases involving hit-and-run motorcycle accidents.

Immediate Action & Client Support

Report to the Police: We advise our clients to ensure the motorcycle accident is promptly reported to the police. A thorough investigation might increase the chances of locating the perpetrator.

Medical Needs: We stress the importance of immediate medical attention for the motorcycle accident victim’s well-being and to establish a clear record of injuries directly linked to the accident.

Evidence Collection

Scene Documentation: If possible, we recommend that motorcycle accident victims, or their families, document the motorcycle accident scene. Photos of the surroundings, skid marks, and vehicle damage are paramount.

Witness Collaboration: We also work closely with eyewitnesses to gather detailed accounts that could assist in identifying the culprit or corroborating the sequence of events.

Surveillance Footage Pursuit: Being familiar with Dallas, we’re aware of potential surveillance cameras in accident-prone areas. Acquiring this footage can sometimes make or break a case.

Insurance Negotiation

Client Advocacy: We ensure our clients are represented fairly when dealing with insurance adjusters, striving for maximum compensation under their policy terms.

Uninsured Motorist Claims: In cases where the responsible driver remains unidentified, we assist our clients in leveraging their uninsured motorist coverage to recover costs associated with the accident.

Policy Exploration: Dallas residents might have multiple insurance policies or coverages. We conduct a comprehensive policy review to identify potential avenues for claims.

Legal Actions & Advocacy

Locating the Driver: Should new evidence emerge pointing to the responsible party, we are prepared to take swift legal action on our client’s behalf.

Civil Lawsuits: If the driver is identified and there’s sufficient evidence, we can file a civil lawsuit, especially if insurance doesn’t adequately cover damages.

Continued Support

Client Updates: We prioritize keeping our clients informed every step of the way, ensuring they’re aware of any progress or changes in their case.

Emotional Support & Referrals: Recognizing the emotional toll of hit-and-runs, we often provide motorcycle accident victims with resources or referrals for counseling and support groups in Dallas.

Distracted Driving: 

One of the leading causes of motorcycle accidents is distracted driving by either the motorcyclist or other vehicle drivers. Cellphone usage, adjusting in-car entertainment or navigation systems, and other distractions significantly impair reaction times and decision-making abilities.

Poor Road Conditions: 

Motorcyclists are particularly susceptible to accidents caused by poor road conditions. Uneven surfaces, potholes, wet roads, and gravel can lead to a motorcyclist losing control.

Left-Turn Accidents: 

Many motorcycle accidents happen when cars make left turns in front of an oncoming motorcycle. These accidents often occur because the car driver fails to see the motorcycle or misjudges its speed.

Speeding: 

Both motorcyclists and car drivers guilty of speeding can increase the risk of accidents. High speeds reduce the time available to react to obstacles or unexpected maneuvers by other vehicles.

Impaired Driving: 

Driving under the influence of alcohol or drugs remains a leading cause of accidents, including those involving motorcycles.

Lane Splitting: 

While lane splitting (riding between two lanes of traffic) can be an advantage for motorcyclists in some areas with heavy traffic, it also poses risks. Close proximity to cars, reduced space to maneuver, and car drivers not anticipating such moves can lead to collisions.

Inexperienced Riders: 

Inexperience can be a significant liability on the road. Novice motorcyclists might not be capable of handling challenging road situations or be thoroughly familiar with their motorcycle’s operations, leading to accidents.

Understanding the dynamics of motorcycle accidents in Dallas is crucial for motorcyclists and other road users. Awareness of the statistics and common causes can foster safer driving habits, potentially reducing the number of tragic accidents on Dallas roads. As always, it’s imperative for all road users, including motorcyclists, to stay alert, adhere to traffic rules, and prioritize safety.

While not wearing a helmet in Dallas can introduce challenges to your motorcycle accident case, it doesn’t automatically rule out your rights to file a personal injury claim and seek compensation. Here are things we can consider:

Texas Helmet Law

In Texas, motorcyclists aged 21 and older can legally ride without a helmet if they have completed a safety course or are covered by an applicable health insurance plan.

Riders under 21 are required to wear a helmet.

If you were over 21 and met one of the criteria, not wearing a helmet won’t be considered a traffic law violation. If you were under 21, you’d  be in violation of the helmet law, which could complicate your case.

Contributory Negligence

Texas follows a “modified comparative fault” system. This means if you’re found partially at fault for your injuries, any compensation you receive could be reduced by the percentage of fault attributed to you.

Nature of Injuries

If your injuries are head or brain-related and you weren’t wearing a helmet (especially if under 21), the defense will likely argue that the helmet could have prevented or reduced the severity of the injury.

However, if your injuries aren’t related to the head or neck (e.g., a broken leg), then not wearing a helmet might be less relevant to injury compensation.

Jury Perceptions

Regardless of the specifics of Texas law, jurors might have personal beliefs about helmet use. If they feel you acted recklessly or irresponsibly by not wearing a helmet, it might influence their decisions on fault and compensation, even if you were legally entitled not to wear one.

Allbee Law Firm can advise you on the implications of not wearing a helmet for your case and build a robust defense to counteract potential arguments made by the other side.

Yes, family members can typically file a claim if a motorcycle accident results in the death of a loved one. This kind of claim is generally referred to as a “wrongful death” claim. Here’s an overview of the process and the potential parties involved:

Eligibility to File:

The eligibility to file a wrongful death claim often depends on the specific jurisdiction’s laws. In Texas, the following parties might be eligible:

• Spouse of the deceased.
• Children of the deceased.
• Parents of the deceased, especially if the deceased was unmarried or a minor.
• Representative of the deceased’s estate

Potential Damages:

Compensation in wrongful death cases can cover a range of damages, including but not limited to:

• Medical expenses incurred before death.
• Funeral and burial costs.
• Loss of income and future earnings.
• Loss of companionship, love, care, guidance, and nurturing.
• Pain and suffering of surviving family members.
• Punitive damages if the act leading to the death was particularly reckless or malicious.

Establishing Fault:

As with other personal injury claims, to secure compensation in a wrongful death suit, one must generally prove that the death was due to another party’s negligence, recklessness, or intentional act.

Allbee Law Firm can support you through these challenging times. We can guide your family through the legal process, gather requisite evidence, negotiate with insurance companies, and, if necessary, represent your family in court.

Motorcycle accidents can result in serious injuries due to the limited protection a motorcycle provides compared to enclosed vehicles. If involved in an accident, seeking immediate medical attention, even if injuries seem minor initially, is vital. Some injuries might not manifest symptoms immediately but can be life-threatening if left untreated.

Road Rash:

Road rash occurs when a biker slides across the pavement, causing the skin to scrape off. It can range from minor abrasions to severe wounds requiring skin grafts.

Fractures and Broken Bones:

The impact during a crash can break or fracture bones. Commonly broken bones include the arms, legs, collarbone, wrists, and ribs.

Head And Brain Injuries:

Even with a helmet, bikers are susceptible to concussions or traumatic brain injuries. Head injuries can lead to permanent cognitive issues, memory loss, or other long-term disabilities.

Spinal Cord Injuries:

A severe blow or twist to the spine can result in partial or complete paralysis. Spinal cord

injuries can lead to life-altering consequences, including the loss of mobility or sensation.

Biker’s Arm:

When bikers fall during an accident, their natural instinct is to put their arms out to protect themselves, leading to nerve damage in the arms.

Leg And Foot Injuries:

While these might be less life-threatening, they can be debilitating. Injuries can range from minor cuts and bruises to severe bone fractures.

Internal Injuries:

‘The impact of a crash can cause damage to internal organs, internal bleeding, or punctured lungs. These types of injuries require immediate medical attention.

Facial Injuries:

Without a full-face helmet, riders are at risk of facial fractures, dental injuries, and lacerations.

Burns:

In cases where the motorcycle catches fire or comes into contact with hot parts of vehicles, riders can sustain burn injuries.

Muscle Damage:

Besides visible injuries, bikers can also experience muscle damage which can have long-term effects if not treated properly.

Eye Injuries:

Debris from the road or the accident can lead to eye injuries, which may cause permanent vision problems if not addressed promptly.

Disfigurement:

Severe accidents can lead to permanent scars and disfigurement, impacting a victim’s quality of life and mental well-being.

Emotional and Psychological Trauma:

Beyond the physical wounds, many bikers experience post-traumatic stress disorder (PTSD), depression, anxiety, and other psychological effects following a severe accident.

If you have a pre-existing condition that became exacerbated by a motorcycle accident, it doesn’t automatically disqualify you from seeking compensation for your injuries. However, it does introduce nuances that need careful consideration. Here’s how such situations are typically addressed:

The “Eggshell Plaintiff” or “Eggshell Skull” Rule:

This legal principle acknowledges that a defendant takes a plaintiff “as they find them.” In other words, if you had a pre-existing condition that made you more susceptible to injury, and an accident worsened that condition, the at-fault party is still generally liable for all resulting damages, even if the injuries are more severe than what would typically be expected.

Distinguishing New Injuries from Pre-existing Conditions:

It’s essential to differentiate between the injuries directly caused by the accident and the worsening of pre-existing conditions. Medical evaluations and documentation are crucial in this regard.

Burden of Proof:

The injured party (the plaintiff) is responsible for proving that the accident worsened the pre-existing condition. Meeting the burden of proof usually requires detailed medical records, expert testimonies, and sometimes comparative diagnostics showing the condition’s progression before and after the accident.

Potential Defense Strategy:

The at-fault party or their insurance company might attempt to argue that the damages you’re claiming are solely the result of your pre-existing condition and not the recent motorcycle accident. This is a common defense strategy to minimize compensation. This strategy makes your medical evidence and expert testimonies even more vital.

Reduction In Compensation:

While you can claim compensation for the aggravation of a pre-existing condition, it’s essential to be transparent about it. Failure to disclose or attempts to hide such conditions could harm your credibility and potentially reduce the compensation you receive.