Because their bodies are so exposed, motorcycle riders are at far greater risk of serious injury than passenger car occupants. Motorcycle accidents, even at moderate speeds, often result in devastating injuries, such as broken bones, spinal paralysis and traumatic brain injuries. When injuries are severe, defendants and their insurance companies fight back hard to avoid paying full compensation for the victim’s pain and suffering, past and future medical bills, lost income, and other losses. The Porter Law Firm, P.C. has successfully represented motorcycle riders injured in Texas since 1997. Very few personal injury attorneys practicing in Texas are board-certified as a specialist in personal injury trial law. I am, and I am determined to use my skill, knowledge and experience to deliver the best possible results in your case.
Motorcycle accidents happen for all the reasons that auto accidents happen, but because of the size of the bike and its two-wheel construction, there are additional risks that inevitably lead to accidents. Most motorcycle crashes are due to operator error and include:
Training, experience and an emphasis on safety can save a rider from these accident triggers. However, there are also many ways that other drivers cause accidents, and these are harder to avoid:
When a negligent driver fails to take precautions and strikes a motorcycle rider, the rider should receive full compensation. I am determined to recover the damage award you deserve.
State law requires all motorcycle riders under the age of 21 to wear a helmet. Riders age 21 and over may ride without a helmet if they have completed an approved safety course and have purchased qualifying health insurance. A police officer may not stop a motorcycle simply to check whether the operator or a rider has met the requirements to ride without a helmet.
However, even if the law is on the side of a helmetless rider, medical science is not. Studies clearly show that a motorcycle rider is much more likely to survive a crash when wearing a helmet, and statistics bear this out. According to the Texas Department of Transportation, there were 496 people (operators and passengers) killed on motorcycles in 2016. Of these, 53 percent were not wearing helmets at the time of the crash. Additionally, 907 riders who suffered incapacitating injuries were not wearing helmets. These victims may have suffered significantly lesser injuries if they’d been wearing helmets.
Failing to wear a helmet can also damage your case for recovery under the state’s comparative negligence law. If you were not wearing a helmet when your accident occurred, the defendant can argue that you were also negligent, not in causing the crash, but in making your injury much worse than it had to be. Lack of a helmet doesn’t factor into your case if you’re claiming broken ribs, road rash, spinal cord trauma or any number of other injuries, but if you are claiming a head injury, you can expect the defense to try to reduce your recovery to the amount you would receive if your head had been adequately protected.
If you have been hurt in a motorcycle accident, trust your claim to a certified personal injury specialist. Call the Porter Law Firm, P.C. at 903-561-5144 or contact me online to schedule a free consultation at my Tyler office.