Reed & Terry, L.L.P.

Recovering Damages in a Motorcycle Accident Case

By Jackson Reed on March 06, 2019

Motorcyclist on the roadRiding a motorcycle can be exhilarating, but it can also be dangerous. Motorcyclists are especially vulnerable on the road. In fact, thousands of motorcycle accidents occur every year. If your accident was caused by the negligent or reckless actions of another person or party, you may be due damages.

Establishing fault is the key to securing damages. If you suffered an injury in a motorcycle accident, the attorneys at Reed & Terry, LLP, can provide evidence showing that the other driver was responsible for your motorcycle accident. Learn more about the types of damages that may be awarded in motorcycle accident cases.

Motorcycle Law in Texas

Texas is an at-fault state, meaning that the person who is deemed responsible for the accident will be required to pay damages to the victim.

Here is a brief overview of Texas motorcycle law:

  • Motorcycle riders are required to wear a helmet with two exceptions: they are 21 years old and have completed a training course, or have at least $10,000 in medical insurance coverage.
  • Passengers must wear a helmet if they are under 21 years of age.
  • Motorcycle owners are required to have insurance (the court may take into consideration whether or not the rider was insured at the time of the accident).

Duty of Care in Motorcycle Accidents

Because motorcycles are smaller and more mobile than other vehicles, they pose unique challenges to other drivers. For example, a driver turning left is less likely to notice an oncoming motorcycle due to its size. However, it remains the driver’s responsibility to ensure there is no oncoming traffic before turning.

Motorcyclists have their own duty of care that includes the aforementioned motorcycle laws. To prove negligence in a motorcycle accident case, victims must prove that they were owed a duty of care, that is, that the other driver was obligated to operate in a certain manner, and that the driver’s failure to uphold that duty resulted in the victim’s injury.

Damages in Motorcycle Accident Cases

There are many scenarios in which an automobile driver may be responsible for a collision with a motorcycle. Among others, they may fail to see or neglect to yield for an oncoming motorcyclist.

When a driver is at fault for a crash, he or she may be responsible for paying the victim damages including:

  • All medical costs associated with the accident
  • Lost wages resulting from time missed from work
  • Reduced earning capacity due to an inability to return to work
  • Mental anguish and pain and suffering

The total amount of damages the victim will receive depends on a series of factors, including the severity of the injury and how quickly, if at all, the victim is able to recover.

Contact a Motorcycle Accident Attorney

The motorcycle accident attorneys at Reed & Terry, LLP, may be able to help you recover compensation for your short- and long-term medical bills, lost wages, reduced earning capacity, and emotional trauma. Contact us online or call (281) 201-0988.

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