Fatal Motorcycle Accidents

Our motorcycle accident legal team is led by Clay Miller who is Board-Certified in Personal Injury trial law by the Texas Board of Legal Specialization. This means he has tried numerous cases to a jury verdict, passed a rigorous background study with recommendations from judges and other board-certified attorneys and passed a day long examination given once a year.

Less than 3% of all attorneys in Texas have any board-certification and even less have a board-certification in the area of Personal Injury Trial Law. This certification proves your legal team does more than “talk the talk”, these attorneys walk the walk when it comes to proving expertise for personal injury and wrongful death clients.

Our law firm has recovered more than $1.3 Billion in settlements for clients in all kinds of personal injury, wrongful death, motor vehicle accidents, truck accidents, construction accidents and even medical malpractice lawsuits.

Texas Motorcycle Deaths: Recent Facts and Statistics

In Texas, the number of motorcycle accident fatalities has been on a worrying upward trend, increasing for the fifth consecutive year to a record high in 2023. This alarming rise, as reported by the Texas Department of Transportation (TxDOT), saw more motorcycle riders losing their lives in accidents last year than in any other year in the state's history.

The number of motorcycle deaths across the state increased by 7% from 2022 to 2023, with intersection fatal crashes increasing by 21%. These figures translate to just under 600 motorcyclists being killed in crashes, and more than 2,400 seriously injured. The majority of these fatalities occurred in urban areas (55%), where traffic density and speeds are typically higher when compared to rural areas (45%).

Among Texas cities with the most motorcycle fatalities, Houston and San Antonio took the top two spots, while Fort Worth ranked third and Dallas came in fourth. The NHTSA reports that the most dangerous areas for most riders are intersections, with more than a third of all biker deaths occurring at intersections or being intersection related.

The most dangerous intersections and roads in Texas are:

Houston

• Sam Houston Parkway (TX-8) and Bissonnet Street (Houston)
• Sam Houston Parkway and Hardy Road (Houston)
• Sam Houston Parkway and Westheimer Road (Houston)
• South Loop and Main Street (Houston)
• I-45 and Greens Road (Houston)
• Main Street and Sam Houston Parkway (Houston)
• Sam Houston Parkway and Beechnut Street (Houston)
• U.S. 290 and FM 1960 (Houston)
• I-45 and Loop 336 (Conroe)
• Texas 6 and U.S. 59 (Sugar Land)

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Dallas

• Belt Line Road and Midway Road (Dallas)
• Coit Road and Spring Creek Parkway (Plano)
• Texas 121 and Preston Road (Frisco)

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San Antonio

• I-10 and Loop 1604 (San Antonio)
• Braun Road and Loop 1604 (San Antonio)
• Loop 410 and Culebra Road (San Antonio)
• Bandera Road and Loop 1604 (San Antonio)

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Austin

• I-35 and Parmer Lane (Austin)

These sobering facts and statistics about motorcycle accidents in Texas underscore a troubling trend that calls for urgent action to enhance road safety through prevention initiatives such as awareness campaigns. Motorcycle riders can also protect themselves and potentially avoid being involved in an accident by undergoing proper training, keeping their bike in good shape, and gaining experience with riding in controlled environments.

What is Causing the Increase in Motorcycle Fatalities in Texas?

Many motorcycle accidents involving another vehicle are the result of mistakes made by reckless or aggressive drivers. The most common causes of rider fatalities are speeding, drunk driving, and driver inattention. According to NHTSA data, speeding results in approximately 34% of motorcycle accident deaths.

Motorcycle fatalities (28%) were also more likely to be caused by impaired drivers compared to other types of accidents impacted by alcohol. Additionally, distracted driving has been a significant factor contributing to the increase in motorcycle fatalities in Texas. Recent statistics estimate that nearly 400 people lost their lives last year in preventable crashes because of distracted driving.

Left-turn accidents are some of the most dangerous for motorcyclists, accounting for 42% of all crashes. These figures underscore the preventable nature of many motorcycle accidents and the need for urging motorists to engage in responsible driving practices.

Some additional factors that lead to these catastrophic collisions include:

• Driving too close to the rear of another vehicle (tailgating)
• Making an abrupt or sudden stop
• A driver opening their car door right into the path of a motorcyclist (dooring)
• Disregarding the rules of the road
• Failing to exercise reasonable care when driving in bad weather
• Inexperienced drivers or bikers
• Changing lanes without signaling or checking blind spots

In some cases, motorcycle accidents may be factors other than the negligent actions of another motorist, such as:

• Road hazards/poor road conditions
• Mechanical problems
• Inclement weather

Motorcycles are some of the most vulnerable vehicles on the highway. Given their size, they are harder to spot, and provide the rider with little physical protection during accidents. When a motorcyclist is involved in an accident with a car or other motor vehicle in Texas, they are 28 times more likely to die and 4 times more likely to be injured.

To mitigate these risks, motorcyclists should take extra precautions, such as wearing a helmet and high-quality protective gear or increasing visibility while riding at night or in poor weather conditions by wearing brightly colored clothing or adding reflective tape to their bikes.

Additionally, when sharing the road, it is imperative that drivers maintain a heightened awareness of the traffic around them. This heightened awareness can help prevent accidents and ensure the safety of all road users.

Tips for Sharing the Road with Motorcycles Safely

Motorcyclists and other motorists must remain vigilant and aware of their surroundings while driving. If every motorist follows safer driving practices, the number of fatalities and injuries on the road can be reduced.

Drivers and bikers can help stop this rising trend of motorcyclist deaths by:

• Keeping an eye out for motorcyclists when driving
• Taking an extra moment to look twice for motorcycles before turning or changing lanes
• Using turn signals and checking mirrors and blind spots
• Letting motorcyclists pass first and avoid turning left in front of them
• Avoiding distractions like texting and following posted speed limits
• Paying special attention when driving through intersections
• Giving motorcycles extra space to stop or slow down
• Maintaining a safe distance
• Driving according to conditions and slowing down when necessary

Motorcycles should be respected and given the same consideration as other vehicles. This includes recognizing the unique challenges motorcyclists face and making a conscious effort to share the road responsibly. By implementing these safety tips and practicing awareness on the road, both drivers and motorcyclists can contribute to a safer and more harmonious coexistence.

Common Injuries After a Motorcycle Accident

Operating a motorcycle can be dangerous, and the possibility of getting into an accident and sustaining a serious or life-threatening injury is an unfortunate reality that remains a constant concern for riders.

In the event of a crash, helmets have the power to save lives and should be worn at all times when operating a motorcycle. Upon harsh impact, the brain can collide with the skull, causing traumatic brain injuries, paralysis, or even death. While motorcycle accident fatalities pose a significant risk, the possibility of significant life-changing injuries that do not always lead to death should not be ignored.

Here are some of the most common injuries suffered by motorcycle riders:

• Head and Brain Injuries: An unfortunate but common occurrence among motorcycle accident victims are head injuries. Head injuries caused by motorcycle crashes can range from concussion to severe brain damage that impacts a person's cognitive function, mobility, and overall quality of life. For these reasons, motorcyclists must protect their heads by wearing a helmet.

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• Road Rash: This type of skin abrasion occurs when riders are thrown off their bike and slide onto the pavement. Wearing proper protective gear, including jackets and pants with abrasion-resistant materials, can reduce the risk of painful abrasions, lacerations, and skin infections. If a motorcyclist gets road rash, they need to clean the injury, put a bandage over it, and keep it dry. Prompt medical attention is required in severe cases as these abrasions are highly susceptible to infections and can even cause serious complications such as nerve damage.

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• Broken or Fractured Bones: A person's bones are the most vulnerable part of the body in a motorcycle collision. Motorcycles are not stable when they are upright. The rider's leg can be caught under the bike if it falls over in an accident. Additionally, when motorcyclists try to catch themselves to break a fall, they often fracture their wrists and arms. Fractures of the arms, legs, hips, and collarbones can lead to chronic pain and limited mobility. Accident victims surviving the crash who sustain fractures or broken bones may require surgeries and prolonged rehabilitation.

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• Spinal Cord Injuries: Whenever the spine is injured in a crash, it can result in partial or complete paralysis and affect motor and sensory function below the injury site. Individuals who hurt their spinal cord in a collision often require extensive medical care, adaptive equipment, and ongoing support. Even breaking a bone in the neck can be serious because it might pinch the spinal cord and make it hard for the victim to move and do a lot of the things they used to do.

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• Amputation: In a motorcycle crash, extremities like arms and legs can be particularly vulnerable. An accident resulting in the loss of a limb or extremity of the body is a horrifying and traumatic event that will affect the victim for the rest of their life. A traumatic amputation occurs when a limb is severed or cut off by a sharp object, such as metal, during a high-impact accident.
  
  If an accident results in complete traumatic amputation, the body part is totally severed. In a partial traumatic amputation, the limb or extremity is partially ripped, torn, or cut off, but some soft-tissue connection remains. The partially severed extremity may or may not be able to be reattached depending on the severity of the injury. A surgical amputation involves the deliberate removal of a limb through surgery, usually because it is determined to be medically necessary. A surgeon may need to cut off the limb if it is so severely damaged that it cannot be healed or repaired or if the limb is infected and poses a danger to the victim's life.

In accidents involving a motorcycle, the biker will often sustain serious injuries that require extensive medical treatment, including surgeries, rehabilitation, and long-term care. When a motorcyclist is involved in a crash and is able to leave the scene of the crash on their own, they should seek medical help within 24 hours.

Receiving medical treatment can help provide the necessary documentation to establish a clear timeline of what caused an injury and become a valuable source of information used by if they are considering filing a motorcycle accident claim or lawsuit.

Steps to Take After a Motorcycle Crash in Texas

Few things are scarier than getting into an accident while riding your motorcycle, and when the realization of what took place sets in, it can be hard to know how to respond. Furthermore, motorcyclists lack the protection of an enclosed vehicle, and if you've been involved in a crash, you are more likely to sustain significant injuries. Knowing what to do could mean the difference between protecting your rights and receiving fair compensation or being left to deal with piling medical expenses on your own.

Here is some advice on the best steps to take after a motorcycle accident:

• Prioritize your health and safety: After the accident, you should examine your body for visible injuries such as broken bones. However, it is essential to remember that you shouldn't assume that you are not injured just because you don't notice any apparent issues. Internal injuries may not be visible and can cause serious, long-term damage if left untreated. Additionally, if you fail to seek medical attention and discover that you were injured later, you might face greater difficulty pursuing fair compensation for your injuries. As you recover from the accident, it is essential that you follow all your doctor's advice and avoid allowing for any "gaps in treatment,” as it could affect the viability of your injury claim.

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• Call 911: You must call law enforcement if you're involved in an accident that results in "damage to a vehicle to the extent that it cannot be normally or safely driven" or the injury or death of another person. A police officer will ask you for a statement concerning the accident at the scene or when you are at the hospital. Keep in mind that from the moment law enforcement and insurance companies are notified, they begin looking for clues to determine liability. When giving your statement, be direct with your answers, but never admit any degree of fault. It may be difficult to recover compensation if you take any or all of the blame for the accident. Be sure to also ask for a copy of the police report, as it can be used by your motorcycle accident lawyer as evidence.

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• Take Photos of the Scene: Having pictures and videos of the accident can be extremely helpful in showing how it happened, and in some cases, this type of evidence may point to the negligence that caused the crash. You'll want to make sure to get pictures of your motorcycle, any other vehicles involved, and damage done to signs or other structures along the road. Accident scenes often need to be cleaned up quickly, so if you are physically able to be up and walking around, you'll want to get photos before everything has been moved.

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• Exchange Information with Everyone Involved in the Accident: Once the damage has been personally assessed between you and any other motorist(s), you'll need to make sure you can identify anyone involved and are able to file a claim with their insurance company. Be sure to write down their full name, contact information the year make, and model of their vehicle, and their policy, driver's license, and license plate number. Your dedicated motorcycle accident attorney will also need this information to keep an open line of communication with the other drivers and their insurance companies.

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• Interview Witnesses and Collect Statements: Beyond photographic evidence, talking to anyone who witnessed the accident and writing down their statements can also help support your claim. Interviewing multiple sources can help verify an objective version of what happened and who may have been at fault. As your attorney may need to follow up with any witnesses you've interviewed later, you'll also want to be sure to obtain their contain information.

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• Click Here to Call a Motorcycle Accident Attorney: Accident claims are often complex, and it is not in your best interest to try and negotiate with highly-trained insurance adjusters and lawyers, who will make it difficult to recover the compensation you need and deserve. You should contact a knowledgeable motorcycle accident attorney as soon as possible after a crash who can help protect your claim and reduce your stress throughout the entire process.

At Miller Weisbrod Olesky, we believe that having someone on your side fighting for your rights and advocating for your best interests is crucial in navigating the legal complexities of a motorcycle accident claim. Our experienced motorcycle attorneys have a deep understanding of personal injury law and will work tirelessly to ensure that you receive the compensation you deserve. With our help, you can focus on your recovery while we handle the legal aspects of your case.

What Type of Damages Can Be Recovered After a Motorcycle Accident

The damages you may be able to recover after a motorcycle crash will depend on the type of injury you've sustained and the severity of the harm involved. In motorcycle accident lawsuits, you can file a lawsuit against those responsible for the accident and seek financial compensation for losses that have a quantifiable monetary value (economic damages) and intangible losses (non-economic damages) with subjective value.

Economic damages refer to expenses such as:

• Medical costs (surgeries, hospitalization, physical therapy, etc.)
• Loss of earnings/wages (current and future)
• Property damage, like the cost to repair or replace your motorcycle
• Loss of earning capacity
• Other out-of-pocket expenses (prescription medications, in-house nurses, assistive equipment, etc.)

Non-economic damages may also be available for more unquantifiable costs, such as:

• Physical pain and suffering
• Loss of consortium
• Reduced quality of life
• Scarring, disfigurement, or disability
• Mental and emotional anguish

Under certain circumstances, punitive or "exemplary damages" are awarded if the jury finds that the driver engaged in especially negligent or reckless behavior, such as drunk driving. These types of damages are intended to deter others from committing similar behavior.

Filing a Motorcycle Wrongful Death Claim

Having a loved one die in a motorcycle accident is an incredibly tragic and heartbreaking experience that can leave lasting emotional scars on the victim’s loved ones. Even though the grief and confusion following a fatal motorcycle accident can be overwhelming, it's important for surviving family members to consult with a qualified motorcycle accident lawyer who can gather evidence, negotiate with insurance companies, and fight for fair compensation on their behalf for any losses and damages suffered. In Texas, only certain family members are entitled to file a wrongful death claim and recover compensation.

The following family members may file a wrongful death lawsuit:

• A surviving spouse
• A surviving child (adult or minor)
• A surviving parent(s)
• A legally adopted child of the deceased
• A surviving adoptive parent(s)
• A personal representative of the estate of the deceased

Some of the possible damages that these family members may be able to recover after a fatal motorcycle accident include:

Economic Damages

• Funeral expenses
• Burial costs
• Loss of retirement benefits
• End-of-life medical costs
• Loss of financial support
• Lost earning capacity of the decedent
• Loss of household services
• Loss of inheritance
• Other related expenses

Non-economic Damages

• Loss of companionship and consortium
• Emotional pain and anguish
• Loss of services or parental guidance
• The physical pain and suffering of the deceased before death
• Mental anguish of loved ones
• Loss of support and care

Surviving family members may also be awarded punitive damages if their loved one's death was caused by gross negligence or an intentional act. If you have lost a loved one, attempting to deal with an auto insurance company on your own can be overwhelming and emotionally draining. Let one of our experienced motorcycle accident lawyers evaluate your claim and advise you on whether an insurer's settlement offer is fair, as well as determine the full extent of injury-related losses in your wrongful death claim.

Statute of Limitations for Motorcycle Accidents in Texas

Texas Civil Practice and Remedies Code 16.003

If you have been injured in an accident, you have a limited time to file a lawsuit against the responsible party. The statute of limitations is the legal time-frame within which a plaintiff has to file a lawsuit against the person or entity responsible for their injury. The general personal injury statute of limitations in Texas is two years from the date of the accident. Waiting longer than two years to file your claim may cause you to lose your right to seek compensation for your injuries. When filing a case, it is crucial to act quickly and hire a personal injury lawyer who can ensure you meet all critical deadlines.

Contact a Texas Motorcycle Accident Lawyer Today

Recovering from injuries sustained in a motorcycle accident can be a long and challenging process that requires extensive physical therapy, regular medical check-ups, and a strong support system. If you were injured in a motorcycle accident in Texas, the last thing you should be worried about is going through the complex legal process alone. Our motorcycle accident lawyers at Miller Weisbrod Olesky have years of combined experience dealing with insurance companies and getting meaningful results for our clients.

Let us help you achieve a sense of closure by holding all responsible parties accountable and fighting for the compensation you deserve. Contact us by calling us toll-free at (888) 987-0005 or by filling out our convenient online form to schedule your complimentary case review and learn more about how we can assist you with your claim.