Motorcycle Accident Lawyer Austin

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.

Leading Causes of Motorcycle Accidents in Austin

There are numerous hazards motorcyclists encounter on streets and highways. Too often, motorcycle accidents occur when a negligent car or truck driver fails to keep watch for riders on the road. According to the NHTSA, approximately one-third of multi-vehicle motorcycle crashes are caused by other motorists turning into the path of a motorcycle. Being aware of the common causes of motorcycle accidents is a great way for riders to reduce the risk of a catastrophic accident.

Some of the top reasons why motorists cause motorcycle collisions include:

• Tailgating
• Driving at an unsafe speed
• Sudden stops
• Making unsafe left turns
• A car driver opens their door
• Driving carelessly in poor conditions
• Inexperienced drivers
• Changing lanes without checking blind spots
• Driving while under the influence of drugs or alcohol
• Swerving into the path of a motorcycle
• Becoming distracted behind the wheel

Common causes of motorcycle accidents that may not be caused by motorists include:

• Hazardous roadway conditions
• Inclement weather
• Vehicle defects or mechanical problems

When you’re involved in a motorcycle accident, whether caused by a negligent driver or an unforeseen circumstance, you may wonder what you should do next. Our skilled motorcycle accident lawyers will advise you on the best course of action to take and fight for the justice you deserve.

Motorcycle Accident Statistics Austin

In 2020, TxDot reported that although motorcycle accidents in Austin reduced by a 2% margin, the rate of motorcycle fatalities increased by 17%. According to AustinTexas.gov, in 2023, there were 11,944 crashes on the city’s roads. 82 resulted in deaths, and 430 individuals sustained serious injuries. The most common factors that contributed to these deadly collisions were speeding, distracted, and intoxicated drivers. Approximately three-quarters of accidents that resulted in fatalities in Austin happened on state-owned highways where people tend to drive faster.

Some of the most dangerous intersections and highways in Austin include:

• TX-71: Better known as Ben White Boulevard, traffic can get especially heavy by the Austin-Bergstrom International Airport.
• Interstate I-35: One of the busiest and most congested interstates in Texas. Road construction is also common on this highway.
• US-290: This east-west highway between Houston and Austin is notorious for heavy traffic and drivers who speed.
• Lamar Boulevard and Parmer Lane: With several fatal crashes occurring here in recent years, this intersection is considered to be one of the most dangerous in the city. The leading cause of accidents on this interstate was motorists driving at high speeds while making right turns.
• East Cesar Chavez Street and Pleasant Valley Road: Located in a busy residential and commercial area, this intersection has been identified as one of the most dangerous for pedestrians.
• Riverside Drive and South Congress Avenue: This intersection is located in an area where tourists frequent. It has been the site of several accidents and is known for its heavy traffic and merging lanes that are difficult to navigate.
• Burnet Road and Research Boulevard: This intersection has been the site of several accidents involving motorcycles over the years. Some of the blame for these collisions is heavy traffic flow and multiple lanes.

Compared to other Texas cities, motorists and motorcyclists were, on average, 39% more likely to be involved in an accident in Austin. Of the motorcyclists involved in crashes in 2021, six of the 165 helmeted motorcyclists died, and approximately 140 were injured. When compared to helmeted motorcyclists, unhelmeted motorcyclists were twice as likely to be involved in a fatal crash. Of the 80 unhelmeted motorcyclists who were involved in motorcycle accidents in the same year, seven were killed, and 67 were injured.

Most Common Injuries in Motorcycle Accidents

The open-air design of a motorcycle makes riding down the road through the beautiful Texas countryside an unforgettable experience. The same unenclosed design, however, also leaves riders vulnerable to severe or even deadly injuries. The National Highway of Traffic Safety Administration (NHTSA) reports that the risk of dying in a crash is 16 times greater for motorcyclists than for passenger car occupants. In many cases, motorcycle accidents can be catastrophic, but even when injuries are less severe, it is crucial to seek medical attention as soon as possible.

The following are some of the most common injuries sustained by motorcycle riders:

• Road rash
• Head and neck injuries
• Traumatic brain injuries
• Broken bones and fractures
• Limb amputations
• Paralysis
• Spinal cord injuries
• Internal injuries
• Back injuries
• Penetrating injuries
• Disfigurement
• Nerve damage
• Facial disfigurement
• Muscle damage
• Cuts and scrapes

While motorcycles are dangerous, engaging in safe riding techniques by wearing a helmet at all times, thick layers of protective clothing, and following posted speed limits and traffic laws can help keep the roads safe and reduce your risk of serious injury. Motorcyclists who sustain permanent, life-altering injuries may struggle with ongoing pain or long-term psychological consequences.

If you were injured by a careless driver in a motorcycle accident, you need skilled motorcycle accident lawyer who will work hard to get you full and fair compensation for your losses. The Motorcycle Accident Lawyers at Miller Weisbrod Olesky understand the difficulty that a motorcycle accident can cause and are committed to being at your side every step of the way so that you can get the compensation you need to recover.

What to Do After a Motorcycle Accident in Austin

Being involved in a motorcycle accident can be an overwhelming experience, leaving you feeling shaken and uncertain about what next steps you should take. In the moments following the accident, the steps you take can significantly affect your health and legal right to compensation. Taking the following steps after a motorcycle crash is essential to protecting your rights, preserving crucial evidence, and strengthening your personal injury claim.

Make sure everyone involved is safe

The first thing you want to do after an accident is check for injuries on yourself and any drivers or passengers in the other vehicles. Call an ambulance and wait for law enforcement to arrive at the scene if there are any injuries. When you are injured and someone else calls 911, you should allow emergency medical personnel to transport you to the hospital. If your injuries don’t appear serious, you should still make an appointment with your doctor as soon as possible.

Shock and adrenaline after a crash can mask external and internal injuries, which is why you should consider seeking medical attention even if you feel fine. When you wait too long to get treatment for your injuries, not only do you risk them worsening over time, but you could also jeopardize your right to recover compensation. Once you’ve determined you are not injured, move to a safe location away from traffic.

Call 911

Texas law requires motorists and motorcyclists to call 911 after a collision that results in death, serious injuries, or damage to property exceeding $1,000. Even if you aren’t legally required to call 911, reporting the accident to the police may still help protect you and your rights. Once a law enforcement official arrives at the scene, they will take statements from all involved drivers, measurements, and photos to compile an accident report. In the accident report, the police officer will typically make a determination of fault, which can serve as vital evidence that can be used to assess liability.

When the police question you about the accident, answer questions honestly and recount your perspective. Be careful not to apologize or say anything that makes it seem like you are admitting fault. Take down the responding officers’ name badge number and inquire about how you can obtain a copy of the accident report. If you decide to pursue a compensation claim with the insurance company, you can use the police report as evidence to strengthen your case.

Exchange information with other drivers

Gather information from all other drivers involved in the accident. Take down their names, phone numbers, driver’s license numbers, vehicle identification numbers, license plate numbers, and insurance information.

Gather witness statements

Interview anyone who witnessed the accident and take down their statements. Witness accounts can verify an objective version of what happened and help support your claim that the other driver’s negligence caused the accident. Once you have obtained a written or recorded statement of what they saw, ask them for their name and contact information. Getting their contact information is essential, as your attorney may need to follow up with them later.

Take pictures of the accident scene

When it comes time to make an insurance claim, photographic evidence is crucial and can help establish the extent of any damage to your bike and any injuries you’ve sustained.

You’ll want to take photos or videos of:

• The accident scene
• Where any involved vehicles ended up
• Damage to your motorcycle and the other vehicles involved
• Any visible injuries
• Relevant road conditions like debris on the road or skid marks

Additionally, you’ll also want to jot down notes about the time of the accident, location, date, and weather and lighting conditions. As evidence can be lost or destroyed if you don’t act quickly, preserving it at the accident scene is crucial. Collecting as much evidence as possible should be your goal after an accident, and providing your motorcycle accident attorney with evidence that documents the state of the accident is essential for understanding and proving fault.

Consult with an Austin Motorcycle Crash Attorney

After a motorcycle accident, hiring a knowledgeable motorcycle accident lawyer who can help you navigate the complex legal process and fight for the compensation you deserve can quickly set you on the path to financial recovery. If the insurance company calls, under no circumstances should you discuss the details of the accident with anyone but your attorney and the police.

Some of the numerous benefits a motorcycle injury lawyer can provide include:

• Evaluate your claim.
• Handle negotiations with the insurance company.
• Gather evidence to support your claim.
• Preserve all documents and paperwork.
• Build a strong case on your behalf and estimate its potential value.
• Ensure all deadlines are met.
• File a motorcycle accident lawsuit on your behalf and represent you in court.

Surveillance Footage in Motorcycle Accidents

At Miller Weisbrod Olesky, our motorcycle accident lawyers understand how stressful navigating the legal system can be. Whether you’ve suffered serious injuries or are dealing with insurance disputes after an accident, our attorneys are prepared to provide you with valuable knowledge and support to build a strong case on your behalf. In a motorcycle accident case, gathering compelling evidence plays a pivotal role in establishing negligence and improving your chances of receiving a fair settlement.

From dashcam footage to surveillance videos, obtaining visual records of the crash that offers an objective account of what really happened holds immense value. Because many businesses delete recordings, collecting videos evidence is usually easier immediately after an accident. The sooner you work with one of our skilled motorcycle crash lawyers, the more time they will have to start finding relevant video recordings, witnesses, and other forms of irrefutable proof of negligence to file your compensation claim faster.

When it comes to gathering video evidence, the first step our personal injury attorneys take is to carefully assess and identify the areas around the crash site that require surveillance. Our lawyers will accomplish this by looking inside the buildings of local businesses and the surroundings including all entrances, exists, and potential blind spots. Capturing and collecting footage from various angles will allow our motorcycle collision attorneys to better analyze the events that led up to the accident and identify factors like speeding or road hazards that may have contributed to the crash.

In cases where liability is being contested, video recordings provide an unbiased and accurate account of the sequence of events leading to an accident, leaving no room for dispute or doubt. By providing a comprehensive understanding of the events with compelling video evidence, we can help our clients seek justice and secure rightful compensation.

Recoverable Damages After a Motorcycle Accident

Facing financial hardship should never be a consequence of being involved in a collision with a reckless or negligent driver. A personal injury due to a motorcycle accident often results in devastating injuries that require expensive medical care.

After you or a loved one has been injured in a motorcycle crash, you may be entitled to recover compensation for any expenses or losses from the negligent motorist. The following are some types of damages you may be able to pursue after being involved in a motorcycle accident.

Economic Damages

Economic damages are meant to cover the costs you incur from the accident. Some of the most common types of economic damages awarded in motorcycle accident claims include:

• Medical bills (past and future expected costs)
• Loss of income (current and future)
• Property damage (motorcycle repair or replacement costs)
• Loss of earning capacity
• Other out-of-pocket expenses

Non-economic Damages

Non-Economic damages compensate you for unquantifiable losses you incur after a motorcycle collision. Some of the most common types of non-economic damages awarded in motorcycle accident claims include:

• Emotional pain and suffering
• Loss of enjoyment of life
• Mental Anguish and emotional distress
• Loss of consortium
• Disability
• Disfigurement from scars and other serious injuries

Under certain circumstances, punitive or “exemplary damages” are awarded in addition to compensatory damages. These damages are intended to punish the at-fault party for grossly negligent or malicious behavior. Punitive damages are also meant to deter others from engaging in similar behavior.

Filing a Wrongful Death Claim

Nothing is more painful or difficult than losing a loved one. In the wake of having someone suddenly taken away, many people are left with important questions. At times like this, you need a dedicated and compassionate attorney who can help you obtain a sense of closure by holding whoever caused the accident legally responsible.

In Texas, not all family members can file a wrongful death claim. The only family members who can recover compensation through a claim for wrongful death are:

• The surviving spouse
• Children (adult or minor)
• Parents of the deceased
• Surviving adoptive parents
• A legally adopted child of the deceased
• The personal representative of the estate of the deceased

To successfully file a wrongful death claim, the surviving family members must be able to prove the responsible party or parties’ negligence. An individual may be found negligent for an injury or death if they failed to act with the same level of care a reasonable person of ordinary prudence would exercise in the same or similar situation. For example, a motorist who caused a fatal motorcycle crash may be held responsible if they failed to obey traffic signs and use reasonable care to avoid causing the accident.

Once the lawsuit has been settled, the following compensatory damages may be awarded to the family:

Economic damages

• Funeral and burial costs
• Loss of retirement benefits
• Loss of financial support
• Loss of inheritance
• Loss of the deceased person’s future earnings
• Expenses related to medical treatment for the deceased

Non-economic damages

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

For some wrongful death cases, surviving family members may also be awarded punitive damages. These damages may be recovered if the death was caused by gross negligence or an intentional act. If you have lost a loved one, contact an experienced wrongful death attorney to find out your options for recovering damages.

Texas Statute of Limitations for Motorcycle Accident Claims

Texas Civil Practice and Remedies Code 16.003

In the event of an accident, the statute of limitations determines how long a plaintiff has to file a lawsuit against the person or entity responsible for their injury. In Texas, the statute of limitations for personal injury and motorcycle accidents is two years from the date of the incident. Failing to file your claim within this time frame could result in you losing your right to seek compensation. When filing a case, you should consider hiring an attorney who can ensure you meet all critical deadlines.

How Can our Austin Motorcycle Attorneys Help?

For the best outcome in your case, you need to work with a motorcycle accident lawyer who will guide you through your legal journey with compassion and care. Insurance companies are demanding and skilled at using tactics to get you to accept a premature, inadequate settlement. When you take on an insurance company alone, you risk accepting a settlement offer that doesn’t consider the full cost of your damages.

At Miller Weisbrod Olesky, our team is well-equipped to handle any communication with insurance adjusters and prevent them from harassing you. We have a strong history of proven results and have recovered more than $1.3 billion in settlements for our clients in a wide range of personal injury cases.

Relying on our team of nationally recognized leaders in plaintiffs’ personal injury trial law significantly increase your chance of recovering a successful of getting maximum compensation for your losses. Contact us today to set up your free, no-obligation consultation by calling our office toll-free at (888) 987-0005 or via our convenient online form.