Riding a motorcycle can be a fun way to enjoy the Dallas’ nice weather. Unfortunately, motorcyclists face a higher risk of serious personal injury and wrongful death when involved in a motor vehicle collision. Road rash, fractures, traumatic brain injury and even death are the unfortunate consequences of when cars or trucks collide with a motorcycle.
When looking for a personal injury attorney, look for a Board-Certified Personal Injury Trial Law attorney with extensive experience in motorcycle cases like Miller Weisbord Olesky. We have the certifications held by less than 3% of all Texas attorneys when it comes to handling motorcycle personal injury cases in Dallas and surrounding areas.
The National Highway Traffic Safety Administration (NHTSA) reports that per vehicle miles traveled in 2021, motorcyclists were 24 times more likely to die in a motor vehicle crash than passenger vehicle occupants and were four times more likely to sustain injuries. If you or someone you know has been injured while riding a motorcycle due to someone else's negligence, you should speak with a motorcycle accident lawyer who can review your case and help you get the justice and compensation you deserve.
Winning for Motorcycle Riders Injured by Others
Our motorcycle riding client was on his way to work early one morning in Dallas County. A construction company truck tried to beat traffic and pulled directly in front of our client causing a collision resulting in a traumatic brain injury. After filing suit, having our client evaluated by work class brain injury specialists and preserving surveillance video from surrounding businesses we won our client a $3,200,000 motorcycle injury settlement.
Board-Certified Personal Injury Attorney
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.
The folks at Miller Weisbrod really came through for me. I was hit in a head-on collision by a driver who was under-insured, and these folks really saved me. I highly recommend them for their excellent care and concern, I'm thankful that I chose them to represent me.
Josh H.
Miller Weisbrod Olesky Client
Motorcycle Accident Statistics in Texas
What percentage of motorcycle riders get into accidents?
In Texas, 562 motorcycle riders were killed, and 2,422 suffered severe injuries in 2022. On urban and rural roadways, 67% of all fatal accidents happened in urban areas compared to 32% in rural locations. In 2020, there were 2,741 fatal two-vehicle collision crashes involving a motorcycle and another type of vehicle. 42% of these crashes involved other vehicles turning left while the motorcycles were going straight, passing, or overtaking other vehicles. According to the NHTSA, speeding is one of the most prevalent factors contributing to 31% of all fatal crashes.
Most Common Types of Motorcycle Injuries
Motorcycles offer riders almost no protection from an impact with another vehicle or object. As a result, motorcyclists are more likely to sustain life-threatening injuries when involved in a collision with a standard passenger vehicle.
Some of the most common injuries motorcyclists sustain in accidents include:
Neck injuries
Burn injuries
Traumatic brain injuries
Broken or fractured bones
Road rash
Whiplash
Bruises and cuts
Loss of limbs
Lacerations
Spinal cord injuries
Skull or spine fractures
Sprains or strains
Disfiguring facial injuries
Internal injuries
Organ damage
Concussions
Psychological trauma
After sustaining long-term serious personal injuries in a motorcycle accident, the impact on a person's life can be profound. Some examples of the most common prolonged effects motorcycle accident victims are forced to deal with include a diminished quality of life, loss of enjoyment, overwhelming pain and suffering, and mental impairments from depression, stress, and anxiety.
Reaching out to a trusted motorcycle accident attorney is the best way to prepare for the long-term effects of a motorcycle crash. At Miller Weisbrod Olesky, our motorcycle accident lawyers understand the complex nature of the Texas legal system and are prepared to aggressively pursue the compensation you deserve after an accident.
Dallas Motorcycle Helmet Laws
According to Texas motorcycle helmet laws, motorcycle drivers and riders 21 and older who have proof that they have successfully completed a motorcycle training course and have a medical insurance policy may ride without a helmet. However, Texans under 21 must wear a helmet while riding, regardless of whether they have health insurance or completed motorcycle safety training. Make sure you're legally exempt from these requirements before leaving your motorcycle helmet at home.
In the event of a collision, helmets are proven to be the best way to reduce the risk of injuries and fatalities. According to the CDC, helmets prevent 37% of motorcycle fatalities and 41% of passenger fatalities. Not only is it crucial to consider the long-term physical consequences of wearing a helmet, but it is also essential to understand that failing to wear a helmet could affect your ability to pursue compensation for your accident injury.
What Are Common Causes of Motorcycle Accidents?
While motorcycles comprised only 3% of all registered vehicles, in 2021, they accounted for 14% of all traffic fatalities. Most often, motorcycle collisions occur suddenly and without warning, leaving victims to deal with the devastating aftermath, which typically involves severe injuries and damages. Understanding the common causes of motorcycle accidents is valuable for any motorcycle operator and can help mitigate risk.
Here are some of the most common causes of motorcycle accidents:
If you've been injured by a negligent driver in a motorcycle accident, knowing how the collision occurred will give your motorcycle accident lawyer a better idea of who should be held responsible for the crash. An experienced motorcycle crash attorney in Dallas will thoroughly examine the details of your case to determine who is liable for your injuries, losses, and bring all at-fault parties to justice.
Steps to Take in the Aftermath of a Dallas Motorcycle Accident
The aftermath of a motorcycle collision can be stressful and chaotic. Victims suffering from a personal injury or emotional shock may find it difficult to think clearly and are often unable to focus on practical issues.
Following a motorcycle accident in Dallas or elsewhere in Texas, there are critical steps you should take to ensure you are in the best position to protect your health, well-being, and legal right to compensation. If you are involved in a motorcycle crash with a negligent driver, understanding what precautions you should take is critical to make things go more smoothly.
Here is an overview of what to do after a motorcycle accident in Dallas:
Check for injuries: After a collision, it is easy to panic or fly into a rage at the other driver. It is in your best interest to stay calm and make your health your first priority after a crash. Give yourself some time to calm down and check yourself for obvious injuries like lacerations or broken bones. If you or other parties involved in the accident are injured or need help, you are legally obligated to remain on the scene.
Even if you feel fine or have minor injuries, you should still seek medical attention as soon as possible. Not all injuries, such as internal bleeding or concussions, are immediately apparent and could worsen when left untreated.
Move to a safe location: If you're well enough, move to the side of the road or another safe location away from traffic. To prevent further collisions on the roadway, you should move your motorcycle and other disabled vehicles to the side of the road or another safe location. If you cannot move your bike, leave it where it is and wait for police to arrive with a tow truck.
Call 911: One of the first things you should do if you are injured in a motorcycle accident is call the police and paramedics. The report from the police will document the facts of the accident, including who was at fault, what damages were done, and other critical information regarding the collision.
When it comes time to file an insurance claim or motorcycle accident lawsuit, this information will be incredibly useful and can help prove your innocence. Your Dallas motorcycle accident lawyer can assist you in obtaining a copy of the police report.
Take photos or videos of the accident scene: Photograph or take videos of the accident scene, including damage to your motorcycle and all the vehicles involved. You should also take pictures of the layout of the accident scene, the path you and other vehicles involved were traveling, and any skid marks or debris on the road.
If you are badly injured or unable to gather evidence, prioritize seeking medical assistance immediately. Enlist the help of our Dallas motorcycle accident lawyers who can get to work preserving evidence and advise you on your unique situation.
Exchange information with other involved parties: After the collision, exchange insurance information with any drivers involved. You should also obtain their names, addresses, and phone numbers. Take photos of their IDs and auto insurance information. Collecting this information is essential to file a claim with the insurance company.
If you are involved in an accident with a driver who does not have insurance, you can file a claim with your insurance company under your uninsured motorist coverage policy.
Acquire witness information: Ask anyone who may have witnessed the accident for their names and phone numbers. Witnesses can help bolster your claim by providing a statement to the police and your insurance company regarding their account of the events that led to the crash. Another way you can collect witness testimony is by talking to bystanders who saw what happened and taking down their written statements.
Contact a motorcycle accident lawyer: You are more than likely to be contacted by the at-fault parties' insurance adjuster after the accident. Although they may request a statement from you, it is in your best interest to politely decline and have them contact the Dallas motorcycle accident lawyers at Miller Weisbrod Olesky. The insurer can use anything you say against you to minimize or even deny your accident claim.
When it comes to protecting your legal right to compensation, seeking legal representation from a seasoned motorcycle accident lawyer is in your best interest. At Miller Weisbrod Olesky, we provide all our clients with powerful and aggressive representation and have substantial experience recovering millions in settlements for motorcyclists injured or killed in crashes.
Forms of Compensation Available to Motorcycle Accident Victims
Motorcycle accidents can have lasting effects on a person's life. If you've been involved in a motorcycle accident, you may be suffering from mental, or physical trauma. Ideally, your settlement amount should reflect your legal damages or all the ways you have suffered from the accident. In a motorcycle accident, the forms of compensation you may be eligible to receive are divided into three categories.
These include:
Economic damages: These types of damages include any financial losses you've suffered because of the accident, such as reimbursement for medical bills, future medical costs, expenses related to repairing or replacing your motorcycle, lost wages, and other out-of-pocket expenses like any costs associated with travel to and from doctors' offices.
Non-economic damages: You may also be entitled to non-economic damages. These types of damages include the more unquantifiable costs. Non-economic damages are intended to compensate you for the emotional pain you've suffered, loss of consortium, physical impairment, pain and suffering, mental anguish, disfigurement and reduced quality of life.
Punitive damages: In some personal injury cases, punitive or exemplary damages are awarded when a defendant's behavior is particularly malicious or reckless. For example, you may be able to recover punitive damages if you were involved in a motorcycle accident that was caused by a distracted or intoxicated driver. Punitive damages are designed to punish those guilty of especially egregious behavior and deter others from committing similar acts in the future.
Filing a Motorcycle Accident Wrongful Death Lawsuit
If your loved one dies in a motorcycle accident, your family members may be able to recoup compensation to cover all the costs associated with their loss. It is essential to remember that the damages you may be eligible to receive are based on your relationship with the deceased, and more than one family member can be awarded compensation.
According to Texas Civil Practice and Remedies Code Title 4, Chapter 71, only legal surviving spouses, children (biological or adopted), the personal representative of the deceased’s estate, and parents of the deceased are allowed to file a wrongful death claim. If adoptive children qualify file a claim for recovery for their biological parents, they may not be eligible for recovery for their adoptive parents. Unfortunately, siblings, significant others, and other close relatives cannot bring a wrongful death suit in the state. Additionally, foster parents, stepparents, and stepchildren are ineligible to file wrongful death lawsuits.
While the grief and confusion associated with a fatal motorcycle accident can be overwhelming, with the support of a motorcycle accident lawyer, your family can pursue compensation and obtain justice for your loved one.
Some of the possible damages you may be able to recover after a fatal motorcycle crash include:
Funeral and burial expenses
Loss of financial support
Loss of companionship or consortium
Medical bills
Emotional pain and suffering
Loss of services or parental guidance
Rather than attempting to deal with an auto insurance company on your own, you should hire a Dallas motorcycle accident lawyer who can provide you with individualized representation and pursue the compensation you deserve on your behalf.
How Long Do I Have to File a Motorcycle Accident Lawsuit?
Statutes of limitations are a set of very specific, legally set deadlines for how long you have to file a charge, claim, or some other legal motion for all types of legal matters, from criminal charges to personal injury lawsuits. In Texas, you have two years from the date of the accident to file a motorcycle crash claim.
If you miss this deadline, you could risk missing out on your chance to recover compensation for your injuries, losses, and other damages. In accident cases involving a vehicle operated by an employee of the state or any affiliates, a claim must be filed within six months of the date of the accident.
Speak With a Dallas Motorcycle Injury Lawyer Today
The only goal of an insurance company is to use their professional resources, knowledge, and experience against you to minimize or deny your claim altogether. Don't risk jeopardizing your chance of receiving a fair settlement award by handling a motorcycle accident claim on your own.
If a negligent driver injured you, our Dallas motorcycle accident lawyers at Miller Weisbrod Olesky can protect your legal right to compensation by negotiating with the insurance company and determining the best routes forward to ensure you receive a favorable outcome.
Partners Clay Miller, Les Weisbrod, and David Olesky are Board-Certified Personal Injury and trial lawyers who recovered multi-million dollar verdicts and settlements in over 300 cases on behalf of our clients. Only 6,900 of 110,000 practicing lawyers in Texas have met the TBLS’s requirements to become a Board-Certified Personal Injury Trial Lawyer. Every year, the TBLS certifies a large number of applicants; however, only a select and deserving few are awarded the title of Board-Certified attorney. To achieve certification, lawyers must meet a number of criteria and high standards of quality and ethics.
After a serious motorcycle crash, the last thing you should worry about is a complicated legal battle with an uncaring insurance company. Our motorcycle injury attorneys at Miller Weisbrod Olesky have decades of experience representing injured motorcycle accident victims and their families. If you were injured in a motorcycle accident and want to better understand your legal options, call us at 214-987-0005 or fill out our convenient online form to set up a free case review.
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
