Motorcycle Accident Lawyer Houston

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When riding a motorcycle, you're more likely to be involved in an accident than when you're riding in a car or truck. According to the National Highway of Traffic Safety Administration (NHTSA), motorcyclists are four times more likely to be injured in an accident than occupants of passenger vehicles. Additionally, despite making up only 3.5% of all registered vehicles in the United States in 2021, the fatality rate for motorcyclists was nearly five times the fatality rate for passenger vehicle occupants. When it comes to motorcycle fatalities, the Texas Department of Transportation (TxDOT) reports that Houston is the deadliest motorcycle accident city in Texas.

Motorcycle fatalities were highest in the state between May and October, accounting for 61% of the total number of accident-related deaths that occurred. The majority of motorcyclist fatalities occurred on urban roads (67%) than in rural areas (32%). Although motorcycle accident personal injuries vary greatly in severity and nature, even relatively minor accidents with a car or truck can leave motorcycle accident victims with serious injuries and permanent scars. Because motorcyclists are fully exposed to the elements around them, consistently wearing the proper safety gear, including helmets, is essential for protecting riders from certain injuries. The Centers for Disease Control and Prevention (CDC) reports that wearing a helmet while riding a motorcycle decreases the likelihood of sustaining head injuries and being killed in a crash by about 30%.

• I-610 (The Loop): The Interstate 610 Loop, which encircles much of central Houston, can be particularly challenging for drivers. It experiences heavy traffic, especially during rush hours, and its numerous exits and merges can lead to congestion and accidents.
• I-45 (North Freeway): I-45, especially in the area where it converges with I-610 near downtown Houston, is prone to traffic jams and accidents. This interchange is often congested and known for its complex lanes.
• I-10 (Katy Freeway): I-10, particularly the stretch known as the Katy Freeway, is one of the widest and busiest freeways in the country. Its high traffic volume and intricate interchanges can lead to accidents.
• US-59 (Southwest Freeway): The Southwest Freeway, another major artery in Houston, experiences heavy traffic and congestion, contributing to a higher risk of accidents, especially during peak travel times.
• Loop 610 and US-59 Interchange: This interchange is known for its complexity, with multiple lanes and merges. Navigating this area can be challenging and increase the risk of accidents.
• Westheimer Road: Westheimer Road, a major east-west thoroughfare, sees a significant number of accidents, often due to congestion and the large volume of commercial and residential traffic.
• Bellaire Boulevard: Bellaire Boulevard, especially in heavily populated areas of Houston, can experience congestion and a higher frequency of accidents.
• FM 1960: FM 1960, particularly in the northern suburbs of Houston, is known for its heavy traffic and accident-prone areas.
• Gulf Freeway (I-45 South): The Gulf Freeway, especially as it approaches Galveston, can be congested and experience accidents, particularly during holiday weekends.
• Shepherd Drive and Washington Avenue Intersection: This busy intersection is known for heavy traffic and a higher risk of accidents, including those involving pedestrians.

Remember, time is of the essence when it comes to motorcycle accident claims in Houston. Evidence can disappear, witnesses can become harder to reach, and insurance companies can gain higher negotiating power when time is running out. So, don't wait. Take action today by scheduling your free consultation with our trusted Houston motorcycle accident attorneys at Miller Weisbrod Olesky. Let us handle the legal complexities while you focus on your recovery and well-being.

Due to the lack of protection and size of motorcycles, collisions involving motorcycles are generally cause more serious personal injuries than other automobile crashes. Riders may be able to reduce the severity of or avoid some injuries altogether by wearing proper safety gear. Furthermore, understanding the various types of injuries that occur in motorcycle accidents is essential for riders to take appropriate safety precautions.

Some of the most common types of motorcycle accident injuries include but are not limited to:

• Road rash
• Whiplash
• Burn injuries
• Internal injuries
• Broken ribs
• Spinal cord injuries
• Soft tissue damage
• Back and neck injuries
• Muscle injuries
• Amputation limbs
• Organ damage
• Broken bones and fractures
• Abdominal injuries
• Facial disfigurement
• Traumatic brain injuries (TBIs)

Along with physical injuries, motorcycle accidents can also result in psychological trauma. One of the most severe mental health problems that are likely to affect injured motorcyclists after an accident is post-traumatic stress disorder (PTSD).

There are several symptoms associated with post-traumatic stress disorder (PTSD) after a motorcycle crash, including:

• Flashbacks
• Depression
• Having trouble concentrating
• Sleepless nights and recurring nightmares
• Withdrawal from friends, family, and daily activities
• Traumatic memories of the accident
• Increased alertness and anticipation of danger

After a motor vehicle accident, our bodies produce a rush of adrenaline. While you may not feel the brunt of your pain immediately, it could begin to manifest in the days and hours following the crash. Even if you are unsure whether you have been injured, you should seek immediate medical attention if you are involved in a motorcycle accident.

Some signs and symptoms of injuries like whiplash, strains, or internal organ damage may be delayed, and seeking prompt medical treatment can prevent your condition from worsening. Starting any necessary treatments as soon as possible will also create an official medical record you can use as evidence in your personal injury case.

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.

There is no doubt that riding a motorcycle is a popular and enjoyable pastime, and the last thing any motorcyclist wants to think about while on the open road is getting into an accident. Although this topic is unpleasant, understanding the causes of motorcycle accidents and areas where you can mitigate risk can help you better avoid ending up in a dangerous situation.

Here are some of the most common causes of motorcycle accidents:

• Distracted driving: When a driver gets behind the wheel and isn't paying attention to the road, it can be a recipe for disaster. Some examples of distracted driving include eating, texting, grooming, or interacting with passengers. The risk of a driver not seeing a motorcycle is greatest when a driver is distracted. Over the past ten years, the number of distracted drivers on the road has dramatically risen globally, likely due to the increased use of cell phones.
• Improper left turns: Drivers must yield to oncoming traffic before making a left turn. When a driver fails to see a motorcycle behind another vehicle, misjudges how quickly the bike is traveling, or tries to beat the light, it can lead to a tragic accident. These crashes often result in a motorcyclist being ejected from their bikes, causing the rider to sustain serious injuries.
• Speeding: Another common cause of motorcycle crashes is speeding. When a driver exceeds the posted speed limit, they may be unable to slow down or hit the brakes in time to avoid hitting a motorcyclist. Motorcycle riders often suffer more severe injuries when they're involved in an accident with a speeding driver because the force of impact is greater.
• Driving under the influence: Drivers get behind the wheel while under the influence of drugs or alcohol pose a significant risk to other drivers and motorcyclists, who are often less noticeable due to their smaller size. Individuals who drive while intoxicated are much more likely to cause a motorcycle accident because they typically experience blurred vision, muscle weakness, confusion, reduced reaction times, and other issues that make it difficult for them to safely control their vehicle. To avoid an impaired driver, motorcyclists should be on the lookout for irresponsible motorists if possible.

Additional causes of motorcycle collisions include:

• Road hazards
• Failure to yield
• Defective motorcycle or vehicle parts
• Tailgating
• Improper lane changes
• Passing too closely
• Fatigued driving
• Failure to check blind spots
• Dooring
• Aggressive or reckless driving

Missing a motorcyclist in a rear view mirror or blind sport is all too easy. Still, drivers are responsible for looking out for all types of vehicles on the roads. Even if you do everything you can to reduce your risk of being involved in an accident, even the most cautious motorcyclists are still at high risk of being involved in an accident.

In an instant, a motorcycle accident can drastically alter a person's life. If you were injured by a negligent driver in a motorcycle accident, get in touch with one of our motorcycle crash attorneys in Houston, who will strive to recover full and fair compensation on your behalf.

A motorcycle accident can happen in an instant, and the aftermath can be chaotic and confusing. When the realization of what just happened begins to set in, you may be uncertain of how to respond. Knowing what steps to take if you were involved in a motorcycle crash is essential not only for your health and well-being but also for your potential legal claim. After a motorcycle accident, take the following steps to maximize your chances of recovery:

Stay Calm and Assess Yourself for Injuries

The adrenaline you may feel after an accident can disorient you and make it difficult to understand the severity of your injuries. Seeking medical treatment as soon as possible is crucial after a motorcycle accident. Just because you don't notice any apparent signs of trauma, you should never assume you are fine.

Signs and symptoms of some injuries may be delayed, and if left untreated, they can lead to severe complications. Not only is getting all necessary medical care the best way to facilitate your recovery, but it can also help protect the validity of your claim and the value of your potential settlement.

Call 911

When a motorcycle crash results in injuries, death, or over $1,000 in property damage, you must call 911. As soon as an officer arrives at the accident scene, be sure to give them your complete and honest account of what happened without admitting fault. After giving your statement, you should request the officer's name, badge number, and precinct.

Once the accident report is complete, you can and should request a copy of the accident report. The police report can fill in many blanks if you are unable to gather evidence. The report will include key details about the accident, such as the location of the accident, the names of all drivers involved, license plate numbers for each vehicle, and witness statements.

Exchange Contact Information with Everyone Involved

After the accident, you will need to ensure you can identify all other parties involved. Be sure to write down their full name, contact information, insurance and policy number, driver's license number, and license plate number. Having this information will make it easier to take legal action against all liable parties.

Take Photos of the Crash Site

Accident scenes are typically cleaned up quickly, making it essential to take pictures or videos of anything you think might be relevant should you decide to pursue a motorcycle accident claim. Make sure to take photos of the damage to your bike and the other vehicles involved, the injuries you sustained, and any damage done to signs or other structures along the road. Having photos and videos of the scene can help explain how the accident occurred and potentially point to the negligence that caused it.

Collect Witness Statements

Obtain statements from anyone who witnessed the accident and write down their recollection of the accident. You should ask them for their name, contact information, and what they saw. Beyond photographic evidence, third-party testimony is useful in supporting your claim that the other driver caused the accident.

Consult with a Houston Motorcycle Accident Lawyer

Even if you don't think filing a motorcycle accident lawsuit will become necessary, having an attorney on your side who can negotiate a fair settlement with the at-fault driver's insurance company will put you in the best position to receive a favorable outcome. If you need to take your claim to court and argue your case before a judge, an experienced motorcycle accident attorney in Houston will be prepared to continue fighting on your behalf.

It is essential to keep in mind that when dealing with insurance companies, you need to exercise caution. An insurance adjuster from the other driver's insurance company will likely try to contact you. You should decline to answer any questions and consult with our Houston Motorcycle Accident Lawyers instead. Before accepting a settlement offer, you should consult with an attorney who can review the facts of your case.

The likelihood of catastrophic injuries in motorcycle accidents and the costs associated with treating those injuries tend to be high. As a result, damages in these cases are often higher than in car accident cases. The types of damages a motorcyclist may be eligible to receive typically fall into two categories: economic and non-economic damages.

Economic Damages Include:

• Past and future medical expenses
• Lost wages or income
• Future lost earning potential
• Motorcycle repair or replacement costs

Non-Economic Damages Include:

• Physical pain and suffering
• Physical Impairment or Disability
• Diminished quality of life
• Permanent scarring and disfigurement
• Mental Anguish

If the at-fault party acted extremely carelessly or was grossly negligent, punitive damages may be awarded to the victim. These damages are designed to punish the liable party for their especially reckless actions and are also meant to deter others from similar behavior in the future. The Houston motorcycle accident lawyers at Miller Weisbrod Olesky can help you determine the value of your claim and what you may be entitled to recover in damages.

When riding your motorcycle, you want to ensure you're prepared for anything that can happen. It's essential to have the right kind of insurance to help reduce or eliminate out-of-pocket expenses associated with being in an accident. Purchasing motorcycle insurance is an integral part of being a responsible citizen. In Texas, operating a motor vehicle or motorcycle without the required insurance proof is against the law. If you plan on riding your bike this year, consider reviewing the basics of Texas motorcycle insurance.

Coverage Requirements

Like any other state, all registered vehicle operators and those who operate a registered motorcycle in Texas must carry, at minimum, liability insurance. If you cause an accident, liability insurance pays for others' medical bills and property damage. It is important to remember that liability insurance doesn't cover any of the damage or repair costs to your motorcycle. For this reason, it is best to take out additional coverage to protect yourself, your passenger, and your bike.

The minimum liability limits are:

• $30,000 bodily coverage for each injured person
• $60,000 bodily injury coverage per accident
• $25,000 property damage coverage per accident

This basic coverage is known as 30/60/25 coverage. Although you can ride your motorcycle legally with this coverage, you may be sued for expenses that went over the coverage if your accident is very serious. Additionally, if you wish to have insurance pay for any damage to your motorcycle after an accident, you will need to purchase collisions and/or comprehensive coverage.

If you find yourself involved in an accident with someone who does not have enough insurance to pay for the total cost of your injuries and losses, uninsured/underinsured motorist insurance is also available. Considering the exposure motorcycle riders have, taking out additional coverage to help increase your safety on the road is highly recommended.

• Personal Injury Protection (PIP): This will help cover the costs of injuries for you, your passengers, and lost wages if you are injured and cannot return to work.
• Uninsured/Underinsured Protection: This type of coverage will protect you if you are involved in an accident with someone who doesn't have insurance or whose coverage is too low to cover all damages resulting from the accident.
• Collision Coverage: This covers the cost of damage to your motorcycle if you cause an accident. Before insurance kicks in, collision insurance requires that you pay a deductible.
• Comprehensive or non-collision coverage: This coverage can be used to pay for damages that occur due to theft, vandalism, or even weather.

Texas allows motorcyclists to meet insurance requirements with an alternate type of proof of financial responsibility.

Instead of traditional motorcycle insurance, you can meet these insurance requirements with a $55,000 deposit to:

• The county comptroller
• County Judge

A surety bond with:

• The county clerk (the bond must list at least two individual sureties, each of whom owns real property in the state that is not exempt from execution under Texas laws)
• A certificate of self-insurance through the Texas Department of Transportation

While the law does not require you to have insurance if you are involved in an accident while on your motorcycle in Houston, you must prove you have the means to pay for any resulting injuries or damage you cause. Texas is a fault-based state and when it comes to assigning financial responsibility the individual who caused the crash will typically be held responsible for paying for related injuries and losses.

Commercial Motorcycle Insurance

For fleets of motorcycles, rental bike companies, police departments, and other organizations commercial motorcycle policies offers blanket liability coverage. While most commercial insurers cover motorcycles under their vehicle fleet policies, the insurance company can work with you to customize to your business's needs.

Anyone who owns a motorcycle rental business will require a master policy to protect their fleet and a policy they can offer their customers if they request extra liability or injury insurance. If you own a motorcycle rental business, consider going with an insurance company specializing in insuring rental businesses.

The Cost of Commercial Motorcycle Insurance

Commercial motorcycle insurance costs vary depending on the business and the number of motorcycles insured. For individuals, the cost of motorcycle insurance typically ranges from $200-$500 per year. Having more motorcycles may result in a lower insurance premium. For instance, a motorcycle rental company might spend $80 per motorcycle per year and offer insurance packages to customers that start at $25 per day. The cost may be lower for companies because of the high number of bikes they own and because, in some cases, customers may bear some of the coverage responsibility.

As with other vehicles, you'll find many of the same standard coverage types. However, consider getting higher limits for physical damage and liability to better fit your business's needs.

Some examples of coverage you may need include:

• Bodily injury liability: This coverage can be used to pay medical expenses and court fees if another driver or passenger gets injured by your motorcycle.
• Property damage liability: This can be used to compensate other people involved in an accident with a company's bike for vehicle or property repairs.
• Excess liability: With this coverage, you can defend your business from court fees or damage that exceeds your other liability coverage limits.
• Collision: If an employee or customer wrecks your company's motorcycle, this can protect your business from a financial hit.
• Comprehensive: This ensures that your fleet is protected against theft.
• Towing or roadside assistance: This can cover towing costs and minor roadside repairs.
• Agreed value: For bikes worth more than the standard value, you might work with your provider to get a specific coverage limit.
• Customized coverage: Talk with an insurance representative if you require specific coverage or higher limits not listed on their website.

Having financial protection is essential if you're involved in a motorcycle accident. The experienced Houston motorcycle accident attorneys at Miller Weisbrod Olesky can provide you with the comprehensive legal guidance you need to pursue maximum compensation for your injuries and damages.

Navigating Texas laws can be complex, and the potential for making a mistake somewhere in the claims process is high. Trying to save some money on your case by representing yourself isn't worth risking your legal rights and ruining your claim for good. Enlisting the services of a motorcycle accident attorney in Houston can maximize your chances of a successful outcome in the following ways:

Communicate with the Insurance Company

In ensuring that your rights are protected throughout the claims process, communicating effectively with insurance companies is essential. Insurance companies are notorious for using various tactics to shift liability away from their insured parties in an attempt to minimize payouts. If you decide to deal with insurance adjusters directly, you risk saying something that could potentially harm your claim or decrease its value. A Houston motorcycle accident lawyer who understands these tactics and has experience handling these negotiations can take over communications with the insurance company on your behalf and fight for the full and fair value of your claim.

Collect and Preserve Evidence

A well-versed motorcycle accident attorney in Houston understands that evidence is your strongest ally; without it, you could lose your right to compensation. A lawyer can take the lead in collecting evidence for your case by using their extensive knowledge and resources to every relevant detail and build a solid case to support your claim for fair compensation. You can rely on your lawyer to investigate the accident and collect critical information about road conditions, traffic signals, and other contributing factors.

Your attorney can also interview witnesses, obtain the official police report, and gather all relevant medical documents. They may also work with accident reconstruction experts who can offer a clearer picture of the events by recreating the accident scene and analyzing the evidence. An accident reconstructionist can also provide expert testimony that can be used as evidence in court to support your case. As crucial evidence can be lost or tampered with if not handled properly, your Houston motorcycle accident lawyer can ensure that all relevant evidence, such as damaged vehicles or road conditions, is properly documented and preserved.

Ensure your Lawsuit is Filed On Time

Your Houston motorcycle accident lawyer can initiate a lawsuit on your behalf if a fair settlement cannot be reached through negotiations. In Texas, you must file your case within two years of the accident. Although some deadlines can vary depending on the specifics of your case, in most cases, you must file within the applicable limitations period to avoid losing your right to pursue compensation in court. A skilled motorcycle accident attorney can ensure you don't miss any critical deadlines.

Although most accident victims and their attorneys hope to settle cases out of court, this is not always possible. When settlement talks with the insurance company, fail to yield a satisfactory resolution, a seasoned attorney can advise you on your best options and bring their wealth of experience to the prospect of a trial. Throughout the court process, your lawyer will utilize their understanding of legal procedures and strategies to prepare and present your case and stand up to the insurance company and other liable parties.

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 Houston 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.

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