Serious Injuries Caused in Motorcycle Accidents
One of the most serious traffic accidents a person can experience is a motorcycle accident. Unlike passengers in cars and trucks, who have the added protection of seat belts, air bags, and a vehicle surrounding them, motorcyclists have no protection save their helmet and their protective clothing. Unfortunately, this does little to prevent serious and catastrophic injury in a crash with another vehicle. Common injuries in motorcycle accident include road rash, broken bones, neck injuries, spinal cord injuries, and brain injuries. Many motorcycle accidents also result in wrongful death.
Establishing Liability in a Motorcycle Accident
Many people jump to conclusions and assume that motorcyclists are at fault for their accidents because of recklessness. This is true in many cases, but a number of accidents are the result of a negligent or distracted driver who hit the motorcyclist because they failed to make sure there was no motorcyclist beside them when changing lanes or turning a corner. Brasher Law Firm, PLLC can thoroughly investigate your accident and gather evidence to prove that you were not responsible for your accident. We can then fight aggressively to recover maximum damages for any current and ongoing damages.
What if I wasn’t wearing a helmet?
Texas motorcycle law requires anyone under the age of 21 to wear a helmet when riding a motorcycle. If you are over the age of 21, you are not required to wear a helmet if you:
- Can prove you successfully completed a Texas motorcycle rider training program, or
- If you have $10,000 in medical insurance coverage that covers motorcycle accidents.
In Louisiana, however, the law states that anyone operating a motorcycle must wear a helmet that is properly secured by a chinstrap, regardless of age.
There are certain legal offenses related to not wearing protective headgear when riding a motorcycle. If you do not meet these requirements and are riding a motorcycle on a public street or highway, or if said headgear does not meet Texas and Louisiana safety standards, you can be arrested and fined. This also applies to a passenger on a motorcycle who does not meet the standards mentioned above. If you are riding without a helmet, you may still recover medical compensation if someone else caused the accident.
What is comparative negligence?
Let’s pretend you’re riding your motorcycle at night, on a dark highway, with a fair amount of traffic. You have a right turn to make ahead, and you give the car behind you fair warning with your turn signal. You slow down to make the turn and the car behind you plows into your rear end, sending you sailing through the air, and eventually to a hospital bed. The driver of the car behind you would be held fully responsible if your turn signal didn’t go out earlier that day without you knowing it.
This is one instance where comparative negligence would be used in court to appropriate fault between you and the driver that rear-ended you. Comparative negligence is basically a glorified blame game. In court, we will work to establish the driver’s recklessness. If he or she wasn’t following you so closely, this accident may have been avoided. This is just one argument that could be made in your favor.
Contact Brasher Law Firm, PLLC for a Free Consult
Speak with an injury attorney from Brasher Law Firm, PLLC today to schedule a free initial case evaluation. We would love to review your case and help you take the first steps toward a full recovery of your damages. Our firm is fully digitized and maintains access to all of our clients’ information on a private server, which makes us extremely portable. We are aggressive and take the initiative for each case, building it up from the very beginning and placing pressure on the defendant so that we maintain the upper hand.
I was scared to death after being on the witness stand for several hours. Clint Brasher kept reassuring me but, when we broke the trial for the day and I was offered $100,000.00, I wanted to take it. Clint advised me not to and that we would do better with the jury. While it was hard, I followed his advice. The verdict the next day was for $240,000.00 plus interest. I recommend anyone with a legal problem to call Clint Brasher. He was not only a skillful advocate, he was a friend to me during this difficult time.Edward Arabie
After being told by multiple lawyers that I really had no case or that my chances of being awarded any settlement was very slim, I was referred to the Brasher Law firm. Nishi worked on my case and with very little effort on my part, she put together my case with an opening statement and presentation that put my opponent on their heels. She set a goal from the start and didn’t relent until her goal was met and I got what was owed me. Thank you Nishi for knocking it out of the park!L. Smith