Scenario of Motorcycle Accidents in Corpus Christi
Statistics for fatalities and serious injuries resulting from motor vehicle accidents are on the rise in numerous categories. Motorcycle accident fatalities are no exception. According to the National Highway Traffic Safety Administration, motorcycle accident fatalities rose by 9% from 2019 to 2020.
According to the National Highway Traffic Safety Administration, the driver of a motorcycle is over 27 times more likely to die in an accident than someone in a contained automobile. Texas, specifically, has some of the highest motorcycle fatality rates in the nation.
Common Causes of Motorcycle Accidents
Motorcycle crashes can be the result of one or more causes. A Corpus Christi Motorcycle Accident Lawyer may help you file an injury claim if you have been injured due to one of the causes mentioned below.
- Unsafe lane changes. Motorcycles are much smaller than the average car or truck on the road, making them much more difficult to see in a blind spot. Unfortunately, this leaves motorcycles easy to miss when nearby drivers are making lane changes.
- Speeding. Whether it is a motorcycle or another vehicle, speeding creates a great risk for everyone sharing the road. Further, speeding is a factor in a majority of motorcycle accidents.
- Alcohol and drugs. Alcohol and drugs can negatively affect a driver’s reaction times, judgment, vision, and coordination.
- Lane splitting. Due to their small size and maneuverability motorcyclists are sometimes able to ride between rows of slow or stopped traffic driving the same direction. This practice, commonly referred to as lane splitting, is considered illegal passing in Texas.
- Left hand turns. Smaller and more difficult to see, motorcycles are commonly hit by other drivers who are making a left hand turn.
- Distracted driving. It only takes looking away for a second for a motorcyclist or another driver to cause a serious accident.
- Weather. With only two wheels and a driver unprotected from the elements, harsh weather such as rain, sleet, snow, hail, and wind present unique challenges for motorcyclists.
- Poorly maintained roads. Potholes, bad shoulders, and debris on the road are especially dangerous for motorcycles.
- Design and manufacturing defects. Mistakes in the design or manufacture of a tire, throttle, brake pad, or electrical system can lead to deadly results.
It can be a complicated process to handle all the legal work. However, an experienced Corpus Christi Motorcycle Accident Lawyer can assist you in making the overall process easier.
Common Injuries Suffered in Motorcycle Accidents
Many of the prominent features that make motorcycles appeal to riders also make them inherently unsafe. Small, fast, open to the elements, and void of safety protections, motorcycles open their riders to a broad array of possible injuries, up to and including death. Some of the most common injuries sustained in motorcycle accidents include:
- Head injury. Traumatic brain injury (TBI) is all too common in motorcycle accidents, especially in motorcyclists not wearing a helmet. Traumatic brain injuries can range from relatively mild concussions to severe paralysis and death.
- Spinal cord injury. Spinal cord injuries from motorcycle accidents can result in permanent loss of strength and sensation below the injury.
- Neck injury. The most common neck injury resulting from motorcycle accidents is whiplash, but the rapid force impact of such a crash can result in a wide array of neck injuries.
- Back injury. Back injuries such as cervical, thoracic, and lumbar spinal injuries are common in motorcycle accident victims.
- Broken or fractured bones. It is common to see broken arms, legs, pelvises, shoulders, and ribs in the aftermath of a motorcycle crash.
- Internal injuries. Motorcyclists can suffer internal bleeding and organ damage from blunt or penetrating trauma when accidents occur.
- Road rash. As motorcyclists are relatively unrestrained they can commonly be thrown across the asphalt during a collision. This serious skin abrasion is susceptible to infection and scarring.
How Much Compensation Can I Expect To Recover?
Just like every motorcyclist, every motorcycle accident is different. Regardless, there are a number of categories of damages that injured persons often seek compensation for following a motorcycle accident. These include:
- Current and future medical expenses
- Vehicle repair or replacement
- Therapy and rehabilitation costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Lost wages and reduced earning capacity
- Wrongful death expenses
- Loss of consortium
Even once you prove your damages, in Texas there is still another factor in the equation. Texas had adopted the legal doctrine of comparative fault, which means that if a jury finds that the injured party was partly responsible for those injuries then any damage award should be reduced by the percentage of fault.
For example, if you were injured in a motorcycle accident a jury could determine that your total damages suffered are $100,000. If the jury then found that you were 10% at fault for your injuries, your damage award would be reduced by $10,000 (10% of $100,000) for a total award of $90,000.
There are many reasons that an injured party can be found partly at fault for his or her injuries sustained in a motorcycle accident. These reasons can include failure to yield, driving while intoxicated, or failure to wear a helmet. Even in situations where it is legal to ride a motorcycle without a helmet, if your injuries could have been avoided or mitigated by wearing a helmet, you may be found partially liable.
If a jury finds that you are more than 50% at fault for your injuries, then you are barred from recovering any damages.
Should I Settle With The Insurance Company?
As with automobile accidents, most motorcycle accident cases are settled out of court. Many of these settlements are reached with the insurance companies of the parties involved. Just because you may settle out of court doesn’t mean that you can’t benefit from an experienced motorcycle accident attorney.
Early settlement offers from an insurance company are often lowball offers that won’t cover all of your expenses. These offers are hoping to take advantage of your distress in the difficult time immediately following an accident. Before you talk to any opposing party or their insurance company, contact the Corpus Christi personal injury attorneys to discuss your legal rights.
Contact a Corpus Christi Motorcycle Accident Attorney
If you or a loved one has been injured in a motorcycle accident in the Corpus Christi area, file an injury claim as soon as possible. Contact Khattar Law, PC today. Schedule a free case evaluation and discuss your case.