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Accident News
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Frequently Asked Questions

Motorcycle Accidents FAQs

How many people are injured or killed in the United States in motorcycle accidents?
What is the number one cause of death in a motorcycle accident?
What should I do if I am involved in a motorcycle accident?
What if I am involved in a motorcycle accident that was not my fault?
What is the statute of limitations for my motorcycle accident?
Why do I need an experienced motorcycle accident lawyer?
How is negligence proven in a motorcycle accident case?
Why should I sue? Won’t the insurance company of the other driver compensate me?

How many people are injured or killed in the United States in motorcycle accidents?
Nearly 2,000 motorcyclists die every year in the US. In Texas, just under 300 riders die each year. 50,000 people are injured in motorcycle accidents nationwide. In fact, in almost 80% of all motorcycle wrecks in the United States, injury or death is a direct result. It is certainly no exaggeration to say that crashes involving motorcycles are far more dangerous than car accidents. In many cases, the drivers of other vehicles never see the motorcycle before a collision.

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What is the number one cause of death in a motorcycle accident?
Head injuries, which occur in a majority of motorcycle accidents, are also the chief cause of death. Without the added protection of seat belts or air bags, or even the framework of an automobile, it is almost inevitable that motorcyclists involved in accidents suffer head injuries. Helmets can offset some of the damage, but in Texas, not all motorcyclists are required to wear them.

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What should I do if I am involved in a motorcycle accident?
If you are involved in a motorcycle wreck in Texas, you should:

  • Remain at the scene of the accident.
  • Call the police immediately or have someone call the police for you.
  • File a police report as soon as the officers arrive.
  • Seek immediate medical attention, even if you don’t think you are injured. Not all injuries are apparent immediately.
  • Get the license number, personal and insurance details, and name of the other driver or drivers involved.
  • If anyone witnessed your accident, obtain their contact information - a witness may have noticed key details that you did not.

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What if I am involved in a motorcycle accident that was not my fault?
Many motorcycle accidents occur because drivers of larger vehicles don’t ever see the motorcycle. While bikers have a responsibility to remain visible and obey all traffic laws, that does not mean that other drivers will always see them. If you are involved in a motorcycle wreck, you should first obtain medical treatment, and if you are able, get the insurance details and contact information of the other driver. Your next step, however, should be to contact an experienced Texas motorcycle accident lawyer at Barry & Loewy LLP who can help protect your rights and determine if legal action is needed.

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What is the statute of limitations for my motorcycle accident?
The statute of limitations is the time period in which you can file a claim for the injuries you have sustained in a motorcycle accident. Texas law mandates that for most wrecks, the victim or victim’s family has two years to resolve the claim or file a lawsuit against the responsible party. The statute of limitations varies for cases involving children and adults, however, and also differs from state to state. Because of these variances, you should contact an experienced Texas motorcycle accident attorney at Barry & Loewy LLP to determine the statute of limitations applicable to your case.

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Why do I need an experienced motorcycle accident lawyer?
When you suffer injuries from a motorcycle accident, you can incur extensive medical treatment and other financial burdens that require significant compensation. The bottom line is that the more experience and skill your motorcycle wreck lawyer has regarding TX motorcycle accident cases, the higher chance you have of obtaining the compensation needed to deal with your injuries. A knowledgeable Texas motorcycle accident attorney will understand Texas laws and how they apply to your case, and he will know how to develop the most effective strategy to get you the maximum amount of compensation allowed by law.

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How is negligence proven in a motorcycle accident case?
Motorcycle accidents can be caused by a number of negligent acts, including carelessness, failure to act or recklessness – or sometimes a combination of all three.

Texas law stipulates that you owe everyone a duty to act as a reasonably prudent person would act under similar circumstances. When someone’s actions are not deemed to be reasonable, then they have violated that duty and are considered to be negligent – and will be held responsible for any resulting injury or damage.

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Why should I sue? Won’t the insurance company of the other driver compensate me?
The decision to take legal action is very personal, but don’t let promises from an insurance company influence whether you file. Insurance companies have one goal – to minimize the amount of financial loss. That is their primary business and they are very good at what they do. When you have suffered a traumatic injury in a motorcycle crash, it’s difficult to think about lawsuits and claims. Many people don’t contact a Texas motorcycle accident lawyer because they think it’s too much trouble or they don’t need additional financial compensation.

Unfortunately, bike accident victims often do not realize the full extent of their injuries and the impact those injuries will have on their lives. Ultimately, only you can decide whether to pursue a lawsuit, but before you sign away your rights by giving a statement to an insurance company, make sure you are fully informed. Consulting with an experienced motorcycle accident attorney can help you make the decision that is best for you.

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If you or a loved one has been injured in a motorcycle accident, please fill out our online Motorcycle Accident Evaluation Form.

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