Motorcycle Accidents Attorney in Austin, Texas

Getting injured in a motorcycle accident can be a difficult and unsettling experience. Such an incident may result in minor to serious injuries, including concussions, lower-extremity injuries, fractures, traumatic brain injuries, or sometimes even death. If you or a loved one was injured in a motorcycle accident caused by a negligent party, you may be eligible to seek fair compensation by filing a personal injury claim.

At Rodman Law Office, I'm ready and poised to assist victims of motorcycle accidents and their loved ones in their injury claims. As a skilled Texas personal injury attorney, I can thoroughly investigate all of the facts of your case and help explore your possible legal options to recover damages. Using my extensive knowledge, I will fight vigorously to protect your legal rights and help seek the maximum possible compensation for your injuries and your losses.

My firm—Rodman Law Office—is honored to serve clients in Austin, Texas, and surrounding communities throughout the state, including Travis County, Williamson County, and Hays County.

Steps to Take If You Were
In a Motorcycle Accident

The moments following a motorcycle accident can leave you extremely confused. Keep in mind that what you do—or fail to do—can have a significant impact on your injury case. When involved in a motorcycle accident, you should take the following steps where possible:

• Remain calm, and don't let your emotions overcome you.

• Get to safety, and help other accident victims if you can.

• Call 911 to seek emergency medical attention for your injuries and injuries to others.

• Report the incident to the nearest local police department.

• Exchange relevant information with the other parties, including the driver's name, phone number, license number, address, and insurance information.

• Obtain documents of everything, including the police report, accident scene photos, witness testimonies and statements, medical records, medical treatments, and doctor's appointments.

• Document your personal account of the incident and how it has affected your daily life and ability to work.

• Notify your insurance provider of the incident.

• Retain a skilled attorney to help file your injury claims and negotiate a fair financial settlement with the insurer.

It is crucial that you act immediately to avoid losing important documents or forgetting vital details. A skilled personal injury attorney can enlighten you about state laws addressing liability in your case and help file your motorcycle accident claim.

Texas Motorcycle Laws

Here are some laws affecting motorcyclists in the state of Texas.

Lane Splitting

In the state of Texas, lane splitting—riding a motorcycle between lanes of traffic moving in the same direction—is illegal. Under Texas law, a motorist on a roadway divided into two or more clearly marked lanes for traffic:

• Shall drive as nearly as practical entirely within a single lane, and

• May not move from the lane unless the movement is considered safe enough

Helmet

Helmets help protect motorcyclists against potential head injuries in the event of a traffic collision. Under Texas motorcycle helmet laws, motorcyclists below 21 years must always wear a helmet when riding. Conversely, you are not required to wear a helmet if:

• You are at least 21 years old

• You can provide proof of a minimum of $10,000 in medical insurance coverage for motorcycle accident injuries

• You have completed a state-approved Motorcycle Operator Training Course

Passengers

According to Texas law, passengers are only allowed to ride on motorcycles that are designed to carry passengers. Additionally, the motorcycle passenger must be at least five years. The motorcycle must also feature a fixed seat, handholds, and footrests for the passenger.

Determining Fault in a
Texas Motorcycle Accident

Texas is an "at-fault" auto insurance state. This means that the person responsible for the motorcycle accident (at-fault party) will be held financially and civilly liable for bodily injuries, property damages, and other accident-related losses suffered by victims.

When injured in a Texas motorcycle accident, you may pursue compensation by:

• Filing a first-party claim with your own insurance company

• Filing a third-party claim with the insurance provider of the at-fault party

• Filing a personal injury lawsuit against the at-fault party in civil court

A skilled Texas motorcycle accident attorney can determine the best way to proceed with your injury case and help pursue the maximum possible compensation.

Modified Comparative Fault

Texas operates under the "modified comparative fault" rule, with a 51% bar. Under the system, you will be allowed to recover damages if you were partially or equally (50% or less) at fault for your injuries or accident. However, the damages you may recover will be reduced by your percentage of fault.

For instance, if the court awards $40,000 in total damages against the at-fault party but finds you to be 20% responsible for the motorcycle accident, your damages will be reduced by $8,000. You will only be able to recover 80% of $40,000 ($32,000).

According to Texas' modified comparative fault system, you will be barred completely from seeking damages if you were at least 51% responsible for the accident.

Filing a Claim for an Incapacitated
or Deceased Loved One

To file a claim for an incapacitated loved one, you will need to establish guardianship through a court hearing. Once you have been confirmed as the legal guardian of the incapacitated person, you may be able to file a personal injury action on the victim's behalf to seek fair compensation for their injuries. If a person died from a negligent motorcycle accident in Texas, the decedent's immediate family members, including the spouse, children, or parent, may be eligible to file a wrongful death claim in Texas civil courts. The personal representatives of the deceased person's estate may also bring a wrongful death action.

How Legal Counsel Can Help

Being involved in a motorcycle accident can be overwhelming. If you are unlucky, you may suffer intense injuries which can affect your physical, mental, and financial well-being. Fortunately, you don't have to go through this pain all alone. You need to act quickly and retain a knowledgeable personal injury attorney to advocate for your best interests and help you pursue a path forward.

With more than 30 years of experience, I have the resources to help you hold those responsible for your injuries accountable. Using my in-depth understanding of the laws addressing liability in personal injury cases involving motorcycle accidents, I can help guide you through the complex processes involved in recovering damages. As your legal counsel, I will fight compassionately for your rights and help pursue fair financial compensation to cover your medical expenses, lost wages, pain and suffering, and other potential damages.