Nobody who rides ever wants to experience a bike wreck, but sometimes it happens and when it does, questions come up. It’s best to schedule a consultation with a motorcycle accident attorney so you can talk specifics. But in our years of personal injury experience we’ve found some questions come up again and again. We’ll answer those here, then we can talk more in depth when we meet with you in person.
What are the Most Common Motorcycle Accident Causes?
Motorcycle riders are smaller than vehicles, so often drivers claim they just didn’t see the biker in the roadway. Other common motorcycle accident causes include:
- Drivers making unsafe lane changes where they don’t signal or fail to check blind spots
- Driving under the influence
- Drivers following too closely and rear-ending the motorcycle rider
- Left turn accidents where a car turns into a motorcycle rider traveling straight in the other direction
- Motorcycle lane splitting
Sometimes it’s not immediately apparent what caused a motorcycle accident, or the cause is extremely unusual. That’s where having an experienced attorney on your side can make all the difference.
How is Fault Determined in Motorcycle Accidents?
Fault in a motorcycle accident is determined the same way as with a vehicle accident, by looking at what both drivers were doing, evaluating whether one or both of them was violating traffic laws or acting negligently and working from there. In terms of who pays in Texas and Louisiana, usually that call is made by insurance companies.
If the responding police officer wrote one driver a ticket, that’s usually strong proof of fault. Police reports, witness statements, security camera footage and other information can also act as evidence.
What if I Wasn’t Wearing a Helmet?
In Texas, the law requires all riders under 21 to wear a helmet every time they’re on a motorcycle. If you’re over 21 you can choose not to wear a helmet if you either complete a Department of Motor Vehicles approved training course or you carry a minimum of $10,000 in health insurance.
Louisiana requires every rider and every passenger to wear protective headgear no matter your age, insurance coverage or motorcycle type. In either state if someone else caused your motorcycle accident, you can receive compensation for injuries whether or not you were wearing a helmet.
Will I Have to Go to Trial to Receive a Settlement?
Most motorcycle accident cases are settled out of court without the need for trial. If, however, you are unable to come to an agreement with the defendant’s insurance company, we have extensive experience representing personal injury clients in a courtroom setting.
When Do I Need a Personal Injury Lawyer for a Motorcycle Accident?
It’s always a good idea to talk to an attorney, even if your injuries are minor. You can always benefit from a free consultation, even if you decide after to handle your claim on your own. Insurance companies will try to get you to settle for cheap. We can help you get what you deserve. Click here to set up a free consultation online.