Dallas Motorcycle Accident Attorney
Seeking Justice for Injured Motorcyclists in DFW
While Texas roads can be dangerous for any motorist, motorcyclists are especially susceptible to serious injuries. According to research, motorcyclists are 27 times more likely to die in a crash than passenger vehicle occupants. In 2022 alone, motorcyclists made up 15% of all traffic fatalities, making it crucial to know how to seek justice after a wrongful injury. If you or a loved one was injured in a motorcycle accident, seeking sound counsel is critical to recovering compensation for hospital bills, treatment costs, lost earnings, and other losses.
At MR.LAW Accident & Injury Attorneys, our motorcycle accident attorneys are committed to recovering financial relief for motorcycle accident victims in Dallas and the surrounding areas. With a proven track record of results and over a decade of experience, our highly skilled litigators are well-versed in personal injury law to aggressively safeguard your rights in DFW. From gathering evidence to negotiating effectively with insurance companies to accurately calculating available damages, we can work tirelessly to hold responsible parties accountable for negligence, freeing you to prioritize your recovery during this difficult time.
Injured in a motorcycle accident? Contact us online to discuss your case with our DFW attorneys. Pay nothing until we win your case.
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Why Are Motorcycle Accidents So Dangerous?
Without the protection of a passenger vehicle, motorcyclists are especially vulnerable in accidents due to bodily exposure to the road, elements, and other cars. Because motorcycles are typically smaller and more compact than other vehicles, other drivers may have poor visibility when sharing the road with motorcyclists, increasing the risk of accidents. In addition to negligence by fellow drivers, motorcycles are also less stable than four-wheeled vehicles like cars and trucks, putting operators at a high risk of injuries compared to traditional motor vehicles.
Other common causes of motorcycle accidents include:
- Failing to check blind spots: Drivers who fail to check their blind spots before changing lanes or turning can result in collisions with motorcyclists they didn’t see.
- Tailgating: Drivers who follow too closely can end up rear-ending motorcyclists. This is especially dangerous because motorcycles are lightweight and have shorter stopping distances.
- Failing to yield the right-of-way: Drivers who fail to give motorcyclists the right-of-way can lead to serious accidents, such as passenger vehicles pulling out in front of motorcyclists after failing to notice them in incoming traffic.
- Poor road or weather conditions: Dangerous roads with potholes, cracked pavement, pooling water, or other inclement conditions can put motorcyclists at a higher risk of wrongful injuries.
Additional factors that contribute to Dallas motorcycle accidents include unsafe lane changes, intersection accidents, illegal lane splitting, sudden stops, driving under the influence, distracted driving, negligently maintained roadways, and defective parts or components.
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Are Motorcyclists Required to Wear Helmets in Texas?
In Texas, all riders under the age of 21 are required to wear a helmet when operating a motorcycle. Adult riders over 21 may choose to ride without a helmet, but only if they have completed a motorcycle safety course or are covered by an applicable health insurance plan (Texas Transportation Code § 661). However, all motorcyclists are strongly encouraged to wear protective headgear regardless of age. -
Can I Still Recover Damages if I Wasn’t Wearing a Helmet?
Yes. Because riding without a helmet is legal for adults, you may still be entitled to compensation if you are harmed while riding without one. However, insurance companies have a reputation for using this against victims, depriving them of the justice and compensation they rightfully deserve. Our firm is familiar with the complexities of these cases to fight for full damages on your behalf. -
What Are Common Injuries in Motorcycle Accidents?
According to the National Highway Traffic Safety Administration (NHTSA), 80% of motorcycle accidents result in injury or death, compared to only 20% of car accidents. Motorcyclists can sustain a wide range of life-threatening injuries in traffic accidents, such as:
- Road rash
- Burn injuries
- Facial disfigurement
- Head and chest injuries
- Broken bones and fractures
- Traumatic brain injuries (TBIs)
- Internal bleeding and organ damage
- Paralysis and other permanent disabilities
- Damage to ligaments, tendons, and muscles
- Cuts and lacerations
- Soft tissue injuries
- Amputation
- Death
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Recoverable Damages in a Motorcycle Accident Claim
If you were wrongfully injured in a motorcycle accident, various damages may be recoverable. These include:Economic Damages
Economic damages compensate victims for direct financial losses. Common examples include medical expenses, prescription costs, future rehabilitation and follow-up care (such as physical therapy or occupational therapy), lost wages, loss of earning capacity, and property damage.
Non-Economic Damages
Motorcycle accidents can inflict life-changing injuries that go well beyond monetary value. In these cases, victims may seek compensation for non-economic damages, which refer to indirect losses that aren’t easily quantified in monetary amounts. Common examples of non-economic damages include pain and suffering, scarring and disfigurement, psychological trauma (such as depression, anxiety, insomnia, or post-traumatic stress disorder), loss of enjoyment of life, and loss of consortium.
Punitive Damages
Rather than compensating the victim for injuries, punitive damages are intended to punish the defendant and deter similar behavior in the future. Punitive damages are typically awarded in cases involving extreme recklessness or malice, such as defendants engaging in drag racing or driving under the influence of drugs or alcohol at the time of the motorcycle accident.
Our Dallas motorcycle injury attorneys can thoroughly investigate your claim to make sure all damages are accounted for and maximize the compensation available to you.
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What to Do After a Dallas Motorcycle Accident
Sustaining an unexpected injury can be overwhelming and disorienting, especially while navigating the stress, pain, and chaos of a crash. Here are some essential steps to take after a motorcycle accident:
- Prioritize your health: Move to a safe location and seek medical treatment as soon as possible, even if you don’t suspect any serious injuries.
- Report the accident: Call 911 to report the accident to the local authorities.
- Document the scene: Take photos of the accident site, such as vehicle damage and any visible injuries.
- Exchange contact and insurance information: Collect contact, license, and insurance details from all involved parties at the scene.
- Collect information from witnesses: If possible, gather contact information from any witnesses who saw the accident occur.
- Consult an attorney: Seek counsel from an experienced lawyer who can investigate your case and help you pursue justice in a motorcycle accident claim.
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How Long Do I Have to File a Motorcycle Accident Claim?
In Texas, the statute of limitations for filing a motorcycle accident claim is two years from the date of the injury. When it comes to being eligible for damages, partnering with a trusted attorney is paramount to ensuring your claim is filed correctly, completely, and on time. -
Determining Liability in a TX Motorcycle Accident Claim
Determining liability in a motorcycle accident requires establishing who is at fault for resulting injuries (“damages”). Sustaining an injury isn’t enough to recover compensation in court. Instead, the plaintiff bears the burden of proof for establishing liability in their case. Generally, this requires a thorough investigation of the accident to gather evidence, eyewitness testimonies, police reports, traffic camera footage, and expert analysis of the circumstances involved. Partnering with an experienced attorney is vital to protect your rights and advocate for fair compensation.
Various parties may be liable in a Texas motorcycle accident, such as:
- Negligent motorists: If a fellow driver caused the accident, such as by driving recklessly or failing to yield the right-of-way, they may be liable for damages.
- Manufacturers: If a defective part or faulty equipment contributed to the accident, the manufacturer may be partially or fully responsible for any losses incurred.
- Government entities: In some cases, local entities or regulatory bodies may be liable for motorcycle accidents caused by poorly maintained roads or failure to warn of known hazards.
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What Is the Modified Comparative Negligence Rule?
Texas follows the modified comparative negligence rule, meaning that fault can be shared among multiple parties and compensation is reduced by the percentage of fault attributed to the injured party. For example, if you bear 20% of the fault in a claim totaling $50,000 in damages, you would only receive $40,000 after the 20% reduction. However, plaintiffs who bear more than 50% of the fault will be ineligible to recover damages. Seeking legal counsel is nonnegotiable to ensure you’re compensated fairly. -
Do I Need a Motorcycle Accident Attorney?
Unfortunately, insurance companies are notorious for evading fair payouts in motorcycle accident lawsuits, making it important to safeguard your financial, physical, and emotional well-being by securing reliable representation. While it may be tempting to save money by forgoing your right to legal representation, consulting with a skilled lawyer can mean the difference between recovering full compensation and walking away empty-handed.
A qualified attorney can assist with:
- Investigating the accident and gathering evidence
- Identifying all liable parties in the accident
- Accurately calculating damages
- Fighting for your rights in court if necessary
- Negotiating with insurance companies on your behalf
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Advocating for Wrongfully Injured Texans Since 2012
At MR.LAW Accident & Injury Attorneys, we can help you navigate the legal intricacies of filing your claim by gathering evidence, negotiating with insurers, and representing your best interests in litigation if necessary. Our trial lawyers operate on a contingency fee basis, meaning you don't owe us a penny until we win a fair settlement. With over $10 million recovered for clients throughout the Dallas-Fort Worth Metroplex, you can trust MR.LAW Accident & Injury Attorneys to pursue the best possible outcome in your case.
Don’t pay the price for someone else’s negligence on Dallas roads! Call (469) 689-0200 to schedule a free consultation. Se habla Español.
What Causes Motorcycle Accidents?
Several factors can cause or contribute to motorcycle accidents. Riding a motorcycle requires more skill and coordination than driving a car, and motorcycles are far less crashworthy than other vehicles. While rider inexperience is a leading cause of motorcycle crashes, the majority (63%) of accidents involve another vehicle. According to the National Highway Traffic Safety Administration (NHTSA), about one-third of multi-vehicle motorcycle crashes are a result of other motorists turning into the path of the motorcycle, especially at intersections.
Other causes of motorcycle accidents include:
- Drivers making left turns
- Unsafe lane changes
- Drivers who fail to see motorcyclists
- Drunk or drugged drivers
- Distracted drivers
- Speeding
- Tailgating
- Aggressive driving
- Dooring (when a car door opens into a motorcyclist’s path)
- Poor road conditions
- Adverse weather conditions
- Brake failure
- Defective motorcycles or parts
To stay safe, motorcyclists must practice defensive driving and try to make themselves visible at all times. They must also be more careful when riding in inclement weather. Still, many accidents occur due to another driver’s negligence, and other parties may be at-fault for accidents when roads are not properly maintained or the mechanics of a motorcycle fail.
Alcohol
Approximately 43% of fatal motorcycle accidents involve alcohol, and 26% of fatally injured motorcycle drivers in 2018 had a blood alcohol concentration (BAC) of at or above 0.08%.
Driving under the influence of drugs or alcohol is a huge factor in all kinds of motor vehicle accidents. The NHTSA estimates that drunk driving takes more than 10,000 lives each year. Whether motorcyclists or other drivers on the road to choose to drink before operating a motor vehicle, the results can be equally catastrophic.
Injuries from Motorcycle Accidents
Because of the limited protection offered to motorcyclists, motorcycle accidents are typically more devastating and shocking compared to car accidents. Motorcyclist deaths occurred 27 times more frequently than fatalities in other vehicles. Furthermore, motorcyclists are six times as likely to be injured compared to drivers of motor vehicles.
The following are the most common injuries from motorcycle accidents:
- Road rash – Although motorcyclists often wear protective clothing such as denim or leather, they can still suffer painful skin abrasions or bruises—known as road rash—if they are thrown off their bikes. First-degree road rash is when the skin’s surface appears red, second-degree road rash occurs when the skin’s surface is broken, and third-degree road rash entails the complete removal of the skin, exposing the underlying layers of tissue.
- Head injury – In order to protect themselves from an injury to the head, motorcyclists typically wear helmets. In 2015, 40% of motorcyclists killed in vehicle collisions were not wearing a helmet. Keep in mind, while wearing a helmet may reduce the severity of some head injuries, it will not reduce the risk of them altogether.
- Spinal cord injury – a minor spinal injury could be as much as a cracked vertebrae—and even that is serious. Damage to the spinal cord can result in permanent injury, such as complete or partial paralysis.
- Broken bones – Broken bones are a typical feature on the motorcycle injury list. Common broken bone injuries from motorcycle accidents include a broken arm, wrist, or leg. In worst case scenarios, a broken neck, back, or pelvis can be devastating.
Our Insights
Unfortunately, motorcyclists are much less likely to survive any kind of traffic accident with any kind of cause. Motorcyclists lack the protection of an enclosed vehicle and are 27 times more likely to die in an accident. Data from the NHTSA reveals that more than 80% of all reported motorcycle crashes result in injury or death to the motorcyclist.
Although a helmet can help prevent traumatic brain injuries and fatalities, drivers should take extra caution when driving around motorcycles. If drivers check their blind spots, are careful at intersections, and keep an eye out for motorcyclists, they can save countless lives.
Failure to take this kind of care may even be construed as negligence in a personal injury lawsuit. If you’ve been injured or bereaved by a driver who failed to care for others on the road, MR.LAW Accident & Injury Attorneys may be able to help.
Call us at (469) 689-0200 today to discuss your legal options during a free case review.
Understanding Your Rights After a Motorcycle Accident
After a motorcycle accident, navigating the legal landscape can be overwhelming. You must understand your rights as an injured motorcyclist in Texas. Many victims are unaware of the full extent of their legal entitlements, which can lead to missed opportunities for compensation.
Here’s what you need to know about your rights:
- Right to Compensation: You have the right to seek compensation for medical expenses, lost wages, pain and suffering, and more. It’s essential to document all related expenses to build a strong case.
- Right to Legal Representation: You have the right to hire an attorney who knows motorcycle accidents. An experienced lawyer can provide invaluable guidance and advocacy throughout the claims process.
- Right to a Fair Settlement: Insurance companies may try to minimize your claim. You have the right to negotiate for a fair settlement that reflects the true cost of your injuries and losses.
- Right to Appeal: If your claim is denied or you receive an unsatisfactory settlement offer, you have the right to appeal the decision. An attorney can help you navigate this process effectively.
At Mathias Raphael PLLC, we are committed to ensuring that you understand and exercise your rights. Our team is here to provide support and representation, so you can focus on your recovery while we handle the complexities of your case.
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"Attorney Raphael & Attorney Mathias are both very forthcoming & handle each case with care!"I have worked with this office on many different life care plans for personal injury cases and each time it’s been wonderful. Attorney Raphael and Attorney Mathias are both very forthcoming and handle each case with care. I would definitely recommend them!- Brandy C.
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"Damon took my case when others would not consider it."
Damon is the one attorney who took my case when others would not consider it. He is good at explaining the next steps and possible outcomes. Professionalism shows through in all he does. I recommend him for your legal matter.
- Carolyn -
"Mr. Mathias went above and beyond for me!"
Mr. Mathias went above and beyond when I got in an automobile accident making the situation stress free. He allowed me to concentrate on getting a new vehicle and getting the appropriate treatment instead of worrying about medical bills and settlements.
- James -
"Truly amazing attorney!"
Truly amazing Attorney! This guy went above and beyond my expectations, from a broken wired up jaw. To a well deserved settlement. Thanks again!
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"Better outcome than imagined."
MR.LAW Accident & Injury Attorneys handled our case well and gave us a better outcome than we could have ever imagined. Thanks to Damon, Ori and their entire team!
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"Attorney Ori Raphael fights for you!"Ori gives it his all to fight for you!- Amir A
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"Hire these guys!"These guys are great! Ori really went above and beyond and every time I needed good advice or help, he was there for me.- R.J.
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"Mr. Raphael was very helpful and responsive to our needs!"Mr. Raphael was very helpful and responsive to our needs. He provided excellent service with polite,gentle and sensitive care,from the time he greeted us all through the process. I felt very confident trusting him with our case and he came through for us and got us more than we imagined.- Avi P.