Focus On Your Recovery After a Motorcycle Accident

HIRE A PERSONAL INJURY LAWYER IN TYLER, TX AND SURROUNDING AREAS

Driving a motorcycle can fit your lifestyle for a variety of reasons. Bikes are easier to navigate in towns with smaller roads. They provide more freedom of movement than cars. But driving a motorcycle also comes with greater risks. If you’re injured in a motorcycle accident, you could be eligible to receive compensation.

Motorcyclists often get a bad reputation for being reckless and dangerous. Motorists are quick to blame bikers for any accidents, and insurance adjusters and juries usually follow suit. Attorney Vickery knows that most motorcycle accidents are not the fault of the cyclist. He has practiced law in the Tyler, TX area for over 30 years and is ready to fight for you to get the recovery you deserve. We’re an established personal injury law firm in Whitehouse, Lindale, and Tyler, Texas.

Vickery Law Firm Fighting for Justice, Caring for You

Call Now at (903) 504-5490

Motorcycle Law

Texas law states that motorcyclists must follow all road laws just as motorists do. However, Texas also has a few laws that apply only to motorcyclists that you need to be aware of. You might be breaking one of these laws when you get into an accident. If the accident is at your fault and may not be able to receive compensation.

Motorcyclists and riders under the age of 21 must wear a helmet. If you are over the age of 21, there is no legal obligation to wear a helmet. However, you must have completed a motorcycle safety course. Also, you should purchase health insurance plan that specifically covers motorcycle accidents. Motorcyclists are also not allowed to lane split, i.e., drive between lanes to pass vehicles.

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Texas law also requires that all motorcyclists follow the 30/60/32 coverage rule for liability coverage. This rule states that bikers need a minimum of $30,000 for bodily injury per person involved in an accident $60,000 for bodily injury in total per accident, and $25,000 for property damage per accident.

Vickery Law Firm Fighting for Justice, Caring for You

Call Now at (903) 504-5490

Determining Fault

Although most drivers and insurance companies are quick to blame a motorcyclist for an accident. The truth is that most motorcycle accidents aren’t caused by the biker at all. Yes, a biker can be at fault if they aren’t following the laws of the road so negligence of other can cause the majority of accidents.

Motorists don’t always keep good awareness out for motorcyclist. They will often not see one until it’s too late to avoid a collision. Even if you’re being safe and cautious, an unaware driver can still hit you.

The manufacturer of your motorcycle could also be at fault. There are cases when the component of the motorcycle was defective. In that case, the manufacturer is liable for the damages.

Sometimes the road itself is to blame. If the government is negligent in the upkeep of roads, unmaintained paths can cause an accident. Potholes, open sewer grates, and even unmarked grooved pavement can cause an accident. They can put the government at fault for the accident and make them liable for the damages.

If two or more parties are found to be at fault, the modified comparative fault theory comes into play. For example a cyclist was lane splitting and then hit by a drunk driver. This theory dictates that your ability to collect damages is based on the percentage of fault that you share in the accident. If you are found to be more than 50% to blame for an accident, you cannot recover any damages.

Vickery Law Firm Fighting for Justice, Caring for You

Call Now at (903) 504-5490

Compensation You Could Receive

You must be less than 50% at fault to file a compensation claim for damages done to you and your motorcycle. Texas law categorizes motorcycle accidents into two types of damages.

Special/Economic Damages

Special damages are damages related to specific injuries and property destruction. The damages can be easily identified and quantified. For example repair costs for your motorcycle and medical bills for your physical injuries. You can get a compensation or income lost if you are unable to work due to your injuries.

General/Non-Economic Damages

General damages are harder to identify and can’t be easily quantified. Some general damages include compensation for pain and suffering. Some others include compensation for mental anguish resulting from the accident.

After an accident, you’ll want to keep a detailed record of all medical visits and hospital stays. You and your personal injury lawyer can properly assess the amount of compensation you deserve. You’ll need a medical certificate from your health practitioner. The certificate proves you are unfit for work if you are seeking income loss replacement.

At Vickery Law Firm, we will use our decades of experience to help you. We’re an established personal injury law firm in Whitehouse, Lindale, and Tyler, Texas. Our goal is to help clients obtain fair compensation for the injuries they’ve suffered because of others’ negligence.

If you or a loved one has been in a motorcycle accident, don’t hesitate to call Vickery Law Firm at 903-504-5490 for a free consultation. Attorney Vickery is ready to fight to get you the proper compensation for your accident.