Houston Motorcycle Accident Lawyer

If you have been injured in a motorcycle accident in Houston, you may be able to seek compensation for any injuries or property damage you suffered.

Sadly, motorcyclists are significantly more likely to be seriously injured or killed in a wreck than drivers of passenger vehicles. A motorcycle’s lack of enclosure offers less protection in a crash, and its small size makes it easy for a motorcyclist to get lost in a driver’s blind spot.

It’s a sobering statistic, but motorcycle riders are 28 times more likely to die in a crash than their passenger vehicle counterparts.

There are ways to reduce your risk of serious injury or death in a motorcycle wreck. Wearing a helmet and utilizing safe riding practices are two of the key ways you can hopefully enjoy the open road and stay safe. According to the Centers for Disease Control (CDC), wearing a helmet slashes the risk of death in a crash by 37 percent and the risk of head injury by 69 percent. But even taking all the precautions there is still the risk of accident and injury.

Read on for common causes of motorcycle accidents and how to avoid them.

At DeHoyos Accident Attorney, we have protected the rights of countless motorcycle accident victims and helped them obtain the compensation they deserve. If you have been injured due to the negligence of another, our Houston motorcycle accident lawyers can help.

Bikers Face Significantly Greater Risks Than Drivers

Motorcyclists face considerably higher risks on the road than drivers of passenger vehicles. The lack of protection that a motorcycle offers, combined with the smaller size that makes it less visible to other drivers, contributes to the heightened danger. 

According to the Texas Department of Transportation (TxDOT), motorcyclists are 28 times more likely to die in a crash than those in cars. In 2022 alone, there were over 500 motorcyclist fatalities in Texas, marking a troubling trend in the state.

Overcoming Unfair Prejudices Against Bikers

Motorcyclists face physical risks and the challenge of overcoming unfair stereotypes. Society often views bikers as reckless and aggressive, contributing to a bias that can affect everything from how they are treated on the road to the outcomes of legal cases. 

This prejudice is particularly troubling in personal injury claims, where the biker’s behavior might be unfairly scrutinized simply because they were riding a motorcycle.

In reality, many motorcyclists are law-abiding citizens who prioritize safety just as much as any other driver. However, the actions of a few can lead to broad generalizations, painting all motorcyclists with the same brush. 

This stigma can influence other drivers’ behavior, making them less likely to yield or more likely to engage in aggressive driving when sharing the road with motorcyclists.

Texas Motorcycle Accident Statistics

Texas is one of the most dangerous states for motorcyclists, with fatalities on the rise. According to TxDOT, there were 562 motorcyclist fatalities, representing a significant increase from previous years. 

Additionally, nearly 1,800 motorcyclists were seriously injured. These alarming figures underscore the importance of motorcycle safety and the need for increased awareness among all road users.

TxDOT’s safety campaigns emphasize the importance of being vigilant and practicing safe driving habits for motorcyclists and drivers. 

For motorcyclists, wearing helmets is crucial, as it reduces the risk of death by 37% and the risk of head injury by 69%. Despite these protective measures, the statistics highlight the ongoing risks motorcyclists face in Texas.According to the National Highway Traffic Safety Administration (NHTSA), approximately 80 percent of motorcycle accidents result in injury or death. Even minor crashes can have devastating physical, emotional, and financial consequences.

Why You Need  a Motorcycle Accident Injury Attorney in Houston

Another reason that motorcycle riders are at greater risk of injury accidents is unfortunately based on stigma, and the general public’s misconception of motorcyclists as being more reckless and dangerous that other vehicle drivers.

Drivers of passenger vehicles may be less likely to yield to a motorcyclist and more likely to cut motorcyclists off when changing lanes.

And while stereotyping all motorcyclists as reckless is very unfair, statistically some motorcyclists do engage in bad behavior.

In 2017, a total of 5,172 motorcyclists were killed in crashes. Of those killed, 28 percent were drunk and 29 percent were riding without valid licenses. Although the percentage of alcohol-related crashes involving passenger vehicles is almost identical, the stereotype of a motorcycle being a more dangerous vehicle prevails.

Judges may be just as prone to negative stereotypes about motorcyclists as the rest of the population, which is one of the many reasons it is so important to seek the counsel of a Houston motorcycle accident lawyer.

In addition to gathering important evidence and negotiating with the insurance companies, an experienced Houston accident attorney can position you in a positive light and help you obtain a favorable outcome.

Common Injuries Following a Motorcycle Accident in Houston

A motorcycle accident can have some serious consequences resulting in injuries that can change your life forever.

After being involved in a serious motorcycle accident, you could suffer from:

• Traumatic Brain Injuries (TBIs): Even when wearing a helmet, the impact of a motorcycle accident can cause severe brain damage. TBIs can lead to long-term cognitive, physical, and emotional challenges.
• Spinal Cord Injuries: These injuries are particularly dangerous as they can result in permanent paralysis or loss of sensation. Spinal cord damage can dramatically impact a person’s quality of life and independence.
• Fractures and Broken Bones: Motorcycle accidents frequently cause bone fractures, which can lead to chronic pain, limited mobility, and nerve damage. Healing may be prolonged, and some injuries may require surgery or physical therapy.
• Serious Soft Tissue Injuries: Lacerations, contusions, sprains, and strains are common soft tissue injuries sustained in motorcycle accidents. While often less severe than bone fractures or head trauma, these injuries can still cause significant pain, swelling, and limitations on daily activities.
• Amputation: In severe cases, motorcycle accidents can result in the loss of limbs. This type of injury profoundly impacts a person’s physical and emotional well-being.
• Knee Injuries: Due to the nature of motorcycle accidents, knee injuries are common. These can range from ligament sprains to severe fractures, potentially requiring surgery and rehabilitation.
• Burns: Road rash and other burns are frequent injuries sustained by motorcycle accident victims. These injuries can be painful and slow to heal, often leaving significant scarring.
• Wrongful Death: Tragically, many motorcycle accidents result in fatalities, leaving families and loved ones to cope with the loss of a loved one.

What To Do If You’ve Been Injured in a Motorcycle Accident

If you have been injured in a motorcycle accident due to another’s negligence, there are certain steps you should take to improve your chances of success if you decide to file a personal injury claim, and to protect yourself from legal repurcussions.

• Call 911 as soon as the accident occurs. In addition to dispatching emergency responders, calling 911 will result in an official police report of the accident.
• Ask all parties involved for their insurance and contact information. Also, ask any witnesses for their contact info in the event you need to reach them at a later date.
• Take pictures of the accident scene and any obvious injuries or damage to property from as many angles as possible.
• Seek medical attention even if no injuries are immediately apparent. Certain life-threatening injuries, including internal bleeding and organ damage, may not present symptoms for several days. In addition to ensuring your health and safety, seeking medical attention will create a medical record that could be invaluable to your claim.

In addition to the steps above, consult with an experienced Houston motorcycle accident attorney immediately. Do not talk to the insurance companies or any other involved parties without first talking to your lawyer.

What Damages Can You Receive in a Houston Motorcycle Accident Injury Claim?

If another’s negligence has caused you harm, you may be able to obtain compensation from the at-fault party or parties by filing a personal injury lawsuit. Depending on the type and severity of any injuries or property damage, you may be able to recover the following damages:

• Medical expenses, including transportation by ambulance, treatment in the emergency department, hospitalization, surgery, physical therapy, doctor visits, medications, and medical equipment.
• Lost wages—current and future earning potential
• Emotional pain and suffering
• Permanent disability
• Property damage
• Wrongful death

A Houston personal injury lawyer can help you determine how to proceed if you have been injured in any type of motor vehicle accident.

How Can I Prove Mental Anguish After an Auto Accident?
Read More →

What Causes Most Motorcycle Accident Injuries in Houston?

Motorcycle accidents in Houston can have catastrophic consequences. Understanding the primary causes of these crashes is essential for prevention and seeking legal recourse.

Car Collisions

The most common cause of motorcycle accidents involves collisions with cars.

Head-On Collisions

A significant percentage of fatal motorcycle accidents are caused by head-on impacts with passenger vehicles.

Left-Hand Turns

Cars turning left across the path of oncoming motorcycles frequently cause accidents.

Rider Error

While car drivers are often at fault, rider behavior can also contribute to motorcycle accidents.

Speeding

Excessive speed reduces reaction time and control, increasing the risk of crashes.

Distracted Driving

Using cell phones or other distractions while riding is hazardous.

Impairment

Riding under the influence of alcohol or drugs significantly increases the risk of accidents.

Road Conditions

Hazardous road conditions can pose severe risks to motorcyclists.

Potholes, Debris, and Uneven Pavement

These road hazards can cause loss of control and lead to accidents.

Adverse Weather

Rain, fog, and strong winds can reduce visibility and traction, increasing the risk of crashes.

The Devastating Impact of Motorcycle Accident Injuries

Even minor motorcycle accidents can result in severe injuries. Common injuries include road rash, fractures, burns, amputations, facial injuries, spinal cord injuries, and traumatic brain injuries (TBIs).

The physical, emotional, and financial consequences of motorcycle accident injuries can be overwhelming for victims and their families. If you or a loved one has been injured in a motorcycle accident, seeking legal advice is crucial to understanding your rights and options.

Approximately 75 percent of motorcycle wrecks involve a collision with a car, and the vast majority of these are the fault of the other driver. The most common causes of motorcycle accidents include:

• Head-on collisions with a passenger vehicle. These account for 56 percent of motorcycle fatalities. These accidents are often fatal.
• Left-hand turns. These account for 42 percent of all motorcycle-car crashes. These commonly occur when the motorcyclist is riding straight through an intersection, or passing another vehicle.
• Lane splitting. These occur when a motorcyclist attempts to maneuver between two lanes of slowly moving or stopped traffic.
• Alcohol use. As mentioned earlier, alcohol use is related to about 28 percent of all motorcycle fatalities. Although it is unsafe to operate any type of vehicle under the influence of drugs or alcohol, the lack of protection offered by motorcycles makes riding drunk particularly dangerous.
• Road hazards, such as potholes, loose gravel, construction debris, uneven pavement, and adverse weather conditions. Any of these are extremely hazardous to motorcyclists.
• Speeding.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 80 percent of motorcycle accidents result in injury or death. Even minor crashes can have devastating physical, emotional, and financial consequences.

Common injuries include road rash, skin lacerations, bone fractures, burns, limb amputations, facial disfigurement, injuries to the spinal cord, and traumatic brain injuries (TBIs).

Some of the injuries above are minor, but motorcycle accidents frequently result in serious, life-altering injuries. TBIs, for example, may lead to a loss of lifetime income and even the inability to perform basic, daily tasks.

The consequences of such injuries can ripple through the entire family, and may cause the victim to suffer from anxiety, depression, and even post-traumatic stress disorder (PTSD).

Motorcycle Accident Laws in Texas

Texas operates under a fault-based system for car accidents, including motorcycle accidents. This means the party found to be primarily responsible for the accident is financially liable for the damages and injuries caused. Understanding these essential laws can be crucial if you’re involved in a motorcycle accident in Texas.   

Minimum Insurance Requirements

Texas mandates minimum liability insurance coverage for all motor vehicles, including motorcycles. Here’s a breakdown of these minimums:

Owners of all motor vehicles, motorcycles included, must carry minimum insurance. The Texas minimum insurance requirements for liability coverage are as follows:

• Bodily injury, per person: $30,000
• Bodily injury, total per accident:$60,000
• Property damage: $25,000

Lane Splitting in Texas is an Illegal Move

Lane splitting, the practice of riding a motorcycle between lanes of stopped or slow-moving traffic, is illegal in Texas. 

Penal Code: CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

According to the Texas Penal Code, Chapter 49, individuals operating a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher can face criminal charges. These charges range from Driving While Intoxicated (DWI) to Intoxication Manslaughter, depending on the severity of the offense. 

Modified Comparative Negligence Rule

Texas follows a modified comparative negligence rule. This means that the compensation you receive in a personal injury claim may be reduced based on your percentage of fault for the accident. 

For instance, if you are found to be 20% at fault for the accident, your compensation award will be reduced by 20%.   

No Passengers Under Five: H.B. No. 537

Texas law prohibits carrying passengers under the age of five on a motorcycle.  

Texas Statute of Limitations on Motorcycle Accident Injuries

If you have been injured in a motorcycle accident due to someone else’s negligence, you have a right to seek compensation for any damages suffered. You do have to file your complaint within a specific period of time though, or you forego the ability to recover damages. In Texas, this time frame—known as the Statute of Limitations—is two years from the date of the accident.

Although there is this relatively long window of time, waiting until you near the statute’s expiration date is not a good idea. In addition to the risk of missing important deadlines, the judge may also question the severity of your damages if you wait until the last minute to file a claim. Waiting too long also compromises your ability to recall important details and gather evidence, and limits your attorney’s ability to build a strong case. We would strongly advise speaking to a top Houston motorcycle accident lawyer as soon as possible to have the best chance of fair compensation.

What is Texas Statute of Limitations on Personal Injury Claims
Read More →

Client Testimonials

At DeHoyos Accident Attorneys, we are dedicated to providing exceptional legal services to our clients, and their feedback is a testament to our commitment. Here’s what some of our clients have to say about their experience working with us:

“Outstanding service! The team at DeHoyos Accident Attorneys was professional, compassionate, and truly dedicated to my case. They kept me informed every step of the way and fought hard to get me the compensation I deserved. I highly recommend them.” – John D.

“I can’t thank Ryan DeHoyos and his team enough for their support during a difficult time. They handled my motorcycle accident case with care and expertise, ensuring that my rights were protected. The outcome exceeded my expectations.” – Maria S.

“From the moment I contacted DeHoyos Accident Attorneys, I knew I was in good hands. They took the time to understand my situation and provided clear guidance throughout the process. Their professionalism and dedication were evident from start to finish.” – James L.

These testimonials reflect our dedication to achieving the best possible results for our clients. If you or a loved one has been injured in an accident, trust DeHoyos Accident Attorneys to provide the legal support you need. Contact us today for a free consultation.

Contact the Houston Motorcycle Accident Lawyers at DeHoyos Accident Attorneys Today

If you or a loved one has been injured in a motorcycle wreck and need a Houston motorcycle accident lawyer to represent you, the skilled legal team at DeHoyos Accident Attorneys can help.

Our experienced, compassionate attorneys understand the particular issues motorcyclists face in a lawsuit and have in-depth knowledge of the legal process in Texas.

If you are entitled to compensation for medical expenses, lost wages, pain and suffering, and other associated costs, they will work tirelessly to protect your rights and help you achieve the most favorable outcome possible.

Don’t go through this difficult time alone. Contact DeHoyos Accident Attorneys today for a free and confidential consultation about your case. Call us at (832) 745-4878.

Motorcycle Accident FAQs in Houston

Who can be held liable in a Houston motorcycle accident?

Texas is an at-fault state, meaning the party whose negligence caused the accident is financially responsible for damages. Common causes of motorcycle accidents include car drivers failing to yield the right of way, distracted driving, and drunk driving.

What compensation can I recover after a motorcycle accident in Houston?

Compensation can cover medical expenses, lost wages, pain and suffering, motorcycle repairs, and other damages related to the accident. The specific amount depends on the severity of your injuries and the impact on your life.

What if I was partially at fault for the motorcycle accident?

Texas follows a modified comparative negligence rule. This means your compensation award may be reduced by your percentage of fault for the accident.

How do I prove the other driver was negligent in a motorcycle accident?

Evidence can include police reports, witness statements, accident scene photos, and medical records. An experienced motorcycle accident attorney can help you gather and present this evidence to maximize compensation.

How long does it take to resolve a motorcycle accident case?

The time to resolve a case varies depending on the accident’s complexity and the other party’s willingness to settle. Your attorney will advise you on the best action and keep you informed.