2024 What to Do After a Motorcycle Accident in Texas? Step by Step

Motorcycles are popular, and every rider should know the risks they face on the road and what to do after an accident occurs. While motorcycle accidents are statistically less common than passenger car accidents, this is simply due to the fact that there are fewer motorcycles on the road. A motorcyclist faces the same risk of an accident as any other driver, but the risk of catastrophic or fatal injury is much greater on a motorcycle than in an enclosed vehicle.

If you or a loved one experiences a motorcycle accident due to the actions of another motorist, it is vital to know what you can do in the aftermath to preserve your chance of recovering as fully as possible. You may have multiple recovery options available to you and could be entitled to claim more than you may initially expect. Proving fault is only the first step in a series of legal efforts you may need to make to fully recover your losses.

Recovery Through Auto Insurance

Every driver is required to have auto insurance, and the state’s fault rule dictates that the driver responsible for causing an accident is liable for the resulting damages. After identifying the party responsible for your motorcycle accident, you can claim against their auto insurance policy to recover your losses. However, state law only requires a driver to have a minimum of $30,000 in bodily injury liability coverage (expanded to at least $60,000 if multiple people are injured in the same accident) and $25,000 in property damage liability coverage.

An experienced attorney can help calculate your total damages and guide you through the insurance claim filing procedure. If any disputes are raised against your claim, your attorney can be ready to address these issues for you to ensure you receive appropriate compensation from the insurance company.

Filing a Personal Injury Suit

When an at-fault driver does not have sufficient insurance coverage to fully compensate you for your damages, or if they do not have insurance at all, you have the right to file a personal injury suit against them to seek compensation for the rest of your damages. This claim can enable you to secure more compensation than what’s available from an insurance claim.

Texas law allows a personal injury plaintiff to claim compensation for all economic losses they suffered because of the defendant’s negligence or misconduct, including vehicle repair costs, medical expenses, long-term medical treatment costs for severe injuries, lost income, and lost future earning potential. They may also claim compensation for pain and suffering, and state law does not limit this aspect of their case award.

Ultimately, your recovery process after a motorcycle accident will entail proving liability, filing an auto insurance claim, and then building a personal injury case against the at-fault driver. Having an experienced motorcycle accident attorney assisting you will make every phase of your recovery efforts easier to manage and more likely to yield the results you hope to see.

FAQs

Q: How Do I Prove Liability for a Motorcycle Accident?

A: If you believe another motorist is responsible for causing your recent motorcycle accident, establishing liability will be a critical first step in your recovery efforts. However, if you were severely hurt in the accident, you may have little to no recollection of how the accident happened. An experienced attorney can help obtain traffic camera recordings, vehicle computer data, statements from witnesses, and even other drivers’ cell phone records to help you prove fault.

Q: How Much Compensation Can I Claim for a Motorcycle Accident?

A: State law dictates that whoever caused your accident is liable for all economic damages they inflicted; they are also responsible for your pain and suffering. The exact value of your claim hinges on the severity of the damages you suffered and whether you sustained any permanent harm. The first step in your recovery process will likely be filing a claim against the at-fault driver’s auto insurance, followed by a personal injury claim when their insurance can’t fully cover your damages.

Q: What Should I Not Do After a Motorcycle Accident?

A: A few poor choices following a vehicle accident can severely hamper your recovery efforts or even ruin your chance to recover as much compensation as the law allows. Do not discuss a claim settlement with an insurance company without an attorney, and do not admit any level of fault for the accident if you are questioned by police. You have a limited time in which to pursue your recovery after the incident, so reach out to legal counsel for the guidance you need in this situation.

Q: What Happens if the Other Driver Doesn’t Have Insurance?

A: Texas law requires all drivers to have auto insurance that meets the state’s minimum coverage requirements for bodily injury liability and property damage liability. However, the state has a high rate of uninsured drivers, so there is a chance that the driver responsible for your motorcycle crash may not have auto insurance. In this situation, you could claim against your own policy if you have purchased uninsured driver coverage, and if not, you will need to proceed directly to file a personal injury claim against the at-fault driver.

Q: Should I Hire an Attorney After a Motorcycle Accident?

A: Hiring an experienced motorcycle accident attorney isn’t strictly necessary under state law, but the right legal team handling your case can make every aspect of your recovery efforts easier to manage and more likely to yield positive results. Your attorney can help you file an auto insurance claim, ensuring that the at-fault driver’s insurance carrier handles your claim in good faith. If you cannot fully recover your damages through insurance, they can help file your personal injury suit against the at-fault driver and maximize your recovery in a shorter time than you could likely manage on your own.

The team at Stevenson & Murray has successfully helped many motorcycle accident victims recover from these damaging experiences. We know the challenges you might encounter as you seek compensation for your losses, and we are confident in our ability to guide you to a positive outcome in your case. Contact us today to schedule a consultation with our team and learn more about the legal services we offer.