Austin Motorcycle Accident Attorney

Our Austin Motorcycle Accident Attorneys Can Help You Fight to Get Every Last Dollar You Deserve

Unfortunately, motorcycle accidents happen frequently on our roadways in Austin, Texas. According to a Texas Department of Transportation study, 496 motorcycle operators and passengers died in vehicle crashes in 2016. Of this number, 53% involved motorcyclists who were not wearing a helmet at the time of the accident. Even when motorcyclists utilize safety equipment (such as helmets, leather clothing, gloves, etc.), they are at a greater risk of catastrophic injury and death than other motorists.

When another person or entity acts carelessly or recklessly, and you or your loved one are injured, you are entitled to take legal action. An Austin motorcycle accident attorney at Howry Breen & Herman can help injured motorcyclists hold negligent parties accountable.

As a client-focused, results-driven law firm, we offer compassionate legal counsel and aggressive advocacy at every step. Our team of skilled motorcycle accident attorneys in Austin can help you fight for the whole, fair recovery you are owed.

Call our law office at (512) 430-4844 or fill out a confidential contact form today to get started with your free, no-obligation consultation. We assist clients in Austin, Georgetown, and the nearby areas.

Understanding Motorcycle Accident Negligence in Austin

Far too often, other drivers don't look out for motorcyclists. Unsafe driving behavior distracted driving, and other motorist negligence can all lead to motorcycle accidents. Other drivers are not always to blame, however. Negligent road design or dangerous road conditions can also lead to serious motorcycle accidents.

Some of the most common causes of motorcycle accidents that can be attributed to negligence include:

• Cell phone use, including texting while driving
• Driving while intoxicated (DUI/DWI)
• Speeding, street racing, and other reckless behavior
• Unsafe maneuvers, such as turning into the path of an oncoming motorcyclist
• Changing lanes into a motorcyclist
• Opening a car door in the direction of a motorcyclist
• Following too closely ("tailgating")
• Dangerous road design, including unsafe turns or speed limits
• Poor road condition, potholes, and debris obstructing a roadway

Often, motorists will try to claim that they did not see a motorcyclist before or while the accident occurred. However, this does not excuse negligent driving. Car and truck drivers must afford motorcyclists the same level of reasonable care as other motorists. They can be held accountable when they fail to do so and their negligence results in injuries or death.

What is a No-Contact Motorcycle Accident?

In many motorcycle accidents, the motorcyclist narrowly avoids a collision by slamming the brakes or lying the motorcycle down on the pavement. Although the motorcyclist prevents a crash with another motorist, they can still suffer catastrophic injuries due to their defensive maneuvers in a no-contact motorcycle accident.

It is essential to realize that the other motorist in a no-contact motorcycle accident can still be entirely at fault for what happened, even though they can eventually leave the scene without any dents or scratches to their vehicle.

Our experienced attorneys are familiar with motorcycle accidents and their causes, including complex no-contact motorcycle crashes. We know how to look for specific evidence to prove that another driver caused your crash despite them being wholly unchanged and unaffected.

Navigating the Legal Challenges of Motorcycle Accident Claims in Texas

In Texas, motorcyclists face several legal challenges when trying to recover compensation from a motorcycle accident claim involving another motor vehicle. Some of these challenges include:

• Bias Against Motorcyclists: There can be a bias against motorcyclists in accident cases, with the assumption that they are reckless or at fault simply because they ride motorcycles. This bias can affect jury perceptions and insurance adjusters' evaluations of the claim.
• Comparative Negligence: Texas follows a modified comparative negligence rule, meaning if the motorcyclist is found partially at fault for the accident, their compensation may be reduced by the percentage of fault assigned to them. Proving the other driver's negligence while defending against allegations of the motorcyclist's negligence can be challenging.
• Difficulty Proving Liability: Establishing liability in motorcycle accident cases can be difficult, especially if there are no independent witnesses or conflicting accounts of the accident. Without strong evidence, such as police reports, witness statements, or video footage, proving the other driver's fault can be challenging.
• Severity of Injuries: Motorcyclists are more vulnerable to serious injuries in accidents compared to occupants of enclosed vehicles due to the lack of protection. Severe injuries can lead to high medical expenses, lost income, and long-term disability, increasing the stakes of the claim and the resistance from insurance companies.
• Insurance Coverage Issues: In some cases, the at-fault driver may not have sufficient insurance coverage to fully compensate the motorcyclist for their damages. Additionally, Texas law does not require motorists to carry personal injury protection (PIP) insurance, which could further complicate the compensation process.
• Prejudice Against "Lane Splitting": Lane splitting, where a motorcyclist rides between lanes of slow or stopped traffic, is illegal in Texas. If a motorcyclist was lane splitting at the time of the accident, it could prejudice the case against them, even if the other driver was primarily at fault.
• Challenges in Obtaining Fair Compensation: Insurance companies may undervalue motorcycle accident claims or offer low settlements, especially if the motorcyclist is not represented by an experienced attorney. Negotiating fair compensation and, if necessary, litigating the case in court can be challenging and time-consuming.

At Howry, Breen & Herman, LLP, we understand the complexities and challenges that motorcyclists face when seeking compensation for accidents involving other motor vehicles in Texas. Our experienced team is dedicated to advocating for the rights of injured motorcyclists and fighting for the compensation they deserve.

We have the expertise to navigate the legal process, gather evidence, negotiate with insurance companies, and, if necessary, litigate the case in court. Let us be your trusted legal ally during this difficult time.