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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.

Understanding the Legal Process After a Motorcycle Accident

After a motorcycle accident, it's important to understand your rights and the legal process for seeking compensation for your injuries and damages. Our team of experienced Austin motorcycle accident attorneys can guide you through the complex legal system and help you navigate the challenges of filing a personal injury claim.

Key aspects of the legal process for motorcycle accident cases include:

  • Evidence collection and preservation
  • Negotiating with insurance companies
  • Filing a personal injury lawsuit, if necessary
  • Working with accident reconstruction experts
  • Seeking compensation for medical expenses, lost wages, and pain and suffering

Don't navigate the legal process alone. Contact our firm today for a complimentary consultation to discuss your motorcycle accident case and learn how we can help you fight for the compensation you deserve.

Contact Austin's Trusted Motorcycle Accident Attorneys Today

Motorcyclists tend to sustain severe, even catastrophic injuries when collisions or accidents occur, including spinal cord damage and traumatic brain injuries. The cost of medical treatment to address these injuries can be exorbitant. This is often compounded by the fact that injured victims must take time off work to address their injuries and, in some cases, cannot return to work. As a result, a motorcycle accident's economic and non-economic damages can be incredibly overwhelming.

At Howry Breen & Herman, our Austin motorcycle accident lawyer can handle every aspect of your case so that you can focus on getting the vital care you need. Any Austin motorcycle accident lawyer at Howry Breen & Herman retains decades of experience and has handled thousands of cases.

We use our in-depth legal knowledge and skill to aggressively advocate for you while providing you with the dedicated, one-on-one guidance you need. With nearly 25 years of litigation experience and successfully recovering for our clients, we are here to help you fight for the best outcome for your case.

Call (512) 430-4844 to schedule a free consultation with our team.


Helpful Resources

Motorcycle Accidents
  • Best Lawyers Best Law Firms US News 2023
    Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here:
  • Texas Lawyer Austin Best of 2020: Personal Injury Firm
    Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
  • Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
  • Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
  • America's Top 100 Personal Injury Attorneys 2021
    Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
  • Best Lawyers Best Law Firms US News 2016
    Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 7 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here:
  • Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
  • Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
  • Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (2017) and Randy Howry (2018) are honored to receive this award.
  • America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2021) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
  • Expertise- Best Real Estate Lawyers in Austin 2020
    Expertise - Howry Breen & Herman was recognized and featured in an article by as one of the Best Real Estate Lawyers in Austin. 2020
  • America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (2019) and Randy Howry (2020) to be recognized among this elite group.
  • America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (2019) and Randy Howry (2020) to be recognized among this elite group.
  • The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, 2009 – 2020.
  • Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
  • Best Lawyers in America
    The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (2006-2020) running alongside some of the most qualified firms in the nation. More info here.
  • Texas Monthly Top Attorneys - Sean E. Breen
    Top Attorneys As Published In Texas Monthly
  • Top 50 US Verdicts All Practice Areas Texas 2017
    Sean Breen was honored by for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
  • Multi-Million Dollar Advocates Forum
    Sean Breen is a member of the Multi-Million Dollar Advocates Forum, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts. 2011.
  • Multi Million Dollar Advocates Forum
    We are proud to have Sean Breen who is a member of the Million Dollar Advocates Forum. In order to become a member, an attorney must demonstrate that he or she has successfully achieved at least one six-figure settlement or jury verdict. 2011.
  • AV Preeminent
    Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), Glen Wilkerson (2014) and Chris Lavorato (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
  • Super Lawyers
    Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
  • Top American Lawyers
    Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
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