Austin Motorcycle Accident Attorney

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

Unfortunately, motorcycle accidents frequently occur on 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 use safety equipment (such as helmets, leather clothing, and gloves), they still face a higher risk of catastrophic injury and death compared to other motorists.

When another person or entity acts carelessly or recklessly and you or your loved one are injured, you have the right to pursue 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 is committed to fighting for the full, fair recovery you deserve.

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 fail to watch for motorcyclists. Unsafe driving behaviors, distracted driving, and motorist negligence can all lead to motorcycle accidents. Other drivers are not always at fault, however. Negligent road design or dangerous road conditions can also cause serious motorcycle accidents.

Some of the most common causes of motorcycle accidents that result from 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 conditions, 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 rider narrowly avoids a collision by braking suddenly or laying the motorcycle down on the pavement. Although the motorcyclist avoids directly hitting another vehicle, they can still suffer catastrophic injuries from these defensive maneuvers in a no-contact motorcycle accident.

No-contact accidents often occur when a motorist’s sudden lane change, turn, or failure to yield forces the rider into evasive action. In busy Austin intersections, particularly those with dense traffic flow or inadequate signage, drivers may create unexpectedly dangerous situations that require quick response from motorcyclists. Even without physical impact, these incidents can lead to severe injuries and significant financial losses.

The other motorist in a no-contact motorcycle accident may still be entirely at fault, even if their vehicle remains undamaged and they leave the scene without stopping.

Our experienced attorneys are familiar with motorcycle accidents and their causes, including complex no-contact motorcycle crashes. We know what evidence to look for to show that another driver caused your crash, even if their vehicle was unaffected.

Navigating the Legal Challenges of Motorcycle Accident Claims in Texas

In Texas, motorcyclists face several legal challenges when seeking 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 working to recover the compensation they deserve.

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

Key Steps to Take After a Motorcycle Accident in Austin

Taking the right actions immediately after a motorcycle accident can make a significant impact on your physical recovery and any future claim. In Austin, always prioritize your safety by moving to a secure location if possible and calling emergency services promptly at the scene. Law enforcement officers will usually respond and create a crash report, which often provides crucial details for your case.

After receiving medical attention, document your injuries and treatments carefully. Save copies of all hospital and doctor records, receipts, and communications from insurers. If you feel able, gather photos or videos of the accident scene, including the vehicles involved, road conditions, traffic signals, and visible injuries. Texas law requires drivers to exchange insurance and contact information; be sure to obtain this from all involved parties.

It also helps to write down your account of the accident while it is fresh in your memory. Include details like weather conditions, time of day, and anything unusual you noticed leading up to the crash. If you have contact information for witnesses, ask them if they would be willing to share what they saw. Each of these steps lays a stronger foundation for any potential personal injury claim and prepares you for conversations with insurance companies and legal counsel.

Types of Compensation Available in Texas Motorcycle Accident Claims

After a motorcycle accident, the financial burden can quickly become overwhelming. Texas law allows injured riders to seek compensation for a wide range of damages. Economic damages include medical expenses, lost wages, and the cost of physical rehabilitation or assistive devices. Non-economic damages recognize the impact of pain, suffering, and reduced quality of life caused by the accident.

If a crash leads to permanent injury or disability, you may also pursue compensation for future lost earnings and necessary long-term care. In some cases, courts award punitive damages if a defendant’s gross negligence or reckless behavior caused the crash. The specific details and amount you can seek depend on the facts of your case, the extent of your injuries, and the insurance coverage available for all parties involved.

Personal injury attorneys familiar with Austin courts and insurance providers can help clarify what categories of compensation apply to your situation. Clear documentation and timely filing are critical for the best possible result, and starting this process early gives you a stronger position when negotiating with insurance companies.