Motorcycle Accidents

Waco Motorcycle Accident Lawyer

PROTECTING THE RIGHTS OF MOTORCYCLISTS INJURED BY NEGLIGENT MOTORISTS

damaged motorcycle laying in road after crash

Motorcyclists assume the risk of utilizing vehicles that are much smaller than cars and that lack all but the most basic safety features. However, motorcycle riders still deserve respect from other drivers as well as a safe driving experience. Unfortunately, due to issues such as reckless drivers, unsafe roads, and auto defects, thousands of motorcyclists suffer devastating injuries on the road every year.

TEXAS MOTORCYCLE LAWS

Licensing & Endorsements

To ride a motorcycle in Texas, you must have a Class M license, which requires passing a motorcycle safety course. Riders under 18 face additional restrictions, including engine size limits and supervision requirements.

Helmet & Eye Protection

All riders under 21 must wear a DOT-approved helmet, while those 21 or older can ride without one if they’ve taken a safety course and carry at least $10,000 in medical insurance. Eye protection is required unless the motorcycle has a windshield.

Insurance & Liability

Texas law requires all motorcyclists to carry liability insurance with minimum coverage of $30,000/$60,000/$25,000. The $10,000 in medical insurance needed for helmet exemption is separate from this liability coverage.

Road Rules & Equipment

Lane splitting is illegal in Texas, and motorcyclists must stay within a single lane. Bikes must meet specific equipment standards, including a maximum handlebar height of 15 inches above the seat.

Penalties & Legal Implications

Riding without a required helmet can result in fines and may affect injury compensation in an accident. Violating lane laws or lacking proper insurance can also lead to citations and liability issues.

TYPES OF DRIVER NEGLIGENCE THAT CAN MAKE YOU ELIGIBLE FOR COMPENSATION

Although a number of issues could lead to motorcycle accidents, they are often the result of other drivers’ negligence. At the Law Offices of Vic Feazell, P.C., we have considerable experience helping injured motorcyclists take action against unsafe drivers, including those who cause motorcycle accidents due to the following:

Reckless driving
Failure to yield right-of-way
Failure to stop at stop lights or signs
Failure to check before making a turn or changing lanes

Additionally, motorcycle riders can also be harmed by auto defects or highway defects that cause them to lose control over their bikes.

WHAT AN ATTORNEY CAN DO FOR YOU

Injured motorcyclists may face various legal challenges when pursuing a motorcycle accident lawsuit, such as the following:

Bias Against Motorcyclists: Motorcyclists may face bias in court, as some people hold negative stereotypes about them. This bias might influence perceptions of fault in an accident.
Visibility Issues: Motorcycles are often smaller and less visible than other vehicles, which can lead to challenges in establishing visibility as a factor in the accident. Defendants may argue that the motorcyclist wasn't visible, contributing to the collision.
Lane Splitting: In some jurisdictions, lane splitting (riding a motorcycle between lanes of slow-moving or stopped traffic) is illegal. If a motorcyclist was lane splitting at the time of the accident, it could impact their legal standing.
Helmet Use: Helmet laws vary by location. In places where helmet use is mandatory, not wearing one could affect a motorcyclist's ability to recover damages. However, even in places without mandatory helmet laws, not wearing one might be used against the motorcyclist.
Assumption of Risk: Defendants may argue that motorcyclists assume a higher level of risk when choosing to ride, and therefore, they should bear some responsibility for their injuries.
Comparative Negligence: Texas applies the principle of comparative negligence, where the plaintiff's recovery is reduced by their percentage of fault. Establishing who was at fault in an accident can be a complex legal challenge.
Inadequate Insurance Coverage: Motorcyclists may face challenges if the at-fault party has inadequate insurance coverage. This could limit the compensation available for medical expenses and other damages.
Prejudice in Jury Perception: Jurors may hold biases against motorcyclists, affecting their perception of the case. Overcoming these biases can be a challenge for the motorcyclist's legal team.

Thankfully, those who are injured in motorcycle accidents caused by other people are often able to receive compensation for the costs of their damages. If you have been involved in a motorcycle accident, our Waco motorcycle accident attorneys at the Law Offices of Vic Feazell, P.C., understand just how daunting your situation can feel, and we are dedicating to providing motorcycle accident victims with the help they need.

Here are some reasons why you may want to consider our services:

Legal Expertise: When you choose our firm, you benefit from our extensive legal expertise in handling motorcycle accident cases. Our Waco motorcycle accident attorneys have a deep understanding of relevant laws, regulations, and court procedures.
Investigation and Evidence Gathering: We take the initiative to thoroughly investigate the details of your motorcycle accident. This includes collecting evidence such as accident reports, witness statements, and any available surveillance footage to build a strong case on your behalf.
Negotiation Skills: Our skilled negotiators will work tirelessly to secure a fair settlement for your case. We understand how to navigate negotiations with insurance companies and other parties involved to ensure that you receive the compensation you deserve.
Legal Representation in Court: If your case goes to court, our experienced trial attorneys will provide strong legal representation. We are well-equipped to present your case persuasively, utilizing our knowledge of the law and courtroom procedures to advocate for your rights.
Handling Communication with Insurance Companies: Dealing with insurance companies can be challenging. We take the burden off your shoulders by handling all communication with insurers. Our goal is to protect your interests and ensure that you are not taken advantage of during the claims process.
Maximizing Compensation: Our focus is on maximizing the compensation you receive for your injuries, medical expenses, lost wages, and other damages. We are committed to helping you recover the financial resources needed to rebuild your life after a motorcycle accident.
Personalized Legal Strategy: Each case is unique, and we understand that one size does not fit all. Our Waco motorcycle accident lawyers will develop a personalized strategy tailored to the specific circumstances of your motorcycle accident, increasing the chances of a favorable outcome.
Peace of Mind: By entrusting your case to the Law Offices of Vic Feazell, P.C., you can have peace of mind knowing that experienced professionals are diligently working to protect your rights and pursue the best possible outcome for your case.

LAW OFFICES OF VIC FEAZELL, P.C.: DEDICATED TO PROTECTING YOUR RIGHTS

If you have been the victim of a motorcycle accident caused by someone else, you don’t have to face the consequences on your own. Contact our Waco motorcycle accident attorneys of Law Offices of Vic Feazell, P.C., at (254) 938-6885 today to talk to our dedicated legal team about your case and learn more about your rights and options in this difficult situation.

Contact us today at (254) 938-6885 to let our Waco motorcycle accident lawyer start your claim.

Motorcycle Accident FAQs:

Can I recover damages for an accident if I wasn’t wearing a helmet?

Yes, you can still sue a motorist for crashing into you if you did not have a helmet on. Even if you were riding where helmet use was required, your decision not to wear one doesn’t cancel your right to file a claim. However, your liability for the extent of your injuries, especially for a head injury, will likely be much higher than if you had been wearing a helmet.

What if the driver who hit me didn’t have insurance?

Being hit by a driver who has no insurance is bad, but it is not necessarily the end-all-be-all of your motorcycle accident claim. If you have purchased uninsured motorist (UM) insurance, then you can use it to pursue damages after being in an accident with a driver who had no insurance. The catch is that you will file against your insurance provider, not a third party.

What do you need to do to prove your motorcycle injury case?

As the plaintiff, you need to prove that the defendant is liable for your injuries and damages. They do not need to prove that they are not liable. This legal rule makes collecting and using evidence critical. Various types of evidence can help create your motorcycle injury case and prove your arguments, such as medical records, eyewitness testimonies, helmet cam footage, police reports, and more.

What if I was a passenger in a motorcycle accident?

Passengers in motorcycle accidents have the same right to file a claim or claims after being in a crash that was not their fault that riders do. The difference is that passengers might be able to file against other motorists and the person who was controlling the motorcycle they were on. It depends on the circumstances of the accident and why it happened, so a careful investigation from an experienced motorcycle accident attorney can be helpful.

Who can file a motorcycle accident lawsuit?

You can file a motorcycle accident lawsuit as a rider or passenger, and even if you are partially liable for your accident. In Texas, there is a 51% modified comparative negligence law. As long as you are not 51% liable for your damages, you can bring a claim against any party that is liable by any amount.

What if the at-fault party has very little insurance coverage?

Far too often, we hear from motorcycle accident clients who were hit by drivers with very little insurance coverage that won’t take care of their damages. Understandably, they are disheartened and fear that they won’t be able to recover from their accident. Thankfully, there are other ways to get more compensation from the liable party. For example, your uninsured/underinsured motorist (UM/UIM) can help cover any costs that the underinsured motorist’s policy does not pay. It is also sometimes possible to file against a separate insurance policy held by the driver who hit you, other than just their auto insurance policy. Homeowner’s insurance policies, for example, can sometimes be filed against, but the guidance of an experienced personal injury lawyer is often necessary.

What are the common costs associated with motorcycle accidents?

Motorcyclists who are involved in an accident caused by another vehicle might expect certain costs as a result. Some of the more common costs associated with motorcycle accidents involve:

Emergency transport
Emergency surgery
Medical care and attention
X-Rays / CT-Scans
Vehicle repair costs
Vehicle replacement costs
Income supplementation

"I highly recommend Jonathon Zemek, the paralegal that worked on my file and kept me updated on a consistent basis. I am happy with the outcome and their professionalism throughout the whole process."

I highly recommend the attorneys and paralegals at Vic Feazell. I'm glad that I chose this firm to work on my personal injury ...

Monica R.W.
"They really fought for me to ensure I received what I was entitled to. If you want a law office that cares about you and not a quick buck this is definitely the office for you."

We are so pleased with the service we received from The Law offices of Vic Feazell. Myra did an outstanding job by explains ...

Sonya D.
"I was involved in my case as if I was on the team, and that made me feel comfortable with them."

Seth did an amazing job fighting for me, not only did he fight he made sure every move he made was ok with me. I was involved ...

Marquisha D.

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