In a single year, there were an estimated 7,481 motorcycle crashes in Texas, with 1,856 motorcyclists suffering serious injuries. Lacking the protection of an enclosed vehicle, motorcycle accidents can result in gruesome injuries.
If you have been in a motorcycle accident, you are probably wondering if there is an average settlement amount. While settlement amounts can range based on numerous factors, a motorcycle accident lawyer will be able to give you the best possible outcome.
A motorcycle accident lawyer at TK Injury Lawyers would like to discuss what factors determine a motorcycle settlement amount and what damages are considered in the process.
National crash statistics from a recent year showed the following:
Data from the same year showed that 483 Texan motorcyclists lost their lives in collisions. The study calculated that 50% of those riders killed were wearing a helmet.
Wearing a helmet does not offer adequate protection when a motorcyclist is sharing the road with other vehicles. Motorcyclists rely on car drivers to stay vigilant to ensure their safety.
While there is no “average” settlement for a motorcycle crash, there are common factors that are taken into consideration to determine a rider’s settlement.
Several factors will determine how much your case is worth:
Your ability to receive compensation will depend on what party is responsible for the crash. In most accidents, more than one driver can share the blame. Each state differs in how they handle compensation when the injured party is partially responsible for their injuries.
In states that practice contributory negligence, the injured person will be unable to receive any compensation if his or her actions contributed to the accident.
In Texas, you are still eligible to receive compensation if you are partly at fault. If you are partly liable for an accident, your damages will be reduced by that percentage. This is known as comparative negligence but also referred to as “proportionate responsibility.”
Riding a motorcycle is inherently more dangerous than driving a passenger vehicle. One study found that motorcyclists are twenty-four more times likely to die in a crash than a passenger vehicle driver.
If you are in a motorcycle crash, you are likely to end up with serious injuries. If you are lucky, you may only experience some abrasions and bruises.
Other common motorcycle injuries include:
Medical expenses can add up quickly. A trip to the emergency room or urgent care can be costly. Depending on the severity of your injuries, you may require follow-up visits with your primary care doctor or specialists. This does not factor in the cost of rehabilitative treatments or purchasing medical equipment to help you get around your home.
Medical bills are only one aspect. You will probably miss time from work, which will make it more difficult to pay routine bills. If you have long-term injuries or have suffered a permanent disability from the accident, you may not be able to return to your regular job.
Any photographs or eyewitness testimony taken at the accident scene can help to support your accident claim.
Photographs may include vehicle wreckage, skid marks, and the location where the accident occurred. If you are able to get a picture of the other vehicle’s license plate, this could be particularly beneficial, especially if you are in a hit-and-run.
Eyewitness testimony can be invaluable. A bystander who watched the event unfold may have seen details of the accident that you missed. Since the witness is an impartial third party, it can help strengthen your case and help clarify the events leading up to the crash.
Texas Transportation Code § 601.072 requires that all drivers carry the following insurance coverage:
Texas is a fault state, meaning that the vehicle operator who is liable for the accident will have to pay you damages. Texas only requires 30/60/25 coverage, and many drivers only purchase this minimum amount to save on insurance premiums.
If you suffered severe injuries, this will likely not cover your medical expenses. In these circumstances, the insurance company will attempt to negotiate a settlement. A settlement offer is generally two to three times the amount of medical bills and lost wages. The offer will most likely not factor in your future medical costs or lost earning capacity.
In a personal injury lawsuit, your attorney will prepare a demand letter to the insurance company.
The demand letter will establish the events that led to the collision, detail your injuries and medical treatment, describe how the insured was negligent, categorize damages, and make a specific monetary demand.
A skilled motorcycle accident attorney will be able to calculate any damages or losses that you incurred as a result of your accident. Damages are designed to make a victim “whole” again. Compensatory damages will reimburse you for both economic and non-economic damages.
Economic damages are any losses that have a direct monetary value. These may include:
Non-economic damages, on the other hand, are losses that create a detriment to your life but do not have a specific monetary value. These may include:
An Austin motorcycle accident lawyer has experience with various motorcycle accident cases and will be able to decide which damages you should request.
There are no guarantees in life, even in accident settlements. If you have been in a motorcycle accident, you need representation you can count on. The motorcycle accident lawyers at TK Injury Lawyers will help you receive the highest compensation possible. Contact us today to schedule your free consultation.
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
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