What is the Average Payout for a Motorcycle Accident in Texas?

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.

Key Takeaways

• Motorcycle accident settlements vary because every crash, injury, and claim is different.
• Texas reduces compensation by the rider’s percentage of fault under proportionate responsibility.
• Injury severity strongly affects a motorcycle accident claim’s potential value.
• Compensation may include economic losses and non economic damages.
• Available insurance coverage can limit recovery for severe motorcycle accident injuries.

The Hard Facts

National crash statistics from a recent year showed the following:

• 5,579 motorcyclists were killed in motor vehicle crashes
• Two-wheeled motorcycles accounted for 90% of motorcycles involved in fatal crashes
• Motorcycle accidents account for 14% of all traffic fatalities and 18% of all occupant (driver and passenger) fatalities
• Of the 5,579 motorcyclist fatalities, 94% were riders, and 6% were passengers
• An estimated 82,528 motorcyclists were injured

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.

How Much Is My Motorcycle Accident Case Worth?

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:

Who is at fault for the accident?

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.”

What is an average motorcycle accident settlement?

There is not an “average” settlement because there is not an “average” motorcycle crash. Each collision is different, each injury is different, and each victim’s life is different. Therefore, each claim and settlement will be different. 

The most important thing is to seek help from an Austin motorcycle accident lawyer who handles claims involving the type of injury you suffered. 

The severity of your injuries

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.

Common motorcycle injuries include:

Traumatic Brain Injuries

Helmet use reduces the odds of sustaining a head injury after an accident. Unfortunately, some riders do not wear helmets, exposing them to the risk of brain and head injuries. The brain can also suffer injuries despite taking proper precautions.

Typical brain and head injuries include:

• Skull Fracture: A skull fracture is a break or a crack in the skull bone. There are various types of skull fractures, including linear skull fractures, diastatic skull fractures, basilar skull fractures, and depressed skull fractures.
• Concussion: A concussion occurs when the impact of a motorcycle accident is severe enough to cause a brain injury. If there is a blow to the head, torso, or neck in a motorcycle accident, it can result in the brain hitting against the wall of the skull.

Spinal Cord Injuries

Spinal cord injuries occur from damages to the spinal cord or the bones surrounding the spinal cord, known as vertebrae. Injuries may also occur due to damage to the ligaments or disks in the spinal column.

In a motorcycle accident, there is a possibility of a sudden or traumatic blow to the spine, which can dislocate, fracture, compress, or crush one or more vertebrae. If a spinal injury is “complete,” it permanently severs the spinal cord, leading to permanent paralysis below the point of injury. 

Paralysis will completely change the course of an accident victim’s life. They might not be able to work in any capacity or even care for themselves. This is a devastating injury that is usually irreversible and can cost millions in future medical care and expenses. 

Bone Fractures

Bone fractures regularly occur as a result of trauma from a motorcycle accident. Some common broken bones include:

• Limbs
• Joint bones
• Penvis
• Ribs
• Collarbone
• Facial bones
• Skull

If you sustain a compound fracture, you likely need emergency surgery. Some people never fully heal and might have permanent disabilities or disfigurement due to broken bones. 

These catastrophic injuries can result in large settlements, but you do not need a life-changing injury to file a claim for compensation. If you have a relatively minor injury that required medical treatment and kept you from work, you still deserve compensation for your losses. 

Other common motorcycle injuries include:

• Tibia (shin bone) and fibula (calf bone) fractures
• Concussion
• Neck injuries, such as whiplash

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.

Catastrophic Injuries in Motorcycle Accidents

Settlements from motorcycle accidents can often be significant. This is because the injuries can often be catastrophic due to a rider’s lack of protection. Some catastrophic injuries that might lead to lasting effects on your life and, therefore, a higher settlement include the following:

Traumatic Brain Injuries

Helmet use reduces the odds of sustaining a head injury after an accident. Unfortunately, some riders do not wear helmets, exposing them to the risk of brain and head injuries. The brain can also suffer injuries despite taking proper precautions.

Strength of the evidence presented

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.

Insurance liability coverage

Texas Transportation Code § 601.072 requires that all drivers carry the following insurance coverage:

• $30,000 for injury or death of one person in an accident
• $60,000 for injury or death of two or more persons in an accident
• $25,000 for damage to or destruction of another’s property in an accident

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.

Compensatory Damages

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:

• Lost wages
• Loss of earning capacity
• Doctor visits
• Vehicle repairs
• Medical equipment

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:

• Pain and suffering
• Mental anguish
• Negligent infliction of emotional distress
• Disfigurement
• Loss of companionship

An Austin motorcycle accident lawyer has experience with various motorcycle accident cases and will be able to decide which damages you should request.

Contact an Austin Motorcycle Accident Attorney Today

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.