Hays Motorcycle Accident Lawyer

Hays Motorcycle Accident Attorney

Motorcycles are a fast, economical way to travel, but motorcyclists are vulnerable on Austin area roads. Due to the exposure on a motorcycle, the risk of severe, life-threatening injuries increases exponentially when a motorcyclist encounters a reckless, negligent driver. If you or a loved one has been injured in an accident, it’s important to consult with a Hays motorcycle accident lawyer to help pursue compensation.

The Sharp Firm has over 30 years of experience and success with personal injury claims, including motorcycle accidents. We serve the citizens of Hays County and the entire Austin metro with compassion, knowledge, and trusted advocacy. We are familiar with the court process at the Hays County Courthouse located at 712 S Stagecoach Trail, San Marcos, TX 78666.

Driver Negligence in Motorcycle Accidents

While Texas follows a modified comparative fault standard, meaning a degree of negligence is assigned to both parties in an accident, 60% of the time, the other driver in a motorcycle accident is found to be more liable.

The difference in weight and size between a car or truck and a motorcycle alone can create devastating effects. When a car changes lanes and veers into the path of a motorcyclist, crosses the center line, or pulls out in front of a bike without giving the motorcyclist adequate reaction time, the results can be fatal. While riding a motorcycle is inherently risky, especially without a helmet, irresponsible drivers still need to be held accountable.

Motorcycle accidents accounted for over 15% of all traffic fatalities in 2023, impacting countless families. Even in cases where the motorcyclist survives the crash, they are likely to endure severe injuries. The potential for traumatic brain and spinal cord injuries, road rash, and broken bones is higher in motorcycle accidents than in any other type of accident. These injuries often necessitate expensive medical treatment and months or even years of rehabilitation therapy.

Building a Successful Personal Injury Case

After a motorcycle accident, it’s important to follow proper accident protocol to protect your chances of receiving a settlement. Safety always comes first. Since you are likely to be injured, ask someone to call 911. If you can, collect insurance and contact information from the driver, and gather eyewitness testimony. As soon as possible, contact a Hays motorcycle accident attorney to begin building your case.

In Texas, successful personal injury claims begin with evidence. Plaintiffs have the burden of proof in motorcycle accident claims and must demonstrate that the driver carries the preponderance of liability. It’s crucial to contact an attorney as soon as possible, as victims of motorcycle accidents have a limited amount of time to bring a claim to the courts. Most traffic cases are heard at the Hays County courthouse in San Marcos.

Personal injury cases can be complex and stressful, and motorcycle accident laws increase the potential for litigation, so it’s vital to keep records of medical treatment, employment issues, and any other hardship you encounter as a result of your accident. A qualified attorney can help with obtaining witness statements and any evidence necessary to reinforce your case.

Damages Awarded in Motorcycle Accident Settlements

When a victim proves fault in a motorcycle accident case, the courts assess the total scope of damages the at-fault driver is liable for when determining a settlement or judgment. These damages take two forms:

• Economic damages, including medical bills, lost wages due to the accident, vehicle repair or replacement costs, and anticipated future medical costs, including ongoing therapy and rehabilitation, or any future treatments or surgeries the plaintiff is likely to face.
• Non-economic damages, such as pain and suffering, including psychological trauma, chronic pain, and emotional distress. These damages are largely dependent on the severity of the injuries sustained.

An experienced attorney in Hays can advocate on your behalf to help ensure you receive fair compensation in your settlement. Motorcycle accidents can create ongoing hardship in the future, so it’s important to ask for what you are entitled to receive, by law. You and your family deserve justice and financial compensation for your suffering.

FAQs

Should I Hire a Motorcycle Accident Lawyer?

Yes, even if the driver who injured you is insured, insurance companies rarely provide adequate compensation. A personal injury claim created by a knowledgeable attorney can help you receive the full scope of compensation Texas law allows. It is very difficult for the average citizen to bring a successful personal injury claim in court without legal representation.

Most accident lawyers work on a contingency basis, which means they do not collect compensation unless you receive a settlement.

How Long Do Motorcycle Accident Settlements Take?

The time an accident settlement takes is contingent on the complexity of the case, legal processing time in the courts, and how long the negotiation phase lasts. Most personal injury cases are resolved within a year, but every case is different, and the duration depends on several factors. Your attorney can provide an estimated time frame for your case once they have reviewed the aspects of your situation.

What Is the Average Settlement for a Motorcycle Accident?

Settlements are determined by the economic and non-economic hardships the plaintiff faces after their accident. Therefore, there is no true average for a settlement, as each case presents differences in severity, the scope and cost of ongoing medical treatment, and differing financial hardships due to lost wages and work.

Texas awards damages for pain and suffering, meaning most plaintiffs receive compensation for both economic and non-economic damages.

What Is Comparative Fault?

In Texas, the liability for accidents is calculated using the modified comparative fault rule, which assigns a percentage of negligence to both parties in an accident. So long as your percentage of fault is determined to be less than that of the defendant, you will be awarded compensatory damages. An experienced accident lawyer can help you gather vital evidence to prove to the court that your percentage of liability is lower.

Contact The Sharp Firm for a Free Consultation

We understand how devastating a motorcycle accident can be, and we’re here to help. With over three decades of experience helping our clients obtain compensation, we will listen attentively and compassionately to the details of your case and help you determine an effective legal course of action. We offer a free consultation to evaluate your case. If you or a loved one has been the victim of a negligent driver, contact us today.