Motorcycle accident cases often involve some of the most horrific and often fatal injuries that a motorcycle accident attorney will ever come across. The personal injury claims process after motorcycle crashes is often a long and complicated one. Without the help of an experienced Dallas motorcycle accident lawyer, victims would find it very difficult to get the compensation they deserve. One of the biggest obstacles in a motorcycle accident claim is an insurance company that is unwilling to offer fair compensation to victims who have suffered severe injuries resulting from a motorcycle crash. Unlike car accidents, motorcycle crashes are often very one-sided in terms of who gets severely injured. In a motorcycle accident, it is the exposed rider who receives the bulk of the impact and injuries and therefore is entitled to representation by a strong legal team to recover compensation for injuries and losses sustained. In Dallas, Texas, one of the most highly-rated law firms to approach with a motorcycle personal injury claim is Schuerger Shunnarah Trial Attorneys. With years of experience dealing with Texas personal injury claims, these motorcycle accident lawyers are the go-to team for any victims of a motorcycle wreck. A free consultation with Schuerger Shunnarah Trial Attorneys in Dallas, Texas is just one call away at (833) 692-5038.
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What Our Clients Have To Say
I have worked with Schuerger Shunnarah twice and they have been very helpful on my personal injury cases. They went above and beyond my expectations and did a great job both times.
- Ashley C.
Schuerger Shunnarah helped me receive a settlement on my case in just months. I was treated with respect and dignity. Thanks to their help, I have been able to get my life back to normal.
- Michael S.
They provided me with excellent service throughout my personal injury case. They were available to answer my questions and helped me understand the process. I am very grateful for them!
- Deshawn B.
Texas Laws for Dallas Motorcycle Riders
One never knows when motorcycle accidents may happen. When they do, it is better to be found on the right side of the law to make it easier for a Dallas motorcycle accident lawyer to win against a determined insurance company.
In a motorcycle accident claim, representatives of the at-fault driver will do all they can to blame the riders. As such, it is important to always remember the following rules of the road:
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A valid class M license is a mandatory requirement for all Texas motorcycle riders
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Any motorcycle rider under the age of 21 must wear a helmet at all times when riding their bike
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Riders over 21 may forgo wearing a helmet provided they have no less than $10,000 in medical insurance coverage and have undergone an additional training course
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No passengers under the age of five may be allowed on a motorcycle
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Passengers under the age of 21 must wear a helmet at all times, while those over 21 may go without wearing a helmet provided the rider has met the specific legal requirements
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Lane-splitting is prohibited for all Texas road users, including motorcycles by the Texas law that says all vehicles must travel in a single lane
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Motorcycles may not be parked in the striped area next to the handicapped parking zone
Texas Motorcycle Accident Statistics
While riding motorcycles is a source of pleasure for riders, it is undeniably a dangerous activity. The chances of sustaining serious injuries are much greater for riders than for passenger vehicle occupants.
With the little protection that bike riders have it is no wonder that the following statistics are regularly witnessed:
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In one year, 463 people died in motorcycle accidents of which 430 were motorbike riders
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In 60% of all accidents that involve motorcycles, the rider is not at-fault
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Motorcycles account for 20% of all car accidents in Texas
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Motorcyclists are 5 times more likely to suffer serious injuries and 37 times more likely to get killed in a motorcycle/car accident
The Texas Department of Transportation further claims that at least 2,319 motorcyclists suffered severe injuries in 2021. The dangerous behavior of a few riders has tarnished the image of motorcyclists so much that an insurance company will normally look to blame the rider in such cases.
Other important stats that good Dallas motorcycle accident lawyers must know include the following data from 2021 (Dallas only):
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There were 22 fatal motorcycle crashes and 90 serious injuries in 2021
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108 motorcycle accidents resulted in minor injuries
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In 128 motorcycle accidents, there were possible but unconfirmed injuries
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Only 39 motorcycle accidents resulted in the riders walking away without any injuries
When looking at the entire state of Texas, these numbers go up drastically, for example, there were 521 fatal motorcycle crashes and at least 2,319 crashes involving serious injury.
With such staggering data, it is clear that Dallas motorcycle accident lawyers have their work cut out for them, especially considering the bad reputation that motorcycle riders have garnered over the years.
However, victims of motorcycle accidents should not hesitate to contact Schuerger Shunnarah Trial Attorneys in Dallas, Texas, and request a free consultation to discuss their options and chances of winning a personal injury claim.
Dallas Motorcycle Accident Information Center
Statute of Limitations for Dallas Motorcycle Accidents
From the date motorcycle accidents occur, victims in Dallas, TX only have two years in which to file a personal injury claim. This is known as the Statute of Limitations.
There is a lot of groundwork that needs to be covered by the attorney handling the motorcycle accident victim's case, so two years may seem like a long time but is very short.
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Typical Injuries Sustained by Motorcycle Accident Victims
Common motorcycle accident injuries are usually suffered by the rider and tend to be a lot more serious than injuries witnessed in other types of road accidents.
Usually, the nature of the injuries plays a big part in the amount that will be offered by the insurance adjuster as well as the damages awarded by the court should the victims and the insurance company fail to reach an agreement.
The more serious the injuries are, the more medical bills are incurred by the victims, not to mention a higher degree of pain and suffering. These are some of the common injuries to be expected from motorcycle crashes:
Lower Extremity Injuries
In most cases, the typical riding position of a motorcyclist causes a lot of damage to the lower areas of the body in the event of a crash, meaning the following examples are likely:
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Sprains or strains
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Loss of limb
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Broken bones
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Lacerations
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Road rash
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Severe burns
It is common for such injuries to require amputation, skin grafts, or other types of invasive surgery treatment plans that will incur huge medical bills, lots of time lost in hospitals, and a great deal of pain and suffering.
Head and Spine Injuries
The reason why many people advocate for the mandatory wearing of a helmet by all motorcyclists is that head injuries are some of the most serious any rider can suffer.
When combined with the high probability of suffering a spine injury as well, the results can be fatal or at the very least leave the victim debilitated for the rest of their lives.
Head injuries, in particular, have been the cause of a high number of fatalities on Texas highways. One of the problems with such injuries is that the victim may leave the accident scene without realizing that the motorcycle accident caused a serious injury to the head.
The result of this is that head injuries end up being undiagnosed for too long and increase their complications when it comes to treatment. This is why when dealing with any motorcycle accident injury to the head or spine, it is important to treat every injury as a serious one.
These are some of the common injuries that riders may suffer to the head or spine:
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Neck or back sprains and strains
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Disfiguring facial injuries
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Whiplash
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Spinal cord injuries
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Skull or spine fractures
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Traumatic brain injury
Other Injuries
When riding a bike on the open road, there is no telling what type of injuries one may suffer. The nature of the motorcycle accident, the vehicles involved, and whether or not the rider was wearing safety equipment all play a vital role in determining the severity of the injuries.
The important thing to note is that no matter the nature of the injuries, victims are entitled to seek compensation from the negligent driver or their insurance company.
This means even if they walk away with nothing more than a bit of road rash, approaching a motorcycle accident attorney is the best thing to do.
Having said that, the following are some of the other common injuries one can experience in motorcycle crashes:
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Amputations
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Concussions
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Paralysis
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Loss of limbs
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Internal bleeding
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Disfigurement
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Organ damage
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Scarring
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Fractured bones
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Severe lacerations
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Neck injuries
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Chronic pain
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Sometimes even death
Wearing a Helmet and Other Safety Tips for Motorcycle Riders
Under Texas law, riders are not obligated to wear a helmet if they are over 21 years of age and have the right training and proper insurance. However, considering that 53% of fatalities in motorcycle crashes are riders without helmets, such a risk is not worth taking.
Not only will not wearing a helmet put the rider's life in danger but it may also affect the amount of compensation they will receive in their personal injury claim.
When applying comparative negligence laws, a motorcyclist may be found partially responsible for their head injuries because they chose not to wear a helmet.
Other safety equipment, such as riding boots, gloves, goggles, and a complete riding outfit are important to help protect the rider in the event of a motorcycle crash.
The following are some great tips to have that may save a rider's life or at least prevent serious injury in a motorcycle accident:
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Visibility Is Important
The reason why motorcycles need to have their headlights on at all times while on the road is because of the connection between most motorcycle accidents and the low visibility of riders.
Most drivers are so used to keeping an eye out for other cars and larger vehicles that they often do not see a motorcyclist riding next to them. The rider will be assuming that the driver is aware of their presence but that will not be the case.
As a result, a driver may make a turn without giving a proper warning to the cyclist which will result in an accident occurring.
Ridders can take steps to avoid this by wearing reflective riding attire, keeping their lights on, and avoiding riding too closely to other vehicles.
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Riders Need Proper Training
A lot of motorcycle crash injuries and fatalities can be avoided with proper training of riders on the road rules and how to keep themselves safe. Getting a motorcycle license is a requirement according to Texas law but it helps to go the extra mile in terms of training.
Such additional training needs to include important things, such as:
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How to properly take care of their motorcycle
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Sharing the road safely with other drivers
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Avoiding taking part in risky activities, such as street racing
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Proper evasive maneuvers in case of an emergency
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First aid after a motorcycle accident
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The road rules and regulations that are essential to riders in particular
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Properly Wearing Safety Equipment
Having all the necessary safety equipment is not going to be helpful unless riders know how to properly and consistently wear it. Motorcyclists should also ensure that any passengers they choose to take with them are wearing all the required safety equipment.
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Five Important Things To Do After a Motorcycle Accident
Being involved in a motorcycle accident can be a very traumatic experience and it is common for victims to feel disoriented for some time after the crash.
Thinking logically in such situations may be very difficult, so it is helpful to always have a plan of action regarding how they will handle the situation if they are involved in a motorcycle accident.
The following are five of the most important things to remember if one finds themselves a victim of a motorcycle crash:
Call the Police
It is common for victims to have a completely different account of the events leading up to the motorcycle accident compared to what the at-fault driver will be claiming. An insurance company may try to exploit these conflicting views to avoid paying the compensation the victims deserve.
This is why the first thing victims of motorcycle accidents need to do after the crash is to call the police. Having a police report to collaborate the victim's account of the events is one of the best ways to endure credibility.
The police report will also include a lot of essential information, such as the time and location of the motorcycle accident, all of which a Dallas motorcycle accident attorney will need when filing a motorcycle accident lawsuit.
Seek Medical Attention
It is important to ensure the safety of all those involved in a motorcycle accident. Victims must be rushed to the hospital as soon as possible to receive the medical attention they require.
The last thing anyone wants is for a serious injury to end up becoming fatal simply because there was a lack of urgency in seeking medical care.
Getting examined and treated by a doctor will also mean that the victim will have an all-important doctor's report that documents the nature and extent of the injuries as well as the accompanying medical expenses that the victim had to shoulder.
Such details will be required by the courts when determining how much compensation the victim will be entitled to.
Collect Evidence
Going against insurance companies can be an all-out war between highly experienced legal teams. At such times, having all the evidence one can get their hands on can be the only difference between winning and losing a motorcycle accident case.
Typical evidence that may be used to win a personal injury lawsuit includes things such as photos of the accident scene, witness reports, and receipts from hospital bills.
Interviewing witnesses, in particular, should be done as soon as possible while the details of the accident are still fresh in their minds. A Dallas motorcycle accident attorney can assist with that part of the personal injury claims process.
Keep All Important Records
All records, receipts, and paperwork connected to the motorcycle accident case in any way should be kept in a safe place. Personal injury lawyers will need this information, including the details of a victim's insurance coverage when fighting for maximum compensation.
Contact the Best Dallas Motorcycle Accident Lawyers
In the end, the most important thing in any motorcycle accident lawsuit is having the right law firm to oversee the case. When it comes to causing severe injury, motorcycle crashes are among the major causes. As such, it is only right for a victim to hire the best legal team they can get their hands on and seek maximum damages.
Common Causes of Motorcycle Accidents in Dallas, TX
One of the first things that Dallas motorcycle accident attorneys need to do when they sit down with victims of motorcycle accidents is to try and figure out the likely cause of the accident.
In motorcycle accident cases, the cause of the crash will have a huge bearing on determining who the negligent driver/rider is. The following are the common cause of a motorcycle accidents in Dallas, TX:
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Speeding
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Distracted driving
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Failure to yield right of way when turning left
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Opening of a car door
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Unsafe lane changes
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Improper maintenance
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Faulty evasive action in emergencies
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Faulty motorcycle repair work
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Failure to drive in a single lane
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Defective design of the motorcycle
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Not yielding when entering or exiting a private drive
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Mechanical failures
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Tailgating
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Running a red light or stop sign
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Ignoring a stop-and-go sign
What Not To Do After a Motorcycle Accident
Just as it is important to know the right steps to take after a motorcycle accident, victims must also take care to avoid making common mistakes that may jeopardize their injury claim.
The following are some of the things victims need to avoid doing as much as they can:
Move Any of the Vehicles Involved
A proper analysis of the accident scene needs to be conducted by the police or accident scene investigators to help determine the cause of the accident and, more importantly, the negligent party. As such, victims should avoid moving any of the vehicles involved in the accident at all costs.
At times the victims may be tempted to move the vehicles that are blocking the road, but once they do this, it will be very difficult for the motorcycle accident attorneys to get the insurance company to pay up.
Admit Fault
Victims need to realize that the scene of the accident is not the right time to discuss who is at fault, even if they feel that they are the responsible party.
Only after taking proper legal counsel can the issue of fault be decided. Anything the victim decides to say to the police officer or the other driver can, later on, be used against them when seeking compensation.
Sign Any Paperwork
At no point in time should the victim be obliged to sign any paperwork without talking to their lawyer first. A signed statement can prove to be damning evidence in a personal injury lawsuit and can cost the victim lots of money in damages.
Talk Carelessly With Insurance Company Representatives
Any representatives of an insurance company are there for one thing and one thing alone, which is to look out for the best interests of their employer.
This means no matter how compassionate and understanding they may be, victims of motorcycle accidents should be wary not to say anything that may be used against them, and not to accept any offers made before consulting experienced attorneys.
Compensation for Motorcycle Accident Victims
The main reason for going through the entire process of reviewing the reports from the insurance adjuster and insurance company, and launching a personal injury claim, is to make sure that the victim gets the compensation that they deserve.
This is easier said than done because there are a lot of things to consider that may affect whether victims are compensated, and if so, how much they will get. The court will consider the following:
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The cause of the accident
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Whether the victim has a license and is authorized to be on the road
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The severity of the injuries suffered by the victim
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If the victim is also to blame for the motorcycle accident
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Any extenuating circumstances, such as the presence of minors or drunk driving
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The evidence against the negligent driver
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Whether the at-fault party is showing remorse
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The full compensation being asked for by the victim
Only after considering all these facts can the courts decide whether or not to award any of the following damages:
Economic Damages
These are financial damages incurred by the victim as a direct result of the other driver's negligence. Economic damages are usually discussed in the very first free consultation because they are easier to calculate and usually make up the bulk of the full compensation the victim will receive.
Victims of motorcycle accidents can expect to receive compensation for:
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Medical Bills
All costs associated with the treatment of injuries sustained in the motorcycle accident should be paid by the negligent driver or their insurance company. This includes medication, hospitalization, and any surgeries that may be needed.
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Lost Wages
Having to spend time away from work will have a significant impact on the financial stability of the victim and their family. As such, lost income must be calculated and accounted for as part of the damages owed to the victim.
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Property Damage
On the part of the motorcyclists, property damage will mean the loss of their motorcycle along with any other material possessions that may have been damaged in the crash.
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Rehabilitation
When a motorcycle collision results in very serious injuries, the recovery process can be a very long and expensive one. The costs of rehabilitation alone can be enough to cripple an ordinary family's finances.
As such, motorcycle injury attorneys need to be able to show that the victim will require a lot of rehabilitation and future medical expenses so that the cost of this is included in the damages awarded.
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Funeral Expenses
If the victim is killed due to their motorcycle injuries the funeral costs will also have to be included in the damages. Many motorcycle accidents in which the victims suffer severe injuries, unfortunately, end this way.
Non-economic Damages
When talking about non-economic damages, these generally refer to the non-monetary damages that the court may choose to award to the victim in light of the particular circumstances of the motorcycle accident.
These include damages for pain and suffering, loss of companionship due to wrongful death, and even the loss of enjoyment of life. Non-economic damages are generally awarded to the spouse of a deceased victim, or victims who are permanently disabled or disfigured.
Punitive Damages
In cases where the judge feels that the actions of the negligent driver deserve extra punishment, punitive damages may be awarded. This is entirely up to the court's discretion and these damages may or may not be paid directly to the victim of the accident.
Looking For Top Dallas Motorcycle Accident Attorneys? Try Schuerger Shunnarah Trial Attorneys!
The hunt for an experienced personal injury attorney with extensive knowledge of bike accidents, liability insurance, and Texas laws regarding compensation and at the doorstep of Schuerger Shunnarah Trial Attorneys in Dallas, Texas.
Victims can take advantage of the offer of a free consultation to discuss the motorcycle accident, injuries sustained, and the damages they are likely to win with such a strong and compassionate team of expert Dallas motorcycle accident lawyers by their side.