Motorcycle Accident FAQs
Motorcycle accidents are some of the most devastating traffic crashes on Texas roads. Even if motorcyclists wear proper protection, they often still receive the worst end of a collision with a vehicle.
It is essential for you and your family to understand your individual options moving forward to recover compensation after an accident. Byrd Davis Alden & Henrichson, LLP, is the oldest personal injury firm in Austin. We have extensive experience to help our clients answer all of their questions, including:
What should I do after a motorcycle accident?
The steps to take after a motorcycle accident are:
- Immediately obtain medical treatment — Motorcycle accidents rarely do not involve injuries of some sort. Your well-being is the most important to your family and to you, so it is essential to seek medical attention.
- Document the accident — If you are unable to do so, enlist a family member or attorney to collect information about the accident using photos. It is also important to record the date, time and weather conditions when the accident took place.
- Contact an experienced attorney — A good personal injury lawyer will protect your rights and best interests from the moment of impact. You can depend on Byrd Davis Alden & Henrichson, LLP, to handle insurance companies and negligent parties on your behalf while you and your family focus on healing.
What compensation can I recover after a motorcycle accident?
Both injured motorcyclists and their passengers may recover compensation for:
- Past and future medical expenses
- Loss of income
- Diminished earning capacity
- Physical pain and suffering
- Physical impairment
- Physical disfigurement
- Wrongful death damages
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Punitive damages
What if I wasn’t wearing a helmet at the time of the accident? Can I still file an injury claim?
This depends on your individual situation. Texas law requires motorcyclists or passengers under 21 to wear a helmet. However, anyone over 21 does not have to wear a helmet as long as they fulfill the insurance and safety course requirements.
So, if you have the proper insurance and have passed the safety course, then you can still file to recover compensation after an accident.
However, even if you do not meet the helmet exemption requirements, it may still be possible for you to recover compensation. If you were not at fault for the accident and the other driver was clearly negligent, then you still have the right to file a claim.
My family lost a loved one to a motorcycle accident. What do I need to file a wrongful death claim?
To file a wrongful death claim, you must:
- Be the executor of the deceased’s estate, or be a spouse, parent, or child of the deceased
- Prove that negligence led to the death of your loved one
- Provide evidence that the family suffered damages from the death