This article delves into the distinctions between motorcycle and car accidents, exploring the unique dynamics, injury rates, and preventive measures associated with each. From the higher risk of fatal injuries for motorcyclists to the protective features that shield car occupants, understanding these differences is key to fostering safer roads for everyone. Whether you’re a seasoned rider, a daily commuter in a car, or somewhere in between, this exploration offers valuable insights into the complexities of road safety and the importance of vigilance, no matter your mode of transportation.

Comparing Injury Rates in Motorcycle and Car Accidents

When comparing injury rates in accidents, it’s evident that motorcyclists face higher fatal injury risks compared to car occupants. The lack of physical protection around motorcyclists means they are more susceptible to severe injuries upon impact. Head injuries are notably more common among motorcyclists, even with helmet use, emphasizing the critical nature of these accidents.

Occupants of passenger vehicles are more likely to survive accidents with minor injuries, thanks to the protective structure of the vehicle, including airbags and crumple zones. These safety features significantly reduce the risk of fatal injuries for car passengers and drivers. The stark contrast in injury rates between motorcycle and car accidents highlights the importance of targeted safety measures for motorcyclists, such as wearing helmets, and the continual development of vehicle safety features to protect car occupants.

Understanding these differences is crucial for both prevention efforts and legal considerations following accidents.

Motorcyclists Face Higher Fatal Injury Risks

Motorcyclists are significantly more vulnerable to fatal injuries in accidents due to the lack of protective barriers between them and other vehicles or obstacles. The exposure to direct impact increases their risk of suffering severe, life-threatening injuries.

Head Injuries More Common in Motorcyclists

Head injuries are a prevalent outcome for motorcyclists involved in accidents, even for those wearing helmets. The force of collision can lead to traumatic brain injuries, which are more common and severe among motorcyclists than car occupants.

Car Occupants More Likely to Survive with Minor Injuries

Thanks to the safety features integrated into modern vehicles, such as airbags and crumple zones, car occupants have a higher probability of surviving accidents with minor injuries. These features are designed to absorb and redistribute the force of impact, providing a protective buffer for passengers and drivers.

What Are Common Causes of Motorcycle Accidents?

Motorcycle accidents often occur due to left-turn collisions by cars, where drivers fail to see the motorcycle or misjudge its speed. Lane splitting, the practice of moving between lanes of slow-moving or stopped traffic, can lead to side collisions if car drivers are not aware of the motorcyclist’s presence. Accidents are also caused by gravel or debris on roadways, which can cause a motorcyclist to lose control.

Additionally, motorcycles have a higher vulnerability to weather conditions, with rain, wind, and slippery surfaces increasing the risk of accidents.

Left-Turn Collisions by Cars into Motorcycles

One of the most common causes of motorcycle accidents is left-turn collisions, where a car turns left at an intersection without noticing an oncoming motorcycle. This type of collision often occurs due to the motorcycle’s smaller size, making it less visible to the car driver, leading to severe consequences for the motorcyclist.

Lane Splitting Leading to Side Collisions

Lane splitting, a maneuver where motorcycles drive between lanes of stopped or slow-moving cars, significantly increases the risk of side collisions. These accidents can happen when car drivers unexpectedly change lanes or open a vehicle door without seeing the approaching motorcycle, often due to a lack of awareness or visibility.

Gravel or Debris Causing Loss of Control

Motorcycles are particularly susceptible to losing control on roads covered with gravel or debris. Even small obstacles can destabilize a motorcycle, leading to accidents. This risk is exacerbated by the motorcycle’s two-wheel design, which offers less stability than vehicles with four or more wheels, making it crucial for riders to be vigilant.

Higher Vulnerability to Weather Conditions

Motorcycles have a higher vulnerability to adverse weather conditions such as rain, wind, and fog. Wet or icy roads can dramatically reduce a motorcycle’s traction, increasing the likelihood of skidding and accidents. Visibility issues during heavy rain or fog also contribute to the higher risk of collisions, emphasizing the need for motorcyclists to exercise extra caution.

What Are Common Causes of Car Accidents?

Car accidents frequently occur due to distracted driving, where drivers are not fully focused on the road, often because of using mobile phones or other in-car distractions. Speeding is another major cause, as it reduces the driver’s ability to steer safely around curves or objects in the roadway, and increases the severity of a crash. Driving under the influence of alcohol or drugs significantly impairs judgment, coordination, and reaction times, leading to dangerous driving behaviors.

Failure to yield the right of way at intersections is a common cause of collisions, as drivers may misjudge the distance and speed of oncoming vehicles, or may not adhere to traffic signals.

Distracted Driving Leading to Rear-End Collisions

Distracted driving is a primary cause of rear-end collisions, as drivers not fully attentive to the road may fail to notice slowing or stopped traffic ahead in time to avoid an accident. Activities such as texting, eating, or using in-car technologies can divert a driver’s focus, increasing the risk of crashing into the vehicle in front.

Speeding Resulting in Loss of Vehicle Control

Speeding dramatically increases the likelihood of losing control of a vehicle. High speeds make it more difficult to navigate turns, avoid obstacles, or react to sudden changes in traffic conditions, often leading to severe accidents. The higher the speed, the greater the risk and potential severity of a crash.

Driving Under the Influence Impairing Reaction Times

Driving under the influence of alcohol or drugs severely impairs a driver’s judgment, coordination, and reaction times, making it much more challenging to drive safely. This impairment can lead to a failure in recognizing and responding to traffic signals, pedestrians, and other vehicles, significantly increasing the chance of an accident.

Failure to Yield Right of Way at Intersections

Failure to yield the right of way at intersections is a common cause of collisions. This often occurs when drivers ignore traffic signals or signs, misjudge the speed or distance of an oncoming vehicle, or assume they have the right of way when they do not.

Vehicle Size and Structure Impact

The size and structure of a vehicle play a crucial role in determining the outcome of accidents. Motorcycles, being smaller and less protected, leave riders more exposed to injuries and fatalities in the event of a collision. The absence of a surrounding structure means direct impact forces are more likely to cause serious harm to motorcyclists.

On the other hand, cars, equipped with safety features like airbags and crumple zones, offer more protection to occupants by absorbing and distributing crash forces. This structural difference significantly influences the severity of injuries sustained in accidents, with car occupants generally faring better than motorcyclists.

Motorcycles Offer Less Physical Protection

Motorcycles inherently offer less physical protection compared to cars. The lack of an enclosing structure exposes riders directly to the impact during accidents, significantly increasing the risk of injuries. This vulnerability underscores the importance of protective gear and cautious riding practices for motorcyclists.

Cars Equipped with Airbags and Crumple Zones

Cars are designed with safety features such as airbags and crumple zones that provide a protective buffer for occupants during a crash. These features absorb and distribute the force of the impact, greatly reducing the risk of serious injuries to passengers and drivers.

Motorcycles Lack Safety Features Standard in Cars

Unlike cars, motorcycles lack many of the safety features that are standard in four-wheeled vehicles. The absence of airbags, crumple zones, and seatbelts means that motorcyclists do not have the same level of protection in the event of a collision, making them more susceptible to severe injuries.

Legal Considerations in Accidents

Fault determination can be more complex in motorcycle accidents due to potential biases against motorcyclists and the unique circumstances that can lead to these accidents. Different insurance coverage requirements also influence the legal process, with variations in policies affecting claims and compensation.

Handling a motorcycle accident claim requires a thorough understanding of traffic laws and often, the assistance of a motorcycle accident lawyersthat has extensive experience handling complex claims.

Accident Statistics Comparison

When comparing accident statistics, it’s clear that motorcycles have a higher per mile accident rate than cars. This elevated risk is attributed to the vulnerabilities of riding a bike, such as lower visibility and less physical protection. Despite car accidents being more frequent due to the higher number of cars on the road, the fatality rates in motorcycle accidents are significantly higher.

Motorcyclists are 28 times more likely to die in crashes compared to car occupants, highlighting the critical need for enhanced safety measures and awareness for motorcyclists. This stark difference stresses the importance of targeted safety interventions and policies to protect motorcyclists on the road.

Motorcycles Have Higher Per Mile Accident Rate

Motorcycles experience a higher per mile accident rate compared to cars, primarily due to factors like reduced visibility to other drivers and a lack of physical protection. This increased risk emphasizes the need for motorcyclists to practice heightened safety measures and for other road users to be more aware of motorcycles.

Car Accidents More Frequent but with Lower Fatality Rates

While car accidents are more frequent due to the sheer number of cars on the road, they typically result in lower fatality rates than motorcycle accidents. The advanced safety features in cars, such as airbags and crumple zones, play a significant role in reducing the severity of injuries sustained during crashes.

Motorcyclists 28 Times More Likely to Die in Crashes

Motorcyclists are 28 times more likely to die in crashes compared to car occupants, a stark statistic that highlights the disproportionate risk faced by motorcyclists. This alarming figure stresses the importance of wearing helmets, adhering to speed limits, and practicing defensive driving to improve safety for motorcyclists.

Contact Us Today

If you were involved in a motorcycle accident that was caused by a negligent driver, you may be entitled to compensation. When you hire an attorney they can help you fight for the fair settlement you deserve. Contact Loncar Lyon Jenkins today to schedule a free consultation with a motorcycle accident lawyer on our legal team to learn how we can help.

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A Dallas motorcycle accident lawyer can offer tailored legal advice about what to avoid saying or doing about your crash. They can offer you legal representation, eliminating the need to worry about what to avoid saying or doing—you can just focus on recovering from your injuries.

What Not to Say After a Motorcycle Accident

As a rule, you should stick to the basic facts when speaking about the motorcycle collision. You don’t need to provide anything more than the location and time of the crash, the contact information for everyone involved, and the bare bones of what occurred. In fact, you can share this information with your lawyer, if you hire one, to ensure you protect yourself.

Don’t Apologize

For some people, saying sorry is a way to express sympathy rather than guilt. Unfortunately, this attempt at expressing sorrow for someone’s situation or injuries could be interpreted as an admission of fault. Never apologize after an accident.

Don’t Chit-Chat

If you are conscious and physically OK enough to talk with the other party, it’s tempting to be polite and make conversation or guess about what happened. It may seem harmless, but they might remember what you say and report back to their insurer or legal representative, using it to assign you fault. Just exchange pertinent information and keep small talk minimal.

Don’t Go on the Record

Too many people don’t realize they do not have to give a recorded statement to an official or insurance company. In fact, this is one of the things you should not even say to your insurance provider after an accident.

An insurance adjuster will ask you questions, often in the guise of expressing concern or serving you better, but they are looking for a way out of paying your insurance claim. The less reason you give them, the better.

Don’t Post on Social Media

What not to say after an accident includes your actions in the digital sphere. Refrain from posting anything about your accident or injuries on your social media accounts. These are easy to access and use as evidence to lower your damages or outright deny your claim.

What Not to Do After a Motorcycle Crash

What you do after a motorcycle accident is just as important as what you say. Similar to communications, you can protect yourself by letting your personal injury lawyer handle your case.

Don’t Neglect Seeking Prompt Medical Attention

While motorcycle collisions can cause serious injuries, you may still initially walk away feeling mostly OK. However, don’t take this feeling to mean you are OK. Whiplash, traumatic brain injuries (TBIs), and internal injuries can take time to manifest symptoms. An adrenaline rush after an accident can also temporarily mask pain.

Seeking medical help ensures injuries are spotted and treated right away. In addition, you create medical records and evidence by seeing a doctor—evidence of injuries, how serious they are, what care you need, what it costs, and how they will affect your life.

Don’t Wait to Report an Accident

This includes reporting the accident to a police officer and your insurance provider. Not reporting an accident to the police can carry stiff legal repercussions, while not reporting it to insurers could put your claim at risk of denial. Cover your bases by notifying any relevant parties.

Don’t Jeopardize Accident Evidence

Did you know that even the clothes you wore during your motorcycle accident could be evidence? From clothing to bystanders’ cell phone footage to the physical debris from the crash, it’s easy to overlook what evidence you will need to prove negligence. Document and save everything you can. Our attorneys can also help recognize what is important to your case.

Don’t Accept Initial Settlements

Insurers frequently offer settlements too quickly for you to know what you need, making them too low to cover all your accident-related costs. Whether you are going through your insurance company or another party’s insurer or negotiating a settlement through a lawsuit, you can check with a motorcycle accident lawyer to determine what fair compensation is for your damages.

What You Can Do After a Motorcycle Accident

You should avoid saying or doing a lot after a motorcycle wreck, but you don’t have to remain completely inactive, waiting for an insurer or liable party to decide what you deserve. In fact, because the other parties are out to protect their interests, you might want to take steps to ensure you aren’t taken advantage of.

Do Hang Onto What You Can

Although Loncar Lyon Jenkins team can help you compile all the information you need to pursue compensation through a claim or lawsuit, if you are able, you can do your part to preserve evidence like:

• Clothing from the crash scene
• Compelling witness statements
• Photos or video footage (e.g., from a dashcam, cellphone, or traffic camera)
• Hospital and doctor bills
• Diagnostic tests and imaging
• Receipts for out-of-pocket costs
• Prescriptions for medication or equipment
• Parking or transportation costs
• Employment records
• Notes from calls with insurers
• Insurance policy documents

Do Talk to a Lawyer

You can hire a motorcycle accident lawyer even for a minor accident. You may just want a legal professional to answer questions about your rights, or you may want to hire an attorney to handle a complicated injury lawsuit. No matter what stage you are in, you have a right to legal help.

Talk to a lawyer if you seek guidance with the following:

• Understanding how insurance affects your motorcycle crash.
• Talking to insurers or other parties without saying too much.
• Distinguishing a good settlement offer from a bad one.
• Recognizing what relevant evidence is and how to preserve it.
• Avoiding common pitfalls in motorcycle accident cases.
• Determining the insurance and lawsuit deadlines in your case.
• Filing paperwork correctly for a claim or suit.
• Understanding liability if you think you played a role in the motorcycle crash.
• Determining how much time you have to sue for damages. For example, in Texas, you generally have two years from the accident date to file an injury lawsuit, per Texas Civil Practice and Remedies Code § 16.003.

Talk to Loncar Lyon Jenkins About Your Motorcycle Accident for Free

If you’re worried about what to say or do following a motorcycle wreck, contact our law firm today. Our motorcycle accident attorneys can do more than list what to avoid—we can take over your case.

You won’t have to expend any mental energy worrying about pitfalls or mistakes. We can represent you and seek fair compensation while you focus on recovering from the accident. To get started, call today.

The post What Should I Avoid Saying or Doing After a Motorcycle Accident? appeared first on Loncar Lyon Jenkins.

A Dallas product liability lawyer can determine if the motorcycle manufacturer’s negligence caused the defect or if another party is liable, like a store, dealership, or maintenance shop, is responsible.

What Defective Parts Can Cause a Motorcycle Accident?

You can end up with a defective motorcycle part due to mistakes at any stage of the bike’s production and sale. Defective parts can cause tire blowouts, brake failure, engine failure, and other problems.

Sometimes, errors or oversights occur at more than one stage, leaving several parties in the chain liable for creating an error or not finding the mistake. Narrowing down where things went wrong with your motorcycle is the first step in identifying the liable parties and how they demonstrated negligence.

Design Errors

The cause of your motorcycle accident could be traced all the way back to before the bike was even constructed. It’s possible that the design flaw concerned a small part or the motorcycle’s overall design.

Sometimes, designs are insufficiently tested or reviewed for safety. At other times, designs change along the way and become hazardous. Regardless, it is negligence when a designer or manufacturer knew or should have known of the risks such a design could cause.

Manufacturing Errors

Manufacturing defects are mistakes involving parts of your motorcycle that jeopardize its safety. These can involve issues with:

• Frames
• Engines
• Handlebars
• Pedals
• Headlights
• Fuel lines
• Brakes

A defective product lawyer from our firm can investigate these mistakes by analyzing your motorcycle with help from a mechanic or another expert. We can also investigate where your bike was manufactured and if there are cases similar to yours.

Assembly Errors

Perhaps the parts and design of your motorcycle were fine, but the pieces were put together incorrectly. This can still leave someone liable. Assembly negligence can include mistakes like installing parts incorrectly or leaving out crucial pieces, especially parts that improve safety.

Marketing and Sales Errors

You can face risks if you use a motorcycle that was marketed or sold to you incorrectly. Protecting consumers involves ensuring everything is properly labeled, packaged, and represented when sold. Failure to include important warnings or instructions can cause injury.

You Can Pursue an Insurance Claim or Lawsuit for a Defective Motorcycle Part

If any of the above errors caused your motorcycle accident, you can file a claim or lawsuit if you suffered injury. The statute of limitations for filing a product liability lawsuit varies. In Texas, injured parties have two years from the date of the accident or discovery being common, as noted in Texas Civil Practice and Remedies Code § 16.003.

In some defective parts cases, you can seek damages from more than one party, especially in cases when a flawed product passes through several hands before reaching you. A motorcycle accident lawyer can determine if you have a case against multiple parties and handle each claim or lawsuit’s logistics.

Parts Manufacturers

A specific brand may have made your motorcycle, but another company could have created the components. Parts manufacturers are liable for flaws they missed or covered up.

Motorcycle Companies

The company that designed and assembled your motorcycle can make mistakes or fail to detect issues when assembling your bike. Either way, it is negligent if a defect causes harm.

Stores and Dealerships

Marketing and sales negligence can point to issues with how your bike was presented in stores or at a dealership. They can also share some liability for selling you a defective product when a reasonable person should have noticed the problem.

Maintenance Shops

The flaw that caused your accident might have happened when it went in for repairs or maintenance. Motorcycle repair shops might use inferior or incompatible parts, install equipment wrong, or make mistakes during regular tune-ups.

How to Prove a Defective Part Caused Your Motorcycle Accident

Loncar Lyon Jenkins’ personal injury attorneys can build a case against the parties that caused your accident. Doing that usually involves evidence like:

• The defective part itself
• Accident debris
• Photos of the scene
• Witness accounts
• Traffic camera footage
• Police reports
• The history of this defect
• Investigations into the manufacturer
• Analysis by motorcycle experts

When pursuing a motorcycle injury case that involves product defects, our attorneys delve into the inner workings of the companies involved. We can investigate to see if they are understaffed, failed to follow safety precautions and regulations, or lacked sufficient oversight. We can even talk to current or former employees and examine internal communications to determine if a business was aware of risks and concealed them.

Possible Damages for Defective Motorcycle Parts

If defective parts caused your motorcycle accident or contributed to the crash, you could recover damages for:

• Medical bills, including past, current, and future expenses
• Rehabilitation, therapy, and medication
• Income you lost while you were recovering
• Reduced ability to earn income due to your injuries
• Pain and suffering and reduced enjoyment of life

Preparing for the Manufacturer’s Defenses

Manufacturers, designers, and sellers may all try to pin responsibility on someone else. If yours was a single-vehicle crash, they will likely blame you, not their product. This is especially common in motorcycle cases, playing into the stereotype that riding a motorcycle is inherently dangerous and risky. If other vehicles were involved, they might also blame the other drivers.

Your legal representation can work to protect you from these tactics by speaking for you, procuring evidence, and crafting a strategic defense for you and offense against them. At Loncar Lyon Jenkins, we won’t let companies and businesses hide from the consequences of product liability.

Our Motorcycle Injury Lawyers Can Review Your Accident Now – Call Today

Contact us for a free case review regarding your motorcycle collision. Our attorneys can determine if defective parts affected your motorcycle crash and get to work immediately on building a case. Getting answers is the first step; getting compensation is next. Reach out today to get started.

The post What If the Motorcycle Accident Was Caused by a Defective Part? appeared first on Loncar Lyon Jenkins.

You can consult with a Dallas motorcycle accident attorney, who can conduct an independent investigation into the crash’s circumstances to determine if manufacturing negligence played a role.

When Can You Sue a Motorcycle Manufacturer Who Contributed to an Accident?

You may be able to sue a motorcycle manufacturer if your case meets the following requirements:

• The party owed you a duty of care. For instance, a motorcycle manufacturer that creates vehicles or parts has an obligation to ensure they are safe and work correctly. 
• The party violated their duty of care. This can happen if the manufacturer makes mistakes, fails to check for issues with the design, mislabels or poorly markets the product, or covers up hazards.
• The violation directly caused an accident, injuring you. You suffered injuries in a motorcycle accident that the defect caused or worsened. 
• You suffered monetary damages because of your injuries. The motorcycle manufacturer should pay for their portion of your accident, providing compensation for medical bills, lost income, and pain and suffering. Other damages could include emotional distress, loss of enjoyment, loss of consortium, and other financial losses.

If this describes your accident, you could sue the manufacturer of your motorcycle for a fair settlement for your losses.

Manufacturing Mistakes

Defective parts are common duty of care violations. These result from issues like understaffing at the plant, causing oversights, lack of quality checks, or human error. Even a perfectly good part could cause a problem if installed incorrectly.

Motorcycles are complex machines, so if any of the following are flawed or installed incorrectly, you could have an accident:

• Tires
• Lights
• Engine
• Handlebars
• Frame
• Brakes

Flaws make it harder to control your bike if an accident occurs, worsen the effects of one, or cause one if a part fails.

Your motorcycle might be the only one to feature that manufacturing defect or be one of many produced with that error. Defective product lawyers can research whether your bike had a known flaw that caused injuries or if you were the sole victim of manufacturing negligence.

Design Flaws

Sometimes, the issue isn’t a mistake during manufacturing and building your motorcycle but a problem with the overall concept or design of the bike or its parts.

An example of a design flaw in the automotive industry is the Ford Pinto. In that case, the company minimized the dangers the design flaw caused. Likewise, if the motorcycle company that produced your bike knew or should have known about a dangerous design, it is responsible for your damages.

Design flaws can mean you are one of many people who suffered an accident and injuries. An attorney can investigate your motorcycle and its history to determine if its design is poor.

How Do You Prove a Manufacturer Contributed to Your Motorcycle Crash?

The four elements of negligence mentioned earlier are also the four points you must prove in a case against the motorcycle manufacturer. Evidence must tie together all four points.

Examples of that evidence include:

• Photos of the crash site, the motorcycle, and its parts
• Traffic camera or security camera video footage
• Witness testimony about the accident
• Police accident detailing the officer’s perspective
• Reconstruction of the accident by experts
• Research into the manufacturer’s history
• Related cases with similar product defects
• Any investigations into the manufacturer by regulators
• Testimony from people the manufacturer employs

In other words, proving the motorcycle manufacturer contributed to your crash involves a combination of evidence from the scene, from witnesses, and an investigation into the company. Other specialized evidence might come into play based on your accident’s unique circumstances.

A product liability lawyer will gather this evidence and oversee the investigation. Attorneys who handle these cases have experience in noticing and following clues, so you don’t have to worry about missing anything important.

Motorcycle Experts Can Analyze and Testify

Motorcycle experts, in general, and your type of bike, in particular, can discern how the machine should have operated and what failed during your crash. Their analysis and testimony can prove vital in these cases, preventing manufacturers from taking advantage of you not knowing about the technicalities in your case.

Can You Sue a Motorcycle Manufacturer in Addition to Another Negligent Party?

Yes. You might find several factors that caused your accident, not just a manufacturing error. For instance, if someone else was also negligent, like a passenger vehicle or truck driver, you could seek to hold them accountable in a separate suit.

Driver negligence that can cause motorcycle collisions includes:

• Driving while impaired by alcohol, illegal drugs, medications, or drowsiness.
• Exceeding the posted speed limit or driving too fast for conditions.
• Driving while distracted by texting, eating, grooming, or daydreaming.
• Illegal behaviors like running lights or turning from a no-turn lane.
• Failing to check for motorcyclists before turning or changing lanes.

A car accident lawyer or truck accident lawyer can review the circumstances to see if a driver involved in your accident is liable.

Third Parties Who Are Liable

You might also have a lawsuit against someone who wasn’t a driver, like:

• Trucking companies that failed to maintain trucks or load cargo correctly.
• Transportation companies like taxi services, limo rentals, or rideshares.
• Property owners who failed to maintain roads, lights, or signs.
• Construction companies that didn’t follow safety precautions or lacked signage.

Other Parties That Handled Your Motorcycle

A defective part could mean you don’t sue the manufacturer but another party that touched your bike. For instance, a tire defect could mean the tire manufacturer, not the motorcycle manufacturer, is at fault.

Auto shops and dealerships could also have made mistakes installing, repairing, or maintaining your motorcycle.

Our Product Liability Lawyer Can Guide You Through a Motorcycle Accident Case

A personal injury lawyer can do more than just clarify if you can sue the manufacturer of your motorcycle after it contributed to your accident. Loncar Lyon Jenkins can identify how long you have to file, what damages you could recover, and a personalized case strategy.

We will do everything for you, from conducting an accident investigation and filing paperwork to connecting with experts to negotiating a financial settlement. Contact us today for a free case review.

The post Can I Sue the Manufacturer of My Motorcycle If It Contributed to the Accident? appeared first on Loncar Lyon Jenkins.

A Dallas wrongful death attorney can assist you with an insurance claim or lawsuit to recover accident damages. They will fight for the economic justice your family deserves so that you can focus on grieving and healing.

Seeking Wrongful Death Damages for a Fatal Motorcycle Accident

According to Texas Civil Practice and Remedies Code § 71.002, if another party’s “wrongful act, neglect, carelessness, unskillfulness, or default” caused your loved one’s fatal collision, you could hold them liable for the resulting damages. Most wrongful death cases in Texas involve two separate claims for compensation.

Survival Actions

A survival action allows the deceased’s family to recover expenses incurred by the deceased or their estate before their death. It might help to think of survival actions as an opportunity to recover personal injury compensation your loved one could have sought had they lived.

Compensation you can pursue in a survival action includes the following:

• Your loved one’s medical expenses, including emergency transportation and medical treatment, surgeries, hospitalizations, in-home health services, and palliative care
• Income lost from the time of your loved one’s injury until their death
• Motorcycle repair or replacement costs
• Your family member’s pain and suffering

Wrongful Death Actions

A wrongful death action seeks compensation for losses incurred by the deceased’s family members due to their death. In general, a wrongful death lawyer can pursue the following on behalf of qualifying survivors:

• Loss of the deceased’s income and financial support (including future savings and inheritance)
• The value of household services your loved one would have performed had they lived
• Loss of your family member’s comfort, companionship, society, and love
• Mental anguish and emotional pain

Who Can Seek Damages After a Wrongful Death Motorcycle Accident?

Unlike some states, Texas allows family members to file a survival action or wrongful death lawsuit directly. You do not need the assistance of the deceased’s personal representative (executor of the estate).

Compensation recovered in a survival action goes to your loved one’s estate and its heirs. Damages secured through a wrongful death action can only benefit the deceased’s spouse, children, or parents.

How Can You Prove Someone Is Liable for a Fatal Motorcycle Accident?

To establish liability for a wrongful death motorcycle accident, you must show that another party’s negligent actions caused the crash that resulted in your loved one’s fatal injury. Proving negligence involves demonstrating the following four elements:

• Duty of care: In a motor vehicle collision case, the duty of care is the responsibility of all drivers to obey traffic laws and act safely behind the wheel.
• Breach of duty: You must prove the liable party breached the duty of care by breaking state laws or behaving carelessly, recklessly, or wrongfully.
• Causation: You must show the driver’s breach led to your loved one’s fatal injury. For example, you could establish a driver ran a red light, causing them to hit your family member’s motorcycle as they traveled through an intersection.
• Damages: You must establish your loved one’s fatal injury led to economic and noneconomic damages.

Common Causes of Motorcycle Crashes

According to the Texas Department of Transportation (TxDOT), 562 motorcyclists died from crash injuries in Texas in 2022, up 8 percent from the previous year.

Motorcycles are smaller than passenger vehicles and lack the protection of a vehicle cab. Therefore, drivers of larger cars and trucks must be especially cautious when sharing the road with bikers.

Negligent driving actions that can lead to a collision with a motorcycle include the following:

• Making an improper turn
• Running a red light or stop sign
• Distracted driving
• Texting and driving
• Drinking and driving
• Following a motorcycle too closely (tailgating)
• Making an improper lane change
• Traveling down the wrong side of the street
• Speeding
• Failure to heed road or weather conditions

How Long Do You Have to File a Wrongful Death Motorcycle Collision Case in Texas?

The statute of limitations for filing a wrongful death lawsuit or survival action in Texas is two years, according to Texas Civil Practice and Remedies Code § 16.003. The clock starts on the day your family member passed away.

You could resolve your fatal motorcycle accident case through an auto insurance claim. However, the statute of limitations will still affect you. If the deadline to take legal action expires, you can no longer sue an at-fault party or their insurer, significantly reducing your settlement bargaining power.

Do You Need a Wrongful Death Lawyer After a Fatal Motorcycle Crash?

There is no law requiring you to hire a wrongful death lawyer. You can pursue your loved one’s fatal motorcycle accident claim by yourself. However, an attorney with our law firm can provide you with experienced and compassionate legal representation, so you do not have to cope with the stress of seeking compensation in addition to your grief.

We will handle these tasks for you:

• Investigate your loved one’s collision and collect evidence proving negligence.
• Identify the survival and wrongful death damages owed to you and your family.
• Draft and file your insurance claims and manage all related paperwork.
• Track and adhere to deadlines.
• Handle phone calls, emails, and meetings with insurance agents and opposing counsel.
• Tirelessly negotiate for the maximum compensation possible.
• Prepare a lawsuit and represent you at trial if needed.

We do not want the cost of a wrongful death lawyer to prevent you from taking legal action for your loved one. We serve clients on contingency, meaning we never charge upfront or out-of-pocket fees. Instead, we only collect attorney’s fees if we obtain compensation for you and your family.

Contact a Wrongful Death Motorcycle Accident Lawyer With Loncar Lyon Jenkins

Did a motorcycle accident result in the death of your loved one? If so, Loncar Lyon Jenkins can help you seek financial justice. Contact us 24/7 to schedule a free consultation.

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What to Do About a Denied Motorcycle Accident Claim

If you or your loved one suffered a motorcycle crash injury due to someone else’s negligent actions, you deserve compensation for your medical expenses and other losses. You can recover your damages by filing a liability auto insurance claim against the at-fault party who caused the collision. 

However, getting the money you need can take time and effort—even with a clear-cut case. Insurance companies increase their profits by keeping claims payouts as low as possible. Therefore, insurers often seek reasons to deny an initial motorcycle accident claim or offer a lowball settlement. In addition, some insurers play hardball or engage in bad-faith tactics. 

Fortunately, you do not have to accept claim denials or payouts that do not provide adequate compensation. You can present new (or stronger) evidence to support your claim and negotiate for fair and full financial awards. If you still cannot agree, you can sue the insurance company (or an at-fault party) in civil court. A personal injury lawyer can guide you through this process.

Reasons for Motorcycle Collision Claim Denials

An insurance company might give many reasons for denying your motorcycle accident claim.

Policy Issues

The insurance company might refuse to settle your claim in any of these situations:

• The insured party (i.e., their client) was not the person driving at the time of the accident.
• The policy does not include the vehicle involved in the crash.
• The policy is not up to date. 
• The covered party was driving drunk or without a license when they caused the wreck. 

Medical Issues

An insurance company may deny coverage of your medical bills for these reasons:

• The insurer alleges your injury did not occur in the crash but is a pre-existing condition.
• The insurance company claims your injuries worsened due to your actions or a delay in seeking treatment. 

The adjuster may also dispute the value of your medical expenses, including estimates regarding ongoing treatment or future care needs. 

Disputes Over Liability

The insurance company will only pay your claim if you can prove their client caused the motorcycle accident. In addition, insurers may try to reduce their financial liability by pinning some of the blame on you. 

Under Texas’s proportionate responsibility law (Texas Civil Practice and Remedies Code § 33.001), any degree of fault assigned to you will reduce your compensation by that percentage. Moreover, you cannot recover damages if you are more than 50 percent responsible. 

Delays Filing Your Claim

If you did not promptly file your motorcycle accident claim, the insurance company could use that delay as grounds for a denial. 

How Can You Strengthen Your Motorcycle Accident Case?

Consider hiring legal representation if the insurance company denies your motorcycle accident claim. Our law firm will use its professional knowledge and case experience to investigate your crash and build a more robust claim using the available evidence. 

We will act as your advocate and aggressively negotiate for the maximum compensation possible. If necessary, we will prepare your case for court and pursue your damages with a personal injury lawsuit. While we work to resolve your claim, you can turn your time and energy toward what is most important—your health and family. 

Our legal team will:

• Obtain medical records, police reports, witness statements, expert testimony, video footage, and other evidence to support your claim and prove a liable party acted negligently.
• Protect your rights, push back against bad-faith insurance tactics, and defend you from allegations designed to reduce or deny your settlement.
• Identify and calculate your damages so you do not leave money on the table.
• Communicate with involved parties and aggressively fight for every cent owed.
• Pursue a lawsuit and represent you at trial if we cannot achieve an advantageous resolution outside court.

Compensation You Can Recover With a Successful Motorcycle Wreck Claim

You can recover economic and noneconomic damages with a successful motorcycle accident claim. Compensation may include the following:

• Medical bills, including ambulance transportation, emergency department treatment, surgeries, hospital stays, rehabilitation services, long-term nursing, and ongoing care.
• Lost income, including back pay, employment benefits, and loss of your future earning capacity if your injuries prevent you from performing your previous job or returning to the workforce.
• Motorcycle repair costs or your vehicle’s fair market value if the insurer declares your vehicle a total loss.
• Physical pain and suffering, including loss of mobility, loss of bodily function, scarring, disfigurement, and severe or chronic pain.
• Mental and emotional distress, including loss of enjoyment of life.
• Wrongful death of a loved one, including medical expenses, funeral and burial costs, and loss of the deceased’s income, support, and services.

How Long Do You Have to Settle Your Motorcycle Accident Claim?

Texas Civil Practice and Remedies Code § 16.003 allows two years from the accident date to file a personal injury or wrongful death lawsuit in Texas’s courts. If you do not, the court will not accept your case, and you will no longer have legal leverage over the insurance company to resolve your claim.

Contact Loncar Lyon Jenkins About Your Motorcycle Accident Claim or Lawsuit

If the insurance company denies your motorcycle accident claim, it is not the end of the line. You can fight back against the decision, and a motorcycle accident lawyer with Loncar Lyon Jenkins can guide you every step of the way. 

Call in the Strong Arm and let the insurance company know you will not back down or accept less than you deserve. Contact us 24/7 to schedule your free consultation and connect with a Texas personal injury attorney near you. We take cases on contingency, so our services cost nothing upfront or out of pocket. 

The post What if the Insurance Company Denies My Motorcycle Accident Claim? appeared first on Loncar Lyon Jenkins.

In general, it is best to file your insurance claims as soon as possible after your motorcycle collision. Doing so will protect your right to pursue compensation in several ways. A motorcycle accident lawyer with our firm can help you get started today. 

What Is the Statute of Limitations for a Motorcycle Accident Claim in Texas? 

If you or your loved one suffered injuries in a motorcycle crash caused by negligence, you can recover compensation from the liable party. Pursuing damages often starts with filing a claim with the at-fault party’s auto insurance provider. However, you do not have unlimited time to seek your losses. 

According to Texas Civil Practice and Remedies Code § 16.003, you have two years to file a personal injury lawsuit or sue for wrongful death in Texas. The clock starts at the time of your motorcycle wreck. 

If you do not file an insurance claim or reach a settlement agreement before the statute of limitations runs out, you will not be able to sue for damages because the court will not take your case. Without the threat of legal action, you have no leverage over the insurance company. You may have no choice but to accept a denied claim or lowball settlement. 

Acting Quickly Can Protect Your Right to Motorcycle Accident Compensation

You should get started on your motorcycle accident claim immediately. Even if you have a solid, clear-cut case, gathering evidence and working through negotiations can still take time. It will take longer if the insurance company drags its feet, plays hardball, or employs bad-faith tactics. You want to ensure you have an ample window to work out a fair settlement before the statute of limitations expires. 

In addition, acting quickly can benefit your case in the following ways:

• It allows you to collect and preserve evidence before it deteriorates, is cleaned up, or lost
• It will enable you to locate and speak with eyewitnesses before their memories fade
• It allows you to locate and obtain surveillance or dashcam footage before it gets erased or recorded over
• It can protect you from allegations that your injury did not occur during your motorcycle crash

Damages You Can Recover for a Motorcycle Accident Injury

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are 24 times more likely to suffer a fatal crash injury and four times more likely to get hurt during a collision than passenger vehicle occupants. Motorcyclists are more at risk for several reasons, including their vehicle’s smaller size and lack of safety features, such as seatbelts and airbags. 

In addition, the lack of protection leaves bikers vulnerable to severe and catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, loss of a limb, or internal bleeding. Medical treatment can add up quickly. Injuries can also affect your life and finances in numerous other ways. 

If your wreck was not your fault, you can pursue the following economic and non-economic damages with a motorcycle accident claim or lawsuit:

• Current and future medical expenses. You can seek compensation for medical care required because of your accident. Medical damages may include ambulance transportation, emergency department treatment, medical procedures, mobility aids, rehabilitation services, long-term nursing, and life care. 
• Loss of wages. You can pursue lost income and employment benefits if you cannot work due to your injury and recovery. If you suffered a permanent or disabling injury that forces you to change jobs or leave the workforce, you can seek awards for the loss of your future wages and earning potential. 
• Motorcycle damages. You can seek the cost of repairing or replacing your motorcycle. You can also recover compensation for other damaged personal property, including safety gear or navigation equipment. 
• Pain and suffering. Pain and suffering damages compensate injury victims for intangible losses, including mental and emotional distress, physical pain and suffering, loss of enjoyment, and diminished quality of life. 
• Wrongful death. If your loved one sustained a fatal motorcycle accident injury, a wrongful death lawyer with our firm can seek compensation on behalf of the deceased’s estate and family. Compensation may include medical bills, funeral and burial expenses, loss of income and future financial support, and loss of services, companionship, and society. 

How Can a Motorcycle Accident Attorney Help With Your Case?

If you are within the two-year window established by the statute of limitations, you can still file an insurance claim or pursue a motorcycle accident lawsuit. However, if your motorcycle accident happened months or even a year or more ago, gathering evidence and proving liability can be more challenging. 

It may benefit you to consult with a personal injury attorney from our law firm who can put their legal experience and case knowledge to work for you. We can:

• Visit the scene of your accident and collect evidence (if you act quickly!)
• Obtain important information from the police report, your medical records, and any other available sources if a considerable amount of time has passed since your motorcycle accident
• Employ the help of crash reconstructionists and other experts when needed
• Identify and calculate your damages
• Draft and file your insurance claims
• Aggressively negotiate for the maximum compensation possible
• Handle all case-related communications, deadlines, and “red tape”
• File a lawsuit and represent you at trial if necessary

Contact Loncar Lyon Jenkins for Help With Your Motorcycle Accident Claim

You can still file a motorcycle accident claim if your accident occurred a year or more ago, as long as you are inside Texas’s two-year statute of limitations. However, it is best not to wait and to pursue your claim as soon as possible following your collision. 

Contact Loncar Lyon Jenkins for a free consultation and learn more about how our motorcycle accident attorneys can assist with your case. We can help you get started for nothing upfront or out of pocket. Connect with one of our experienced attorneys today.

The post Can I Still File a Claim if the Motorcycle Accident Occurred Years Ago? appeared first on Loncar Lyon Jenkins.

The highly experienced personal injury attorneys at Loncar Lyon Jenkins can help you with your motorcycle accident claim as well as seek the maximum compensation available by Texas law.

How Are Settlement Amounts Determined in a Motorcycle Accident?

Even though every motorcycle crash is different, there are common factors that go into determining the worth of motorcycle accident cases, like:

• The extent of your motorcycle accident injuries: The body parts that were injured, the severity of those injuries, if you suffered cuts and bruises or paralysis, etc.
• How long your expected recovery will take: If the treatment will take a few weeks or be a lifelong process as this addresses your expected medical expenses 
• The other party’s insurance policy: If they have the minimum amount of liability insurance that the Texas Department of Insurance (TDI) requires
• Proportionate responsibility laws: If you are found partially to blame, and your damages are reduced by your portion of fault (Texas Civil Practice and Remedies Code § 33.001)
• The financial and non-financial damages: For the mental, physical, and financial hardships you have had to endure

What Types of Damages Can I Recover If I’m Injured in a Texas Motorcycle Accident?

The types of damages a motorcycle rider can receive compensation for are typically separated into two categories: economic and non-economic.

What Are Economic Damages?

Losses that have a fixed, monetary value are referred to as economic damages. Some examples are:

• Past and expected medical bills: If you needed to stay in the hospital or have an ambulance ride, surgery, imaging scans, pain medication and/or medical equipment, physical therapy, or follow-up doctor’s appointments. Severe injuries such as traumatic brain injuries, which are not uncommon in motorcycle crashes, can escalate your out-of-pocket medical expenses.
• Lost income: If your injuries forced you to take time off work and you lost out on business opportunities, bonuses, commissions, vacation days, tips, and other related benefits.
• Future lost earning potential: If you will never be able to return to your job or you must take one that doesn’t pay as well.
• Property damage: If you need to replace or repair your motorcycle.

What Are Non-Economic Damages?

These losses are quantified by how the accident affected you emotionally and physically. You might have the option to claim damages for:

• Pain and suffering: If the injuries you suffered cause you severe pain and anguish, anxiety, or depression.
• Lost quality of life: If you cannot enjoy the activities and events you did before the accident.
• Scarring and disfigurement: If your injuries have compromised your mobility, appearance, or overall functionality.

Can I Sue for Wrongful Death Damages in a Texas Motorcycle Accident?

Our motorcycle accident lawyers also represent those who have lost a loved one in a motorcycle accident in Texas. If that happened to you and your family, we offer our deepest condolences.

Nothing can replace this loss, but financial recovery can make this transition a bit more manageable. You can recover the costs of:

• Funeral and burial fees
• Embalming and cremation
• Final medical bills
• Your loss of consortium and companionship
• Lost income or financial support

Hiring a Texas Motorcycle Accident Lawyer Can Impact Your Financial Award

We understand that as a motorcycle accident victim, you are probably in a tough financial spot right now, and we don’t want to make it any worse. 

Free Case Evaluation

Our attorneys offer a free initial case evaluation. We invite you to share your story with us and we answer your questions about the legal process. 

We Come to You

It’s difficult to travel when your body is hurt. We’re happy to come to you to discuss your case.

Attorneys’ Fees

At Loncar Lyon Jenkins, we believe it’s our responsibility to tend to our client’s best interests. Because of that philosophy, we work on a contingency basis, which means you pay no attorneys’ fees unless we successfully recover a compensation settlement or judgment for you.

In addition to easing the burden of legal fees, our personal injury attorneys:

• Act as your spokesperson with all parties involved in your case
• Assist you in compiling and filing your claim
• Negotiate with the insurance company on your behalf
• If the insurance company does not agree to the settlement you deserve, we prepare for trial and represent you in court.

Tips For Dealing With Insurance Companies After a Motorcycle Accident

It is important to know what insurance companies care about—their bottom lines. In other words, it is the insurance adjuster’s mission to pay you as little as possible. After all, insurance companies are businesses.

So, if they try to make contact with you, consider these suggestions:

• If they ask for a recorded statement, politely decline—only give your contact and insurance information.
• It is out of habit to respond with, “I’m fine,” after someone asks how you’re doing. The insurer might claim that you were okay all along and don’t need a settlement, though.
• Direct the insurance company to your lawyer. The insurance adjuster might try to take what you say out of context and use their version to their benefit during negotiations.

In addition to letting us handle all the communication, we also recommend you not post anything online until your case is closed. Even an old picture could give the insurer reason to contest your claim. Don’t give them any reason to deny your claim. You want to get the compensation you need to move on after a motorcycle accident.

Call in the Strong Arm for Assistance with Your Motorcycle Accident Lawsuit

To ensure you get the largest settlement available to you, enlist the help of a skilled and experienced motorcycle accident attorney at Loncar Lyon Jenkins. We have six locations throughout Texas. We care about our clients and are dedicated to getting you the financial recovery you need to get your life back on track.

Call Loncar Lyon Jenkins today or complete a Free Case Evaluation form for a free consultation with one of our staff members. We want to protect your rights.

The post What is the Average Settlement for a Motorcycle Accident? appeared first on Loncar Lyon Jenkins.

The Texas Department of Transportation (TxDOT) states that “In 2019, 412 motorcyclists were killed in Texas, and more than 1,800 were seriously injured.” The National Highway Traffic Safety Administration (NHTSA) reports that over 5,000 motorcycle riders died in the country that year.

How Motorcycle Accidents Happen in Texas

Your personal injury accident could have happened in any number of ways. However, here are some of the kinds of accidents we see in our practice.

Distracted Driving Can Result in a Larger Vehicle Colliding With the Motorcyclist

A car or truck driver could be changing the radio station, texting and driving, looking at the scenery, or talking to passengers. Such an action means they take their attention off the road. Putting others on the road at risk in this way could consist of negligence.

Intoxicated Driving Can Lead to Dangerous Motorcycle Accidents

Driving while drunk or otherwise affected by a substance is illegal. It also regularly creates lethal conditions on the road. Your accident could have been due to a driver losing their coordination, focus, and awareness due to intoxication. If the driver was working under the scope of their employer at the time, this could be even more serious.

Reckless Driving Is Especially Risky for Motorcycle Riders

Truck and car operators have a metal shell protecting them, along with their seatbelts and airbags. Motorcyclists only have a helmet and whatever clothing they have on to protect them. You could have sustained severe injuries due to a vehicle driver:

• Swerving
• Passing without checking for others
• Speeding
• Trying to “run” the light
• Tailgating
• Making illegal turns

Every driver must follow the driver’s handbook that prohibits and discourages certain maneuvers.

The Environment Itself Was a Hazard for Vehicle Drivers

Not every road, highway, or intersection is designed correctly. A city or county organization might have failed to consider all planning details. This could have led to a ramp that was too steep or a light that did not give riders enough time to make a turn.

Damages You Could Earn After Your Accident to Pay for Your Losses

Each accident will cause its own degree of injury and pain. Yours might have involved minor injuries and damage to your motorcycle. However, you might have been thrown from the bike and sustained brain trauma.

Either of these scenarios could result in you collecting compensation for:

• Medical costs: Ambulance costs, hospital bills, doctor visits, physical therapy, mobility devices, in-home care costs, medications, etc.
• Lost wages: Your injuries could have put you out of work and kept you from recovering benefits, paychecks, bonuses, or tips.
• Reduced earning capacity: Your injuries might have prevented you from working at your old job or working at all. You could recover an award that repays you the difference in expected income.
• Pain and suffering: Your intangible aches and worries are compensable losses. Any stress, sore muscles, or mental illness you suffered due to the accident could be added to your claim.

You might be able to pursue other losses, depending on how your accident affected you. Texas is no stranger to motorcycle accident injuries. Your accident could possess similarities to another accident that NBCDFW reported on.

Our Lawyers Can Help You After a Texas Motorcycle Accident

Our staff can handle your entire accident for you. Many vehicle drivers—and motorcycle riders—have accidents every year. Yours might not even be your fault. We will do the following to help you:

• Investigate your accident to determine fault
• Search for evidence to support your claim
• Handle communication with the other party’s lawyer and the insurance company
• Answer your questions
• Keep you up to date
• Protect your rights
• Interview eyewitnesses

We Want to Support Injured Texans After Accidents

You do not need to tackle this situation alone. Our team has been helping clients since 1988, and we help thousands of clients a year. We can take your case in our hands and serve as your Strong Arm in a crisis.

Some of our past clients have said the following:

• “They helped me when my car was pretty much totaled and I am just a college student. I got enough for a car and they helped me with my back afterwards.” – Sonny W.
• “Very reliable and very professional. – Leydi M”
• “The experience exceeds my expectations. Chad is the professional and did his diligence (and beyond) to get me the best result. I would recommend their service.” – Lindsey

Our Team Offers Free Consultations for Victims to Learn More

You can explain your circumstances to our team representatives for free. There is no risk in calling us, and you have nothing to lose. Also, we operate on a contingency-fee basis, so we do not make any money unless we win for you. This encourages us to do our best.

Call Loncar Lyon Jenkins at (877) 239-4878. You have a limited time to take legal action after the accident.

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