Beaumont, TX Motorcycle Accident Attorney
There are more than 400,000 motorcycles registered in Texas. The good news is the number of Beaumont, Texas motorcycle accidents have slowly decreased over the years. However, many Texans still find themselves needing a motorcycle accident attorney in Beaumont, TX. The Texas Department of Transportation reported 10,000 motorcycle accidents throughout the state. Out of those, 5% result in fatalities. Approximately 20% lead to serious injuries. Non-serious injuries are a consequence of 30% of all motorcycle accidents.
Causes of Motorcycle Accidents
The situation is similar in Jefferson County and in the Beaumont area. Many motorcycle accidents result in severe injuries. At Brent Coon & Associates, our Beaumont motorcycle accident lawyers receive new cases regularly. The causes of the accidents they handle are:
- Speed – The high speed makes stopping motorcycles impossible and increases impact force. Many bikers sneak in between cars in traffic, splitting lanes. They speed to catch the green light or avoid traffic jams. They fail to notice the traffic lights turning red or various road obstacles in due time. The impact force often causes motorcycles to roll over and causes riders to fall. Some hit the pavement, others end up thrown against the windshields of nearby cars or curbs. The injuries are severe in all circumstances.
- Texas Laws – Texas laws do not impose wearing helmets to bikers over 21 years of age. However, the lack of helmet exposes bikers to head injuries in case of accidents. An experienced Texas motorcycle accident attorney may use it to prove contributory fault.
- Driving Under the Influence – Many drivers and bikers operate their vehicle under the influence of alcohol or drugs. These substances negatively affect their attention span and their reaction speed.
- Reckless Drivers – Bikers often ride in the blind spots of trucks or go unnoticed for some drivers. The latter cut their way or stop in front of them, making impact imminent.
- Distracted Driving – Smartphones and other gadgets often distract the attention of vehicle operators. These fail to notice approaching dangers and are unable to avoid accidents. Any Beaumont motorcycle accident lawyer will use distracted driving to obtain compensation for their client.
No matter the causes, motorcycle accidents can destroy lives. They cause painful injuries and considerable financial losses. Motorcycle accident victims have the right to seek compensation for their losses
Factors to Consider for a Motorcycle Accident Attorney
Texas Motorcycle Laws
Besides laws referring to motorized vehicles in general, Texas bikers have to obey several specific laws:
- Anyone riding a motorcycle in Texas should hold a Class M license. Only those with a driver’s license can obtain it.
- Helmets are optional for riders who meet the Federal Motor Vehicle Safety Standard 218. They should be at least 21 years old. The graduation of a Motorcycle Operator Training Course approved by DPS is another requirement. Finally, bikers should hold medical insurance coverage at a minimum of $10,000.
- Although the law does not impose additional safety gear, its use diminishes injury risks.
- Lane splitting (riding between lanes or sharing the lane with another biker) is illegal. However, even a motorcycle accident lawyer may have a hard time proving it.
- Annual motorcycle inspections are mandatory. They should cover mirrors, horn, steering, brakes system, wheels, tires, exhaust system, lamps, reflectors, motor, serial, identification number. An experienced Beaumont, Texas motorcycle accident lawyer will always check the inspection report for inconsistencies.
- Bikers should only park their vehicles in dedicated spots. Handicapped parking spots are only available to those with a disabled placard and license plate. Also, parking in the striped areas adjacent to handicapped parking sports is illegal.
- Motorcycle passengers have to be a minimum of five years old. Those younger than 21 should wear a helmet. Carrying passengers is only legal on motorcycles with dedicated seats.
- Texas laws do not foresee noise or muffler volume restrictions for motorcycles.
These laws are very important, and any Beaumont motorcycle accident lawyer knows it. Bikers who get into accidents while violating them will almost always share responsibility. Their best chance at proving the other party’s fault and obtaining compensation is working with a motorcycle accident attorney.
Insurance Coverage Requirements
In Texas, the law requires bikers to carry minimum insurance coverage similar to that for vehicles. The figures for bodily injuries are $60,000 per accident and $30,000 per person. For property damage, the law imposes a minimum of $25,000 per accident. However, accidents involving uninsured/underinsured motorists are still frequent.
The available insurance coverage is one of the main aspects anyone involved in an accident should check. It is also one of the first details a motorcycle accident lawyer in Beaumont, Texas will focus on. Under Texas law, the party at fault covers the accident damages. Through insurance, the responsibility goes to the insurance company.
Someone injured in a motorcycle accident will seek compensation from the insurer of the party at fault. If the party at fault is uninsured, things become more complicated. Accident victims will have to review their own insurance policy. If they carry uninsured/underinsured motorist coverage, they can turn to their own insurer.
If they do not, they can sue the party at fault in civil court. Another option is to identify a third party (repair shop, road administrator, etc) and seek compensation from them. Before making any decision or giving up any rights, everyone should consult a motorcycle accident attorney. The latter will assess all options and identify the most promising one.
Texas Negligence Laws
In Texas, most car accidents are the result of negligence. The law defines negligence as a failure to exercise due care. Therefore, to obtain compensation from the party at fault, the victim or their motorcycle accident attorney will have to show that:
- The other party had the duty to act in a certain way. Obvious obligations are obeying traffic rules and periodical vehicle inspections.
- They breached their duty. Common examples are traffic law violations like speeding, texting while driving, DUI.
- Their negligence led to the accident. This means showing that the accident would not have occurred, had it not been for their actions.
- The accident caused the damages subject to the compensation claim. This step involves proving the cause and the value of the injuries and property damages incurred.
Of course, all this takes solid evidence. No court or insurance company will accept stories or theories. That is why it helps to benefit from the advice of a motorcycle accident attorney in Beaumont, TX. The latter will obtain proofs, find witnesses, and acquire supporting documents.
Texas laws accept the possibility for all the parties involved in an accident to share the fault for it. Each party is responsible for the damages corresponding to their fault percentage. Under Section 33.001 of the Civil Practice and Remedies Code, the parties who are more than 50% at fault cannot seek compensation.
This makes shared fault cases battles between motorcycle accident lawyers. Each lawyer will try to prove that the other party was more or just as at fault as their client. The outcome often depends on how each party acts at the scene of the accident. Here is what anyone should do when they don’t have a motorcycle accident attorney to assist them.
How to Act at the Accident Scene in the Absence of a Beaumont Motorcycle Accident Lawyer
Never Leave the Scene of the Accident
Section 550.021 from the State Transportation Code requires this. When complying, vehicle operators should avoid impeding traffic.
Request Medical Assistance
Sometimes, what appears to be a simple bruise or scratch aggravates. No matter how insignificant some injuries may seem, it is better to have a doctor examine them.
Report the Accident
Any accident that causes vehicle malfunctions needs reporting. So do accidents leading to injuries or death, according to section 550.026 of the Transportation Code. Most Beaumont motorcycle accident lawyers advise their clients to report accidents to their insurer.
Without a Texas motorcycle accident attorney to assist them, accident victims will have to play detective. They will have to obtain the contact information of the other parties involved. Other helpful details refer to vehicles involved, insurance coverage, and the drivers’ licenses.
Any type of evidence on how the accident occurred is worth gold when seeking compensation. Motorcycle accident lawyers advise their clients to take photos and record videos. They should focus on vehicle position, brake marks, damages, etc.
Avoid Unnecessary Statements and Conflicts
After accidents, people get angry and desperate. They do or say things they do not mean. It is best to talk less, listen more, and contact a motorcycle accident lawyer.
Never Admit Fault or Sign Right-Wavers or Early Settlements
Many insurance agents try to convince accident victims to acknowledge their fault. They also offer unfavorable settlements. Falling into their trap could result in loss of compensation.
Don’t Wait too Long Before Seeking Compensation
Under the Texas statute of limitations, the deadline for compensation claims is of two years. However, the claim preparation process should begin much earlier. This way, the claimant or their motorcycle accident attorney will have enough time. They will need it to gather evidence and follow the necessary procedures.
Always Get a Claim Evaluation from a Motorcycle Accident Lawyer
Compensation claims can cover more than property damage and medical expenses. They can include lost income, loss of earning capacity, disability adjustments, and more. They refer not only to already incurred expenses, but also to future ones. Motorcycle accident lawyers know how to estimate future losses and what type of expenses to cover.
Don’t Settle without Consulting a Motorcycle Accident Attorney in Beaumont, TX
Those who receive settlement offers should not rush into accepting them. They suggest that the insurance company admits the validity of their claim. However, their goal is to minimize their losses and pay lower compensation. An experienced motorcycle accident lawyer may be able to obtain much more. If they cannot, there is always the possibility to file an appeal or a civil lawsuit.
How Beaumont, TX, Motorcycle Accident Lawyers Can Help
Only those who have been in an accident know how confusing and devastating the experience is. The parties involved often see death with their own eyes. On one hand, they are happy they survived. On the other hand, they are angry it happened to them. They are also worried about what may happen.
The adrenaline rush prevents them from thinking straight and assessing their situation objectively. Most people have no idea what to do or when, so they go with the flow. They could definitely benefit from the advice of a Beaumont motorcycle accident attorney.
If called on time and able to come to the accident scene, the lawyer will take over their client’s duties. They will report the accident and gather all the necessary information. They will also assess how the accident occurred, collect evidence, and interview witnesses.
Their client will no longer have to knock on closed doors or worry about formalities and deadlines. They will be free to focus on recovering and moving on with their lives. Their motorcycle accident lawyer will keep them informed. Additionally, they will defend their interests every step of the way.
To sum up, motorcycle accident lawyers save their clients time, money, and energy. They offer support, guidance, and peace of mind. Most of them manage to secure higher compensations than their clients could obtain.
Consult a Beaumont Motorcycle Accident Attorney from Brent Coon & Associates Now!
If you have been involved in a Texas motorcycle accident, you probably want to know how much your claim is worth. Our Beaumont motorcycle accident lawyers can evaluate it. If you wish, they can take over all the hassles. Contact us today and schedule a free consultation now! You will receive advice and answers from a dedicated motorcycle accident attorney in Beaumont, TX!
Not only is Brent Coon extremely knowledgeable but as a client you know for a fact that he truly has your best interest in mind.
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