Midland Motorcycle Accident Lawyer

Even if you do not want to make the four-hour ride down to the Big Bend National Park Loop, you can still find no shortage of scenic motorcycle rides in the Midland area. Despite the beauty of West Texas, many people can suffer injuries in a variety of crashes, and it is important for all victims to make sure they quickly begin working with a Midland motorcycle accident lawyer for help recovering all of the financial compensation they need to cover all of the different bills that can arise in a motorcycle crash.

According to the Governors Highway Safety Association (GHSA), Texas had the third highest motorcyclist fatality total of all states in the country with 491, and motorcyclist deaths made up 13.0 percent of all motor vehicle deaths. The Insurance Institute for Highway Safety (IIHS) and Highway Loss Data Institute (HLDI) report that 483 motorcyclists were killed in the most recent report, translating to 12 percent of all fatalities.

Common Causes of Midland Motorcycle Accidents 

While many other drivers of passenger vehicles can indeed be to blame for causing many motorcycle crashes, motorcyclists need to be aware that most insurance companies are going to try and pin as much blame as possible on motorcyclists themselves. While this belief is generally unfair to motorcyclists, you will want to be sure you have an attorney who knows how to deal with these kinds of unfair assumptions insurers tend to make.

In reality, there are several different kinds of motorcycle accidents. Some of the most frequent causes of these wrecks may include:

• Running Stop Signs or Stop Lights — When another driver fails to stop at a red light or stop sign, they can be financially liable for all of the costs of your damages. Texas has many intersections with traffic lights, and some even have red light cameras. Several drivers attempt to speed up or beat lights by driving through intersections while lights are still yellow, but some drivers misjudge the duration of yellow lights and end up running red lights, causing motorcycle accidents when motorcyclists begin to pass with green lights at their intersections.
• Aggressive or Reckless Driving — Aggressive driving is defined by the Texas Department of Insurance (TDI) as any unsafe behavior a driver performs purposely with ill intent or disregard for the safety of others that puts other drivers or property at risk, and the Texas Department of Transportation (TxDOT) states that aggressive driving violations may lead to fines of as much as $200 for every offense. Under Texas Transportation Code § 545.401, reckless driving involves driving a vehicle in wilful or wanton disregard for the safety of persons or property. 
• Speeding — Speeding offenses happen on all kinds of roads in Texas, from interstate highways such as Interstate 20 (I-20) to busy city streets that include Texas State Highway 140 (SH 140), Texas State Highway Loop 40 (Loop 40), and Texas State Highway 191 (SH 191), to suburban side streets to country roads. High-speed collisions always involve an increased risk of more catastrophic injuries.
• Improper Lane Changes or Turns — The Texas Transportation Code has a number of provisions prohibiting drivers from making improper lane changes in multiple situations. For example, Texas Transportation Code § 545.060(a) states that a motorist cannot move from a lane unless their movement can be made safely, Texas Transportation Code § 101 relates to signaling turns, and Texas Transportation Code § 104 provides further turn signal guidance. A lane change crash often occurs when one vehicle enters or tries to enter the path of another vehicle, usually involving typical lane changes but also possibly involving turns, drifting, passing, or merging.
• Failure to Yield Right of Way — Another driver commits a failure to yield violation when they do not have the right of way but fail to allow passage to a driver who does. Common failure to yield violations include failure to stop at an intersection until all the vehicles with right of way have passed, making left turns before ensuring that intersections are clear, failure to allow pedestrians with the right of way to exiting intersections safely, making turns before cyclists with right of the way safely exit intersections, pulling into streets without waiting for roads to clear, merging onto freeways without yielding to drivers with right of way, and failure to yield to oncoming traffic when there are flashing yellow lights or red lights.
• Tailgating — Texas Transportation Code § 545.062 is the state law relating to the following distance and states that a driver must, when following another vehicle, maintain an assured clear distance between the two vehicles so they can safely stop without colliding with the preceding vehicle or veering into another vehicle. The Texas Department of Public Safety (DPS) Texas Driver Handbook recommends that when people drive at speeds of 30 miles per hour (mph) or less, they should provide 2 seconds of following distance. When the speeds are more than 30 mph, 4 seconds is appropriate, and even more, time is required when road conditions are poor.
• Driving While Intoxicated (DWI) — While another driver being under the influence of drugs or alcohol can often be a definitive form of proving negligence, it is not always ironclad, and you can bet the drunk or drugged driver’s insurance company will still do what it can to argue its client was not actually at fault. A DWI usually results in criminal charges, and individuals causing accidents resulting in serious injuries can face third-degree felony intoxication assault charges, while anybody causing the death of a motorcyclist could be facing second-degree felony intoxication manslaughter charges.
• Driver Fatigue — Speaking of drunk driving, the effects of fatigue often earn a comparison to intoxication. Unfortunately, proving driver fatigue can be much more difficult than proving intoxication. When a fatigued driver was operating a commercial truck, a lawyer may be able to look for hours-of-service violations, but other cases will have to rely on other forms of evidence.
• Distracted Driving — The TDI Driving Distractions Fact Sheet lists using an electronic device to text or talk, drowsiness, eating and drinking, grooming, reaching for moving objects, looking at objects outside the vehicle, adjusting radios, music players, or sync dashboard systems, interacting with passengers and pets, and reading as being the most high-risk driving distractions.
• Motorcycle Defects — Defects in motorcycles can affect the framework, engines, fuel tanks, brakes, wheels, tires, or handlebars. Every single defect will have the potential to cause an unexpected accident when an issue arises while a person is riding their motorcycle. Manufacturers of defective parts can be liable when they fail to issue recalls of defective parts. Seek legal help at Cesar Ornelas Law.
• Potholes or Other Dangerous Road Conditions — Certain unsafe road conditions such as the absence of guardrails, erosion of roads, excessive potholes, a lack of warning signs, and otherwise faulty road designs can play significant roles in causing crashes. While government agencies and departments may be responsible for the maintenance of roadways and fixing roadway defects, responsibilities could be shared in some cases. You will want to have an attorney help you identify the liable parties in these cases.
• Inclement Weather Conditions — Rain, flash floods, or even hurricanes can occur in Texas, and adverse weather conditions should force all drivers to exercise greater caution on the roads. Some drivers do not adjust their speeds or mannerisms accordingly and are at greater risk of causing traffic accidents. Weather is not an excuse to avoid liability, and a person can still be liable when they did not operate safely in bad weather.

Types of Motorcycle Accident Injuries in Midland

A motorcycle crash can frequently involve severe injuries to people riding motorcycles. There is no denying that motorcyclists are far more susceptible to catastrophic injuries by virtue of their inherent lack of protection because a motorcycle does not give a rider the same kinds of protection that occupants of passenger vehicles enjoy.

The result can mean a wide range of possible injuries, including a number of devastating head injuries. Traumatic brain injuries (TBIs), for example, may be mild, moderate, or severe and could require surgery to remove or repair contusions (bruised brain tissue) or hematomas (ruptured blood vessels). 

Closed head injuries involve trauma to the head not causing a break in the skull, and moderate or severe closed head injuries may require emergency care, including supportive care, such as oxygen, IV fluids, and nutrition therapy. Concussions may require several days of bed rest, fluids, and certain over-the-counter (OTC) pain relievers such as acetaminophen. 

Other kinds of injuries to other parts of the bodies of motorcyclists could include, but are not limited to:

• Fractures or broken bones 
• Lacerations
• Contusions
• Sprains and strains
• Herniated discs
• Road rash 
• Spinal cord injuries 
• Paralysis 
• Joint damage
• Permanent nerve injuries 
• Back injuries 
• Knee injuries 
• Leg injuries 
• Neck injuries 
• Arm injuries 
• Internal injuries 
• Amputations 
• Burn injuries 
• Whiplash

There is no denying that a motorcycle accident’s lack of protection also increases the chances of a crash being fatal. Texas Civil Practice and Remedies Code § 71.004 specifies that only surviving spouses, children, and parents of a deceased person can benefit from wrongful death claims, but executors or administrators of estates can bring actions when none of those people begin actions within three months of death and do not object to the executors or administrators bringing claims.

Damages in Midland Motorcycle Accident Cases

Texas Civil Practice and Remedies Code § 41.001 defines compensatory damages as being economic and noneconomic damages. Economic damages are compensatory damages intended to compensate people for actual economic or pecuniary losses, while noneconomic damages are damages that have the purpose of compensating people for nonpecuniary losses.

The most common kind of economic damage in most motorcycle accident cases will be medical expenses because most victims will accumulate staggering amounts of medical bills. It is important for victims to resist early settlement offers because insurance companies rarely calculate future medical care needs in their settlement offers.

Other kinds of economic damages may include:

• Property Damage
• Lost Wages
• Physical Therapy Costs
• Rehabilitation Expenses
• Costs of Long-Term Care

The first noneconomic damage the Texas Civil Practice and Remedies Code lists is physical pain and suffering. This is a common noneconomic damage claim because most motorcycle accident victims are indeed dealing with significant pain and suffering.

Other noneconomic damages can include:

• Loss of consortium
• Physical impairment
• Loss of companionship and society
• Inconvenience
• Injury to reputation
• Loss of Enjoyment of Life
• Emotional Distress
• Mental Anguish
• Pain and Suffering
• Disfigurement
• Physical Limitations

Your lawyer can calculate these damages for you. 

Call Us Today to Schedule a Free Consultation with a Midland Motorcycle Accident Lawyer

If you suffered serious injuries or your loved one was killed in a motorcycle accident in the greater Midland area, you should not wait another moment to seek legal representation. Get in touch with Cesar Ornelas Injury Law to get a dedicated and skilled legal advocate on your side who will know how to fight for full and fair financial compensation that will cover every single expense you are incurring because of your crash.

Our firm will immediately commence our own independent investigation into your crash and work to make sure that you can hold the negligent party liable. Call (855) 930-1149 or (210) 957-2103 or contact us online to schedule a free consultation that will let us take a much longer look at your case and really discuss every single detail with you so we can have a full understanding of everything you are now dealing with.