McAllen Motorcycle Accident Lawyer

Have you or a loved one been injured in a motorcycle accident recently? Contact the Edwards Law Firm today to schedule a free consultation. Our team of experienced McAllen motorcycle accident lawyers is here to ensure you receive the compensation you deserve.
McAllen and the Rio Grande Valley's beautiful weather encourages many to opt for motorcycles as their main mode of transportation. However, the thrill of riding is overshadowed when motorcycle accidents occur. Regrettably, other drivers often overlook or fail to watch for motorcycles, leading to perilous and often fatal accidents. 

Negligent behavior from drivers of passenger vehicles who disregard sharing the road safely puts motorcyclists at grave risk for severe injuries or worse. Unlike occupants of enclosed vehicles, motorcyclists lack the same level of protection in accidents. Shocking motorcycle accident statistics reveal that, on average, one motorcyclist loses their life daily in Texas. In one recent year alone, 412 bikers met tragic ends on Texas roads. 

At The Edwards Law Firm, our McAllen motorcycle accident lawyers empathize with the challenges confronting individuals injured in car accidents. We are committed to safeguarding the rights of victims while ensuring they obtain rightful compensation. With over a century of collective legal expertise, we have a deep understanding of motorcycle accident cases in McAllen and throughout Texas. This enables us to assist victims in navigating settlement negotiations with insurance firms or exploring alternative legal avenues for seeking compensation.

An Overview of Texas Helmet Laws

In Texas, helmet laws for motorcycle riders are primarily governed by Chapter 661 of the Texas Transportation Code. Here's an overview:

Helmet Requirements

Motorcycle riders and passengers under the age of 21 are required to wear a helmet that meets U.S. Department of Transportation standards while operating or riding on a motorcycle. For those 21 and older, helmets are not legally required if they have completed motorcycle operator training, and safety course or are covered by a health insurance plan that provides at least $10,000 in medical benefits for injuries resulting from a motorcycle accident.

Exemptions

Riders 21 and older are exempt from wearing a helmet if they can provide proof of health insurance coverage that meets the minimum legal requirements. However, all riders, regardless of age, are required to wear eye protection unless the motorcycle is equipped with a windscreen or windshield.

Legal Implications

Law enforcement officers are authorized to stop and issue citations to motorcycle riders and passengers who violate the helmet law. Penalties for violating this law may include fines and court fees, and such violations could also negatively impact insurance coverage in the event of an accident.

Importance of Helmets

While Texas law may not require all motorcycle riders and passengers to wear helmets, wearing a helmet is strongly recommended for everyone's safety. Helmets can significantly reduce the risk of head injuries and fatalities in motorcycle accidents.

If you were involved in a motorcycle accident in Texas and have questions about helmet laws or need legal representation, our experienced attorneys are here to help. Contact us for a free consultation to discuss your case and understand your rights and options. We can provide guidance on navigating the legal process and pursuing compensation for your injuries and damages.

Is Lane-Splitting Legal in Texas?

Lane-splitting, also known as "filtering" or "white-lining," refers to the practice of a motorcyclist riding between lanes of slow-moving or stopped traffic. In Texas, the legality of lane-splitting is not explicitly addressed in state law. Therefore, lane-splitting is neither expressly permitted nor expressly prohibited.

Texas does not have a statute that specifically addresses lane-splitting. Law enforcement officers have discretion in enforcing traffic laws, which means that they may interpret lane-splitting differently depending on the situation and local practices.

Potential Risks

Lane-splitting can be hazardous for motorcyclists, other motorists, and pedestrians if not done cautiously and responsibly. The lack of clear rules regarding lane-splitting in Texas can lead to confusion and disputes about its legality.

Other Considerations

Local Regulations: Some municipalities may have ordinances or regulations that address lane-splitting or similar practices. It's essential to be aware of local rules and customs.

Safety Recommendations: While lane-splitting may not be explicitly illegal, riders should exercise caution and consider the potential safety risks.

If you've been involved in a motorcycle accident while lane-splitting or have questions about Texas traffic laws, it's advisable to consult with an experienced attorney. They can provide guidance on your legal rights and options and help you navigate the complexities of your case.

Our legal team is here to assist you if you've been injured in a motorcycle accident or have concerns about lane-splitting laws in Texas. Contact us to discuss your situation and explore how we can help you seek compensation for your injuries and damages.

How Fault is Established in a McAllen Motorcycle Accident

Establishing fault in a McAllen motorcycle accident involves thoroughly investigating the collision's circumstances. Here's how fault is typically determined:

Accident Scene Investigation

Examining the accident scene for physical evidence, such as skid marks, vehicle positions, and road conditions, is crucial for reconstructing the events leading up to the crash. Additionally, documenting the scene with photographs or videos provides valuable visual evidence that captures the conditions at the time of the accident, helping to support your case.

Eyewitness Testimony

Gathering statements from eyewitnesses who observed the accident can offer valuable insights into what occurred and help establish who may be at fault. Accident reconstruction experts can then use these eyewitness testimonies, along with other evidence, to recreate the sequence of events and provide a professional assessment of fault.

Police Reports

Reviewing the police report filed at the accident scene is essential, as it provides an objective summary of the incident. This official documentation often includes details such as citations issued and initial determinations of fault, which can be crucial in building your case.

Traffic Laws and Regulations

Determining whether any parties involved in the accident violated traffic laws, such as speeding, failure to yield, or improper lane changes, is crucial for establishing fault. Additionally, understanding Texas motorcycle laws and regulations can help assess whether the motorcyclist or other parties complied with legal requirements, further aiding in determining liability.

Vehicle Damage Assessment

Damage analysis involves examining the damage to the vehicles involved in the accident, which can offer important clues about the point of impact and the severity of the collision. This information is valuable in determining fault and understanding how the accident occurred.

Comparative Fault

Contributory negligence in Texas follows a modified comparative fault rule. If multiple parties are found to be at fault for an accident, their degree of fault will determine their proportion of liability for damages. This rule ensures that each party is only responsible for the damages corresponding to their level of fault in the accident.

Legal Expertise

Seeking guidance from an experienced motorcycle accident attorney is invaluable for navigating the complexities of fault determination, negotiating with insurance companies, and pursuing legal action if necessary. An attorney can help protect your rights and ensure you receive your deserved compensation.

If you've been involved in a motorcycle accident in McAllen and need assistance establishing fault or seeking compensation for your injuries and damages, our experienced attorneys are here to help. Contact us to discuss your case and explore your legal options. We are committed to advocating for your rights and helping you obtain the compensation you deserve.

Texas Motorcycle Accident Statistics

The statistics underscore the importance of prioritizing motorcycle safety on Texas roads. In 2019 alone:

  • Four hundred twelve fatal motorcycle accidents were recorded in Texas.
  • Over 1,800 motorcyclists suffered serious injuries.
  • Helmet use remains crucial, with nearly half of fatal accidents involving riders not wearing helmets.

These statistics underscore the risks motorcyclists face and the need for solid legal representation.

How Modified Comparative Negligence Impacts McAllen Motorcycle Accident Claims

Modified comparative negligence can have a significant impact on your motorcycle accident claim in McAllen. Here's how it works and how it may affect your case:

Understanding Modified Comparative Negligence

  • Percentage of Fault: Modified comparative negligence allows for assigning a percentage of fault to each party involved in an accident based on their degree of negligence.
  • Threshold for Recovery: In Texas, the modified comparative negligence rule bars recovery if the injured party is found to be equally or more at fault than the other party involved. However, if the injured party is less than 51% at fault, they can still recover damages, but their compensation will be reduced by their percentage of fault.

Impact on Your Claim

  • Reduction in Compensation: If you're found partially at fault for the motorcycle accident, your compensation may be reduced by the percentage of fault attributed to you. For example, if you're deemed 20% at fault and awarded $100,000 in damages, your compensation would be reduced by 20%, leaving you with $80,000.
  • Bar to Recovery: If you're found to be equally or more at fault than the other party, you may be barred from recovering any compensation for your injuries and damages.
  • Complex Legal Analysis: Determining each party's degree of fault can be a complex legal process involving evidence collection, witness testimony, and expert analysis. It's crucial to have experienced legal representation to advocate for your rights and minimize your share of fault.

Navigating modified comparative negligence in a motorcycle accident claim requires a thorough understanding of Texas laws and a strategic approach to building your case. An experienced attorney can assess the circumstances of your accident, gather evidence, and negotiate with insurance companies to ensure you receive fair compensation.

If you've been injured in a motorcycle accident in McAllen and have questions about comparative negligence or need legal representation, our knowledgeable attorneys are here to discuss your case and explore your legal options. We're committed to advocating for your rights and helping you recover the compensation you deserve. Contact us as soon as possible. 

Time Limits for Filing a McAllen Motorcycle Accident Claim

The time limit, or statute of limitations, for filing a motorcycle accident claim in McAllen, Texas, is crucial to understand. Here's what you need to know:

Statute of Limitations

  • Two-Year Deadline: In Texas, the statute of limitations for personal injury claims, including motorcycle accidents, is generally two years from the date of the accident.
  • Deadline Awareness: It's essential to be aware of this deadline and take action promptly to protect your rights. Failing to file a claim within the statute of limitations can result in your case being barred from court.

Importance of Timely Action

  • Preservation of Evidence: Acting swiftly allows for preserving crucial evidence, such as accident reports, witness statements, and medical records, which can strengthen your case.
  • Witness Availability: Witnesses' memories may fade over time, making it vital to gather their statements and testimony as soon as possible after the accident.
  • Legal Process: The legal process can be time-consuming, involving negotiations with insurance companies, investigation of the accident, and possibly litigation. Starting the process early gives your attorney adequate time to build a robust case on your behalf.

Exceptions to the Statute of Limitations

  • Special Circumstances: Certain circumstances may extend or alter the statute of limitations deadline. For example, if the injured party is a minor at the time of the accident, the statute of limitations may be tolled (paused) until they reach the age of 18.
  • Government Entities: Claims against government entities typically have shorter notice requirements and deadlines, so it's essential to act promptly if a government entity is involved in your accident.

If you're uncertain about the statute of limitations or need assistance with your motorcycle accident claim, it's crucial to consult with an experienced attorney. They can assess the specifics of your case, advise you on your legal rights, and ensure that your claim is filed within the applicable deadline.

Don't delay in seeking legal help if you've been injured in a motorcycle accident in McAllen. Contact our experienced McAllen motorcycle accident lawyers for a free review to discuss your case and understand your options for pursuing compensation. We're here to advocate for your rights and guide you through the legal process.

Am I Required to File a Report After a McAllen Motorcycle Accident?

After a motorcycle accident in McAllen, Texas, you may be required to file a report depending on the circumstances of the accident. Here's what you need to know:

Duty to Report

  • Accidents Resulting in Injury or Death: Texas law mandates that individuals involved in a motor vehicle accident resulting in injury, death, or property damage exceeding $1,000 must promptly report the accident to the local police department or sheriff's office.
  • Hit-and-Run Accidents: If the other party involved in the accident flees the scene (hit-and-run), you must report the incident to law enforcement immediately.

Reporting Process

  • Contact Law Enforcement: Call 911 or the non-emergency police number to report the accident. Law enforcement officers will respond to the scene, investigate the accident, and file a report.
  • Provide Information: Be prepared to provide relevant details about the accident, including the location, description of vehicles involved, and any injuries sustained.

Importance of Reporting

  • Legal Requirement: Failing to report an accident as required by law can result in penalties, including fines and potential legal consequences.
  • Documentation: The accident report serves as an official record of the incident, documenting key details such as the date, time, and location of the accident, as well as the parties involved and any witnesses.
  • Insurance Claims: The accident report may be crucial when filing an insurance claim for property damage or injuries resulting from the accident. Insurance companies often rely on police reports during the claims process.

If you've been involved in a motorcycle accident in McAllen and have questions about reporting requirements or need legal guidance, it's advisable to consult with an experienced attorney. They can advise you on your legal obligations, help you navigate the reporting process, and advocate for your rights throughout the aftermath of the accident.

The Most Common Motorcycle Accident Injuries

Motorcycle accidents can result in a wide range of injuries, some of which can be severe or life-threatening due to the lack of protection provided by motorcycles compared to other vehicles. Here are some of the most common motorcycle accident injuries:

Head Injuries

Traumatic brain injuries (TBIs) are a significant concern in motorcycle accidents, even when riders wear helmets. These head injuries can range from mild concussions to severe brain damage, impacting cognitive and physical functions and often requiring long-term medical care and rehabilitation.

Spinal Cord Injuries

Paralysis is a devastating consequence of motorcycle accidents, often resulting from spinal cord injuries caused by the impact. These injuries can lead to partial or complete paralysis, with lifelong implications that require extensive medical care, rehabilitation, and significant lifestyle adjustments.

Fractures and Orthopedic Injuries

Broken bones are a common injury in motorcycle accidents, resulting from the force of impact. Riders often sustain fractures to the arms, legs, ribs, pelvis, or other bones, which typically require surgery, immobilization, and rehabilitation to heal properly. These injuries can lead to extended recovery times and temporary or permanent limitations in mobility.

Road Rash and Abrasions

Skin injuries, particularly road rash, are common when a rider is ejected from a motorcycle during an accident and slides across the pavement. Road rash can range from minor abrasions to deep wounds that may require medical treatment and, in severe cases, skin grafts to heal properly. These injuries can be painful and lead to scarring or infection if not treated promptly.

Soft Tissue Injuries

Contusions and sprains are common in motorcycle accidents, leading to extensive soft tissue damage. These injuries often result in pain, swelling, and restricted mobility, requiring rest, physical therapy, and sometimes medical intervention to heal properly. While they may seem less severe than fractures or head injuries, they can still significantly impact a rider's ability to perform daily activities.

Internal Injuries

Organ damage is a severe consequence of motorcycle accidents, often caused by the force of impact leading to internal injuries or internal bleeding. These injuries may not be immediately apparent, making them particularly dangerous, and they require urgent medical attention to prevent life-threatening complications.

Facial and Dental Injuries

Facial trauma is a common result of motorcycle accidents, leading to injuries such as fractures, lacerations, and dental damage. These injuries often require surgical intervention and can have long-lasting cosmetic and functional consequences, affecting the rider's appearance and quality of life.

Emotional Trauma

The psychological impact of a motorcycle accident can be profound, often leading to conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression. This emotional trauma can be as debilitating as physical injuries and may require counseling or therapy to address, helping the rider cope with the aftermath of the accident.

Seeking Medical Attention

Regardless of the severity of injuries sustained in a motorcycle accident, it's essential to seek prompt medical attention. Even seemingly minor injuries can worsen over time if left untreated. Additionally, seeking medical care creates a record of your injuries, which can be crucial for insurance claims and legal proceedings.

If you've been injured in a motorcycle accident in McAllen, it's essential to consult with an experienced McAllen motorcycle accident lawyer who can help you understand your rights and pursue compensation for your injuries and damages.

What Are the Insurance Minimums for Texas Motorcycle Riders?

In Texas, motorcycle riders are required to carry liability insurance to cover potential damages resulting from accidents they may cause. The minimum insurance coverage limits for motorcycle riders in Texas are as follows:

Liability Insurance

  • $30,000 per person: Bodily injury liability coverage for injuries sustained by one person in an accident.
  • $60,000 per accident: Total bodily injury liability coverage for all injuries sustained in an accident involving multiple people.
  • $25,000 per accident: Property damage liability coverage for damage to the other party's vehicle or property in an accident.

Optional Coverage

In addition to liability insurance, Texas motorcycle riders may choose to purchase additional coverage options for added protection, such as:

  • Uninsured/Underinsured Motorist Coverage: This coverage protects you if you're involved in an accident with a motorist who either has no insurance or insufficient insurance to cover your damages.
  • Personal Injury Protection (PIP): PIP coverage helps pay for medical expenses and lost wages for you and your passengers, regardless of who is at fault in an accident.
  • Comprehensive and Collision Coverage: These coverages protect your motorcycle against damage from theft, vandalism, weather events, and collisions with other vehicles or objects.

Importance of Adequate Coverage

While Texas law sets minimum insurance requirements for motorcycle riders, it's often advisable to purchase higher coverage limits and additional optional coverages to ensure adequate protection in the event of an accident. Medical expenses, property damage, and legal costs resulting from accidents can quickly exceed minimum coverage limits, leaving you financially vulnerable if you're found liable for damages.

Legal Requirements and Penalties

Motorcycle riders in Texas must carry proof of insurance and present it upon request by law enforcement officers. Failure to carry the required insurance coverage can result in fines, license suspension, and other penalties.

Consult with a Lawyer

If you have questions about motorcycle insurance requirements in Texas or need assistance with an insurance claim after a motorcycle accident, it's essential to consult with an experienced attorney. They can help you understand your rights, navigate the insurance claims process, and advocate for your best interests.

Don't hesitate to contact the skilled McAllen motorcycle accident lawyers at the Edwards Law Firm for guidance and legal representation following a motorcycle accident in McAllen. We're here to help you protect your rights and pursue fair compensation for your injuries and damages.

Contact a McAllen Motorcycle Accident Lawyer Today

By seeking assistance from the seasoned McAllen motorcycle accident lawyers at The Edwards Law Firm, you can ensure you're on the right path to seek fair compensation for the injuries and losses incurred in a car accident. We'll guide you through the aftermath of collisions involving uninsured drivers, offering counsel on your available courses of action and representing you in insurance negotiations or legal proceedings. 

Contact us today to arrange a complimentary consultation at 361-320-6752.

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