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What Damages Are Available After a Texas Motorcycle Wreck?

Posted on in Personal Injury

Comal County motorcycle crash attorneyEach year in the United States, May is recognized as National Motorcycle Safety Awareness Month. This is an important time to reflect on how motorcycles and other vehicles can more safely share the road and reduce the risk of accidents and injuries, but it is also a good time for motorcyclists to learn about their options if they are injured in an accident. Motorcycle crash injuries often result in lasting consequences, and it is important for motorcyclists and their families to be aware of all the damages they may be able to recover through a personal injury claim.

When Can I Recover Damages?

When a motorcyclist is injured in an accident and requires medical care, two things must be true in order for them to recover compensation. First, their injuries must have been caused entirely or partially by the negligence of another party. Often, this means another driver may have caused the crash because they were drunk, distracted, or otherwise driving recklessly in breach of their duty of care to others on the road. In some cases, other parties may also be liable, such as employers of commercial truck drivers or manufacturers of defective motorcycle parts.

Second, the motorcyclist must have been 50 percent or less responsible for their own injuries. It can be much more difficult to recover compensation from another party in a single-vehicle accident, or an accident in which the motorcyclist was intoxicated, speeding, or otherwise violating traffic laws.

If the motorcyclist survives their injuries, they can pursue compensation themself through a personal injury claim. Unfortunately, more than 5 percent of motorcycle accidents in Texas are fatal. In these cases, the surviving family may pursue compensation through a wrongful death claim.

Damages for Injured Motorcyclists

When another party’s negligence is a factor, injured motorcyclists and their families can recover compensation for a variety of damages, including:

  • Medical expenses for the treatment of their injuries, such as emergency care, medication, surgery, rehabilitation, and assistive devices

  • Lost wages and earning capacity, including for missed time at work during treatment and recovery, as well as for reduced work abilities due to long-term disability

  • Property damage, including the cost of repairing or replacing the motorcycle

  • Pain and suffering damages, including for mental distress, scarring and disfigurement, loss of enjoyment, and loss of companionship

  • Funeral and burial expenses for a motorcyclist who was fatally injured

Contact a Comal County Motorcycle Accident Attorney

At New Braunfels Personal Injury Attorney, Inc., we are committed to promoting motorcycle safety and to recovering fair compensation for those who have suffered injuries. With our assistance, you can find relief from the physical, mental, and financial hardship that you may be experiencing. For a free consultation, contact a Seguin, TX personal injury lawyer today at 830-201-3515.

 

Sources:

https://nationaldaycalendar.com/motorcycle-safety-awareness-month-may/

https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813060

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