Motorcycle crashes can cause severe injuries, complex liability issues, and life-changing outcomes. If you or a loved one were involved in a motorcycle accident, you need an experienced Pearland motorcycle accident attorney on your side. At DeKeyzer Law, we serve clients who have been injured in motorcycle accidents by providing personal attention and aggressive advocacy in pursuit of full and fair compensation.
Motorcycling can be an enjoyable and liberating activity, but it also carries a higher risk than operating a car or truck. When careless drivers fail to see motorcyclists on the road or violate traffic laws, the consequences can be tragic. Our experienced legal team is here to help guide you through the legal process while fighting to protect your rights every step of the way.
Motorcycle Accident Statistics in Pearland
Motorcycle accidents result in a higher rate of severe injuries and fatalities than other motor vehicles on the road. In recent traffic accident statistics for Pearland and the Greater Houston area, motorcycle wrecks accounted for a significant percentage of severe injury crashes, reflecting both the growing popularity of motorcycling as a recreational activity as well as the risks riders face on increasingly busy highways and roadways.
Motorcyclists have less protection on the road than drivers of enclosed vehicles. A collision at even moderate speeds can cause serious bodily injury. This danger is why it’s important to seek medical care and legal advice promptly after a crash.
Common Causes of Motorcycle Accidents
Motorcycle accidents frequently result from the negligence of another person on the road. Injuries sustained in a motorcycle crash may be caused by one or more of the following:
Failure to Yield
Failure to yield the right of way is one of the most common causes of motorcycle accidents. These types of wrecks frequently happen at intersections, left turns, or when another driver merges into the same lane as a motorcyclist.
Distracted Driving
Drivers who are distracted by their phones, navigation systems, or other objects may not notice a motorcyclist in time to avoid a collision.
Unsafe Lane Changes
Motorcyclists are also at risk from drivers who drift out of their lane or merge without checking their blind spot.
Speeding
Speeding is a leading cause of motorcycle accidents because the faster a vehicle is traveling, the less time a driver has to react to road hazards.
Driving While Intoxicated
Drinking and driving remains one of the more hazardous causes of motorcycle collisions.
Road Hazards
Uneven pavement, road debris, missing or obscured signage, and highway construction zones can also pose significant risks to motorcyclists.
Determining Liability in Motorcycle Accidents
Liability in a motorcycle accident refers to who is legally responsible for the cause of the wreck. Liability is often with other motorists, but it can also be with a governmental entity or a product manufacturer.
Determining liability often starts with another party, such as:
- Drivers who did not follow traffic laws
- Drivers who were distracted or under the influence of alcohol
- Vehicle owners who allowed an incompetent driver to operate their car
- Product manufacturers who sold defective parts or vehicles
- Government entities that were responsible for the maintenance of a road or traffic signals
Texas follows a modified comparative fault rule, meaning that you can still recover compensation if you were partially at fault, as long as you were not more than 50 percent responsible. Your recovery will be reduced by your percentage of fault.
Relevant Texas Laws and Statutes
Motorcyclists and motorists in Pearland are all required to follow traffic laws intended to keep people safe and reduce the risk of accidents. Some of the more important traffic safety and motor vehicle statutes in Texas include:
Helmet and Safety Gear Laws
Texas law requires all motorcyclists under 21 to wear a helmet while operating a motorcycle. Motorcyclists 21 years of age and older may also legally choose not to wear a helmet while riding their motorcycle if they have the proper insurance coverage.
Rules Regarding Right-of-Way and Yielding
Drivers must yield to motorcycles the same as they would to any other vehicle. Failure to do so may be considered negligent driving.
Insurance Coverage Minimums
Texas law requires drivers to carry a minimum amount of liability insurance, but these minimum coverage limits are often far below the cost of injuries and damages that can result from a serious motorcycle accident.
Your Pearland motorcycle accident lawyer will know how to apply these laws and others to the specifics of your case.
What to Do After a Motorcycle Accident
The steps you take after an accident can make a significant difference to your health and recovery, as well as the success of any potential legal claim.
#1. Seek Medical Attention
After a crash, you should always get checked out by a medical professional as soon as possible. It is common for injuries to be present, but symptoms not to show up for some time after the collision. A medical professional can help identify and treat any injuries and document them for your case.
#2. Report the Crash
Call the police to the scene so that they can file an official accident report. This report is essential to your claim.
#3. Collect Evidence
If possible, take photos of the scene, vehicles, road conditions, traffic signs, and any visible injuries. Write down the contact information of any witnesses, too.
#4. Do Not Give a Detailed Statement
Insurance adjusters may request a recorded statement or try to offer a low settlement. Do not give a detailed description of your injuries without first speaking to your attorney.
#5. Keep Records
Preserve all medical and repair bills, accident reports, and other documentation related to your crash. This evidence will be important to proving your damages.
Types of Recoverable Damages
Damages in a motorcycle accident claim may include the following:
Economic Damages
- Medical expenses (past and future)
- Ambulance and hospital bills
- Physical therapy and rehabilitation
- Lost income and loss of earning capacity
- Motorcycle repairs or replacement
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Future injury damages
If you suffered a long-term injury or have been permanently disabled, you may be able to recover for:
- Disability or permanent impairment
- Long-term care
- Change in lifestyle
An experienced Pearland motorcycle accident lawyer will work with you to calculate the full value of your losses, including those that will arise in the future, so you don’t settle for less than you deserve.
Why You Need an Experienced Lawyer
Motorcycle accidents are complex cases. Insurance companies often undervalue these claims due to bias against motorcyclists. They will look for any excuse to place blame on you, question your helmet use, or claim that motorcycles are more dangerous than other vehicles.
An experienced Pearland motorcycle accident lawyer will:
- Thoroughly investigate the crash
- Identify all liable parties
- Consult with accident reconstruction and medical experts
- Prepare a strong demand package
- Negotiate hard with insurers
- Litigate when necessary
DeKeyzer Law prepares every case for trial, which maximizes our settlement negotiations and ensures you have a lawyer ready for any challenge.
Frequently Asked Questions
How long do I have to file a motorcycle accident claim in Texas?
In Texas, there is a two-year statute of limitations for personal injury lawsuits. If you miss the deadline, you are barred from seeking compensation.
What if the other driver does not accept fault?
Liability can usually be established through evidence such as police reports, witness statements, traffic camera footage, and expert testimony. A reasonable attorney will build a solid case even if the other party denies fault.
Does Texas law require helmets for motorcyclists?
Yes, riders under 21 must wear helmets. Riders over 21 may legally refuse to wear one if they carry the additional minimum insurance. Helmet use will not impact your eligibility for compensation.
Can I recover damages if I was partially at fault?
Yes. In Texas, you can still recover damages if your share of the fault is less than or equal to 50 percent. Your recovery will be reduced in proportion to your percentage of fault.
What if the insurance company wants to settle quickly?
Do not accept an early settlement offer before speaking with an experienced motorcycle accident attorney. Early offers are typically much lower than the value of your case.
Trusted Legal Help After a Pearland Motorcycle Accident
If you were injured in a motorcycle accident in Pearland, you do not have to go through the legal process alone. The right legal team can make a real difference in your recovery and your future.
Contact a seasoned Pearland motorcycle accident lawyer at DeKeyzer Law. We will review your case, outline your legal options, and aggressively pursue the compensation you need for your recovery. Your initial consultation is free, and you pay no attorney’s fees unless we win your case.