Motorcycle Accidents: Legal Challenges and Common Defenses You Should Know
Motorcycle accidents can be particularly dangerous due to the lack of protection offered by motorcycles compared to cars.
While the injuries sustained in these accidents can be severe, victims can also face numerous legal hurdles when pursuing a claim for compensation. It is essential to understand the legal challenges that can arise, as well as the common defenses that are often raised in motorcycle accident cases.
As a personal injury lawyer at Orihuela & Associates, PLLC, I have represented numerous clients who have been involved in motorcycle accidents. In this article, I will explain how Texas traffic law applies to motorcycle accidents, what challenges riders face when pursuing compensation, and how to effectively handle the defenses that may be used against you.
Common Causes of Motorcycle Accidents
Motorcycle accidents, like all traffic accidents, can be caused by a wide range of factors. Understanding these causes is critical for both accident victims and legal professionals who are tasked with pursuing claims on behalf of victims. Some of the most common causes of motorcycle accidents include:
Driver negligence: The leading cause of motorcycle accidents is negligence by other drivers. These accidents can happen when a car or truck driver fails to see the motorcyclist, makes a left-hand turn in front of them, or improperly changes lanes.
Often, drivers simply do not notice motorcycles because they are smaller and less visible than other vehicles on the road.
Speeding: Motorcyclists are particularly vulnerable to high speeds. Whether a rider is speeding or another driver is, speeding significantly increases the chances of a serious or fatal accident. In Texas, speeding violations fall under traffic law and can be crucial to proving liability in motorcycle accident cases.
Road hazards: Motorcycles are more susceptible to road hazards such as potholes, uneven pavement, debris, and oil slicks. These hazards are often overlooked in typical car accident cases, but they can cause a motorcycle to lose traction and lead to serious crashes.
Inexperience: Inexperienced riders may be more likely to make mistakes, whether it's improper handling of the bike or misjudging a turn. Motorcycle safety courses are vital, and the lack of experience can sometimes be a contributing factor in accidents.
Weather conditions: Weather can play a significant role in motorcycle accidents. Rain, fog, and wind can reduce visibility and road traction, increasing the risk of an accident. Motorcyclists are particularly at risk in poor weather conditions, as their vehicles are more difficult to control in these circumstances.
Legal Challenges in Motorcycle Accident Claims
Motorcycle accidents present unique legal challenges for victims pursuing compensation. While some of these challenges are inherent to the nature of the accident, others arise from stereotypes and biases that often influence how motorcycle accidents are perceived by insurance companies, juries, and even the legal system.
As a traffic law lawyer, I work hard to address and overcome these challenges to secure justice for my clients.
Stereotypes Against Motorcyclists
One of the most significant challenges in motorcycle accident claims is the stereotype that motorcyclists are reckless or irresponsible.
Many people associate motorcyclists with dangerous riding habits, which can lead to bias against riders in both legal proceedings and insurance claims. This bias can result in less favorable outcomes for motorcyclists, even if they were not at fault for the accident.
Contributory Negligence
Texas follows a comparative fault system when it comes to traffic accidents, which means that even if you are partially responsible for the accident, you can still recover compensation, as long as your percentage of fault is less than 51%.
However, if the defendant can show that the motorcyclist contributed to the crash, the compensation awarded can be reduced. Common defenses such as speeding, failing to wear a helmet, or weaving between lanes are often used to argue that the motorcyclist contributed to the accident.
In such cases, it is crucial to gather evidence to counter these claims and show that the defendant’s negligence was the primary cause of the accident.
Difficulty in Proving the Other Driver’s Fault
In many motorcycle accident cases, the driver of the car or truck involved may argue that the motorcyclist was at fault for the crash. Some of the most common defenses in motorcycle accident cases include claims that the motorcyclist was speeding, made an unsafe lane change, or failed to signal.
These claims often come up when the accident occurred at high speed or when the motorcycle was riding between lanes. As a lawyer, I must carefully examine the evidence, such as accident reports, witness statements, and video footage, to prove that the driver of the other vehicle was the primary cause of the accident.
Insurance Issues
Motorcycle accidents are often contested by insurance companies, which are known for attempting to minimize payouts in personal injury cases. Some insurers will try to argue that the motorcyclist was partially or fully at fault, while others may claim that the rider was not as injured as they claim.
The settlement process can be lengthy, and insurance companies often work hard to reduce the amount they are willing to pay. As a traffic law lawyer, I am committed to fighting for my clients and making sure they are not taken advantage of by insurance companies.
Common Defenses in Motorcycle Accident Cases
As I mentioned earlier, motorcycle accidents can result in a variety of legal defenses, and understanding these defenses is essential for both motorcyclists and legal professionals. In Texas, there are several common defenses that may be raised in motorcycle accident cases.
The Motorcyclist Was Speeding
One of the most common defenses used by defendants in motorcycle accident cases is that the motorcyclist was speeding. Texas traffic law stipulates that drivers must obey posted speed limits, but there are often accusations that motorcyclists were driving too fast for the conditions or exceeding the speed limit.
In order to counter this, I work with accident reconstruction experts to establish the motorcyclist’s speed at the time of the crash, as well as to demonstrate how the defendant’s actions contributed to the accident.
The Motorcyclist Was Not Wearing a Helmet
In Texas, it is not a requirement for riders over the age of 21 to wear a helmet unless they are riding on a learner’s permit. However, failing to wear a helmet can sometimes be used as a defense to argue that the motorcyclist contributed to their injuries, particularly in head injury cases.
While the lack of a helmet may affect the severity of the injuries, it does not necessarily mean that the motorcyclist was at fault for the accident itself. I make sure to explain this to the court and to the insurance company, emphasizing that the defendant’s negligence caused the crash, regardless of helmet use.
The Motorcyclist Was Not Following Traffic Laws
Another common defense is that the motorcyclist was not following traffic laws, such as making an illegal lane change, riding between lanes, or failing to signal. These actions are often viewed as more dangerous on a motorcycle than in a car.
However, I work to demonstrate that even if the motorcyclist did make a traffic violation, it was not the proximate cause of the accident. The other driver’s actions, such as failing to check their blind spot or running a red light, may have been the primary cause of the crash.
The Motorcycle Was Defective
In some cases, the defendant may argue that the motorcycle itself was defective or malfunctioned, leading to the accident. While this is a legitimate issue in some accidents, I investigated thoroughly to determine whether the motorcycle’s condition was a contributing factor.
If the motorcycle’s defect or malfunction was not the cause of the crash, I work to hold the negligent driver responsible for the accident through traffic law.
How to Protect Your Legal Rights After a Motorcycle Accident
After a motorcycle accident, it is important to take certain steps to protect your legal rights and confirm that you have the best possible chance of securing compensation. Here are some steps I recommend to clients after an accident:
Seek medical attention: Even if you feel fine, it is essential to see a doctor after a motorcycle accident. Injuries may not always be immediately apparent, and having a medical record that links your injuries to the accident can be crucial for your case.
Report the accident: Always report the accident to law enforcement. A police report provides valuable documentation of the accident, including who was at fault and any evidence of traffic violations.
Document the scene: If you are physically able, take photos of the accident scene, your injuries, and any damage to your motorcycle. This evidence can be vital in proving your case.
Contact an attorney: Motorcycle accident cases can be legally challenging, and having an experienced personal injury lawyer on your side can help confirm that your rights are protected and that you receive the compensation you deserve.
The First Steps
As a personal injury lawyer at Orihuela & Associates, PLLC, I understand traffic law and the common defenses that are raised in motorcycle accident cases.
I’m proud to serve Webster, Texas, and the surrounding areas of Houston, Clear Lake, Friendswood, League City, Alvin, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe. Call today.