a car caused a motorcycle accident in Texas

Need an Attorney after a Motorcycle Crash in Midland?

If you've been involved in a motorcycle accident in Midland, TX, you understand the unique risks and challenges riders face on the road. In these moments, you need to have a knowledgeable Midland motorcycle accident lawyer by your side. At Braker White, we have over 60 years of combined experience advocating for motorcycle riders throughout the Permian Basin, understanding the intricacies of these cases and the importance of dedicated representation.

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Motorcycle accidents in Texas are alarmingly common, and the state’s statistics paint a sobering picture of the risks involved. According to the Texas Department of Transportation, in 2022, Texas saw 2,422 serious injuries involving motorcyclists and 562 motorcyclist fatalities – a number that has unfortunately been rising since at least 2019. Approximately 39% of the motorcyclists killed in 2022 were not wearing helmets. Motorcyclists account for 12% of all traffic fatalities statewide.

At Braker White, we recognize the trauma that comes with motorcycle accidents. The vulnerability of riders often leads to severe injuries, and the psychological impact can be profound. Many of our clients tell us about the intense physical pain and the emotional toll of their accidents, with some finding it difficult to ever ride again. Our team empathizes deeply with this plight and is committed to supporting you through this challenging time. We will work diligently to prove your case, seeking the highest possible compensation so you can focus on healing and, when you’re ready, hopefully returning to the road.

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Getting Help Is Fast and Easy.

All you need to do is contact us and we will handle for you, so you can focus on recovering.

You Deserve to Be Paid.

You weren’t responsible, so you shouldn’t have to pay. Our Midland personal injury attorneys will fight to recover the maximum compensation possible.

No Fee Unless You Win.

You don’t need to worry about any costly attorney fees to get the legal help you need. That’s why you won’t owe us a dime unless we win for you.

How Can a Motorcycle Injury Attorney from Braker White Help?

A motorcycle injury attorney from Braker White can be a valuable asset in your recovery process. Our legal team understands the unique aspects of motorcycle accident claims. We provide comprehensive support, including gathering evidence, negotiating with insurance companies, and advocating for your rights in court if necessary. Our goal is to alleviate the legal burden so you can concentrate on your recovery.

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Put An Award Winning Lawyer On Your Side!

Common Types of Injuries Caused by a Motorcycle Wreck

Motorcycle wrecks, given the lack of protective barriers compared to other vehicles, often result in life-threatening injuries.

  • Traumatic brain injury (TBI): A common injury, even when helmets are used. TBIs can range from mild concussions with temporary symptoms to severe brain damage causing long-term cognitive and physical impairments. The recovery from such injuries can be prolonged and may require extensive rehabilitation, and in some cases, victims may never fully regain their pre-accident health. If you’re in need of a Midland brain injury lawyer, contact Braker White today.
  • Road Rash: A frequent injury in motorcycle accidents, occurring when a rider’s skin scrapes against the road surface. Road rash can be quite severe, leading to infections, nerve damage, and, in extreme cases, requiring skin grafts to heal properly. The severity of road rash often depends on the gear the rider was wearing and the speed at which the accident occurred.
  • Bone Fractures: The force of the impact can easily break bones, particularly in the arms, legs, and ribs. These fractures can range from simple breaks that heal with time and rest to more complex fractures requiring surgical intervention. Recovery times vary, and some victims may experience long-term complications such as reduced mobility or chronic pain.
  • Spinal Cord Injuries: These injuries are particularly devastating. Depending on the location and severity of the injury, victims may experience partial or complete paralysis, loss of sensation, and other serious complications. These injuries can dramatically alter a person’s life, often requiring lifelong care, adaptive equipment, and significant accessibility modifications.
  • Internal Injuries: The impact of a motorcycle crash can cause internal bleeding and damage to organs. These types of injuries are especially dangerous because they may not be immediately apparent yet can be life-threatening if not treated quickly.

In addition to these physical injuries, victims of motorcycle accidents often experience significant psychological trauma. The shock and stress of the accident can lead to anxiety, depression, and even post-traumatic stress disorder (PTSD). These mental health effects can be as debilitating as physical injuries and may require long-term psychological treatment such as counseling or medications.

Texas Motorcycle Laws

Texas has a comprehensive set of laws governing motorcycle use aimed at ensuring the safety of riders and other road users. The key laws include:

  • Helmet Law: In Texas, all motorcycle riders and passengers under the age of 21 are required to wear a helmet. Riders aged 21 and over can opt out of wearing a helmet if they have completed a motorcycle safety course or possess adequate health insurance coverage. The helmet law is crucial in accident claims, especially in cases involving head injuries, as helmet use can influence the assessment of damages​​​​.
  • Eye Protection and Headlight Usage: Texas law mandates that all riders must use eye protection while riding unless the motorcycle is equipped with a windscreen. Additionally, motorcycles must have their headlights on at all times while in operation, enhancing visibility and safety​​.
  • Equipment Requirements: The state requires motorcycles to be equipped with specific features, including wheel assembly, exhaust system, tail lamp, stop lamp, license plate lamp, rear red reflector, headlamp, vehicle identification number (VIN), horn, mirror, steering, brakes, and tires. These requirements ensure that motorcycles are in safe working condition, reducing the risk of accidents due to equipment failure​​.
  • Lane Splitting: Texas law prohibits lane splitting, which involves riding between lanes of stopped or slow-moving traffic. This regulation is intended to prevent accidents caused by sudden lane changes or reduced space between vehicles​​​​.
  • Insurance Requirements: All motorcycles operated in Texas must have liability insurance with minimum coverage levels. This includes $30,000 for bodily injury to one person, $60,000 for bodily injury per occurrence involving two or more people, and $25,000 for property damage per occurrence​​.
  • Passenger Regulations: There are specific rules regarding passengers on motorcycles. A passenger must be at least five years old, and as stated before those under 21 must wear a helmet. Additionally, the motorcycle must be equipped with a permanent passenger seat to legally carry a passenger​​.
  • Alcohol and Intoxication Laws: Similar to operating any motor vehicle, it is illegal for a rider to operate a motorcycle while intoxicated by drugs or alcohol. The legal blood alcohol concentration (BAC) limit is 0.08 percent. For minors, Texas has a zero-tolerance policy, making it illegal for them to operate a motorcycle with any detectable amount of alcohol in their system​​.
  • Licensing Requirements: To operate a motorcycle on public highways in Texas, an individual must hold a valid motorcycle license (Class M driver’s license). This includes passing a written test covering motorcycle-specific traffic laws and a road test. The road test requirement may be waived for those who have completed an approved motorcycle operator training course​​.

Recover Compensation for Your Injuries and Property Damage

After a motorcycle accident, you may be entitled to several forms of compensation. This includes not only medical expenses and property damage but also other damages such as lost wages and pain and suffering. In cases of wrongful death, additional costs like funeral expenses and loss of consortium can be claimed. Specific examples of damages in motorcycle accidents might include emergency medical treatment, rehabilitation costs, repair or replacement of your motorcycle, and compensation for permanent disability or disfigurement.

Economic Damages

Economic damages in a motorcycle accident claim cover measurable losses such as medical bills, lost income, and property damage. These are calculable costs resulting directly from the accident and can include both current and anticipated future expenses.

Non-Economic Damages

Non-economic damages address the less tangible impacts of an accident, such as pain and suffering, emotional trauma, and reduced quality of life. These damages recognize the broader effects of the accident on your life and well-being.

What If I Was Partially Liable?

Under Texas’s modified comparative negligence doctrine, you can still recover damages in a motorcycle accident even if you were partially at fault. However, your compensation may be reduced by your percentage of fault.

For example, if your total compensation is $100,000, but you are determined to be 10% at fault for the accident, the total compensation you receive would be $90,000. This is because 10% of $100,000 is $10,000, which is then subtracted from the total.

Our Results Speak For Themselves

$274,249.00

Auto Accident

Neck Injury

$108,512.00

Auto Accident

Knee Surgery

$413,860.00

Big Truck Accident

Cervical Surgery

$1,003,554.00

Big Truck Accident

Neck and Back Surgery

$1,129,236.00

Auto Accident

Cervical Surgery

$271,277.00

Auto Accident

Fractured Wrist and Ankle

$298,177.00

Auto Accident

Hernia Repair

$579,985.00

Auto Accident

Neck Surgery

$125,048.00

Auto Accident

Back and Shoulder Pain

$181,967.00

Auto Accident

Eye Injury

The Process of Filing a Motorcycle Accident Claim

Filing a motorcycle accident claim involves several steps, including understanding the statute of limitations, which in Texas is two years from the date of the accident. Our attorneys will guide you through the process, from filing the claim to settlement or trial, ensuring all legal requirements are met and maximizing your chances of a favorable outcome.

Preparing to File a Claim

  1. Seek medical attention. Your health is the top priority. Even if injuries seem minor, it’s important to get a medical evaluation as some injuries may not be immediately apparent.
  2. Report the accident. File a police report as soon as possible. This report is a vital piece of evidence for your claim as it provides an official account of the accident.
  3. Document everything. Collect as much evidence and information as you can from the accident scene. Take photos of the damage, the surroundings, and any injuries. Gather contact information from the other party involved and any witnesses.

Filing a Personal Injury Claim

  1. Contact a motorcycle accident attorney. Consult with an attorney who specializes in motorcycle accidents. They can offer professional advice and will guide you through the complex legal process.
  2. Notify your insurance company. Report the accident to your insurance company. Be factual, but avoid making any statements that could be interpreted as an admission of fault.
  3. Gather evidence. Your attorney will help gather further evidence through an investigation. This evidence may include medical records, employment records for lost wages, expert and witness testimonials, and more.
  4. File the claim. Your attorney will file a claim on your behalf. This includes drafting and submitting all necessary documentation to the insurance company or court.
  5. Settlement negotiations. Your attorney will negotiate with the insurance company for a fair settlement. This process can take time and may involve several rounds of negotiation.
  6. Settlement or trial. Most claims are settled outside of court. However, if a settlement agreement is unable to be reached through negotiation, your attorney will prepare to take your case to trial.
  7. Resolution. Once a settlement is reached or a court decision is made, your attorney will help you understand the terms and assist with any final legal or financial arrangements.

Get No-Risk Legal Advice From a Midland Motorcycle Accident Lawyer Today

At Braker White, we offer no-risk legal consultations for motorcycle accident victims in Midland. Contact us to discuss your case and learn how we can help you navigate this challenging time. Our team is dedicated to providing expert legal advice and representation, ensuring your rights are protected and you receive the compensation you deserve.

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Midland Motorcycle Accident FAQs

The value of your case will depend on various factors, including the severity of your injuries, medical expenses, lost wages from inability to work, potential loss of future earnings due to permanent disability, and the overall impact the injury has had on your life. 

At Braker White, we meticulously assess every aspect of your case to ensure you receive the fullest compensation possible. Our dedicated team handles the details, allowing you to concentrate on your recovery. Contact us today to start the process; we’re ready to advocate on your behalf.

In Texas, if you are 21 or older, wearing a helmet is not a legal requirement. Regardless of helmet use, you’re still entitled to seek damages from the party responsible for your accident. The fault lies in their actions, not in your choice to ride without a helmet.

Each case is unique, so it’s challenging to predict a specific timeline for a fair settlement. Nevertheless, at Braker White, we are committed to working swiftly and effectively on your behalf. Our goal is to expedite the resolution of your case, helping you return to your pre-accident life as quickly as possible.

If you’ve suffered an injury due to someone else’s actions, you deserve a legal team committed to securing every bit of compensation you’re owed. While you are not required to hire an attorney, it provides a major advantage when pursuing compensation.

We understand financial concerns around hiring an attorney – especially when new expenses like medical bills and motorcycle repair or replacement start to stack up. That’s why we operate solely on a contingency-fee basis, meaning you don’t pay us anything unless we successfully win compensation for you. There are no initial fees, hidden charges, or retainers involved. We offer a free case review and provide legal advice on the best course of action, all at no cost to you.