Best Motorcycle Accident Lawyers Austin, TX Of 2024 – Forbes

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While being a fun and affordable mode of transportation, motorcycles can leave you exposed to injuries that can be avoided in other vehicles. This additional need for safety for motorcycle riders is not overlooked by the Texas legislator. There are many laws motorcycle drivers have to follow above and beyond general traffic rules.

These laws do help most of the time, but accidents still happen. An experienced motorcycle accident lawyer in Austin can help you better understand your rights and duties if you are ever in a motorcycle accident. Here is a brief guide to the things you should know as a motorcycle rider.

Texas Statute of Limitations

The statute of limitation is the duration of time within which you can file a lawsuit against the defendants. In Texas, the statute of limitation for personal injury cases is two years from the day you incurred the injury. This means the clock in a motorcycle accident case starts ticking from the day of the accident.

However, if a person dies as a result of their injuries in a motorcycle accident, the statute of limitation starts from the date of the death instead.

The very few exceptions to the statute of limitation include cases where one of the defendants is a government agency. If you want to sue the government of Texas, you must send a notice of your claim to the agency within six months from the date of the accident. But some cities and municipalities have further reduced this time period. In Austin, you are required to file a claim against the city within 45 days.

The government could become a party in your lawsuit if your accident was caused by faulty road constructions.

Texas Laws for Motorcycle Drivers

  • Licensing Requirement. You require a Class M driver’s license to ride a motorcycle in Texas. To qualify for a Class M, you need to complete an approved motorcycle safety course. But if you already have a motorcycle license from another state, this requirement will be waived.
  • Lane-Splitting. Lane splitting is illegal in Texas and can lead to a reckless driving fine. While driving a motorcycle, you are required to drive within a single lane. You are allowed to change lanes when it is safe to do so but never drive between them.
  • Helmet Laws. You are required by law to wear protective headgear while riding a motorcycle. You can, however, be exempted from this requirement if you are above the age of 21 and have finished the approved motorcycle safety course or have an insurance plan to cover medical expenses in case of an accident.
  • Insurance Requirements. You must have valid insurance for your motorcycle to prove financial responsibility in case there is an accident. Your insurance should provide a minimum coverage of $30,000 per injured person, $60,000 per accident and $25,000 for property damage per accident.
  • Permitted Passengers. A motorcycle rider is not allowed to carry a passenger under the age of five years. A passenger is only allowed on a motorcycle that is designed to carry more than one person and is equipped with proper footrests and handholds for the passenger.

Identifying Fault for a Motorcycle Crash

Texas is an at-fault state, meaning the party responsible for causing the accident is required to pay for damages. As the injured party, you are required to prove the fault of the other party to receive fair compensation. You, along with the help of your Austin motorcycle accident attorney, can collect evidence and witness testimony to build a strong case.

But you will also need to make sure that you were not primarily at fault for causing the accident. Texas follows the modified comparative negligence theory which provides that the claim amount is reduced by the percentage of the injured party’s negligence in causing the accident.

This means if you were 30% at fault for causing the crash, your compensation amount will be 70% of the original claim. But if the accident was caused primarily by your own negligence (more than 50%), you are not eligible to receive any compensation at all.

How Can an Attorney Help You?

It is generally advisable to get a lawyer’s assistance in motorcycle cases mostly because of the inherent biases against motorcyclists. As soon as you contact them, your attorney can help you determine the party at fault and gather evidence against them.

They will handle filing a motorcycle accident lawsuit or insurance claim while you recover from the accident. They will make sure you don’t miss the statute of limitation and will prepare your case, so it is ready to go to trial, if it comes to that.

Your lawyer may hire other professionals and experts to make your case stronger and help you figure out the appropriate claim amount. Having an experienced motorcycle accident lawyer in Austin by your side will make sure the insurance company doesn’t take you for granted and understands that you are ready to fight for what you deserve.

Your lawyer will fill out all the paperwork, negotiate with the appropriate parties and gather the testimony you will need to prove the negligence of the party at fault.

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