Best Motorcycle Accident Lawyers El Paso, TX Of 2024 – Forbes

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The Texas Department of Transportation reports that motorcycle fatalities are on the rise. Five hundred sixty-two motorcycle riders lost their lives in motor vehicle crashes in 2022, up 8% from 2021. Even non-fatal crashes are significantly more serious for motorcyclists, who are nearly four times more likely to be injured and 28 times more likely to be killed in a crash than car or truck occupants.

If you have been seriously injured or suffered the loss of a loved one near El Paso, TX, a motorcycle accident lawyer is the best advocate you can have. They can help you understand your rights, obtain the treatment you need and pursue every avenue to recover what you deserve for your injury or tragic loss.

Texas Statute of Limitations

A statute of limitations is the amount of time you have to file a legal action after an accident or occurrence. These differ from state to state and depend on the nature of the actions. In Texas, the statute of limitations for a personal injury lawsuit based on negligence is two years from when the accident occurred.

You should contact an attorney as soon as possible after an accident or injury. A great lawyer will not only help you file a lawsuit but will be your partner, advocate and ally along your journey to recovery.

Texas Laws for Motorcycle Riders

Under Texas law, a vehicle with an engine that exceeds 50 ccs is considered a motorcycle. In addition to following the generally applicable rules of the road, motorcycle riders must comply with some specialized requirements.

  • Registration. Motorcycles must be registered through the County Tax Assessor-Collector in their county and display a valid and visible registration sticker on their rear license plate.
  • Inspection. Motorcycles must pass a yearly inspection at an Official Motor Vehicle Inspection Station and display a sticker on the windshield
  • License. All motorcycle riders must have a valid Texas class M license. To obtain this authorization, you must take a motorcycle safety class. Minors between 15 and 17 have additional requirements..
  • Insurance. Motorcycles must carry at least the state minimum liability insurance coverage.
  • Helmets. Texas requires riders and passengers under the age of 21 to wear helmets. Riders over 21 may opt out of wearing a helmet if they complete a DMV-approved Motorcycle Operating Training Course or obtain at least $10,000 in medical insurance.
  • Passengers. No one under the age of five years may ride as a passenger on a motorcycle. Passengers can only ride if the bike has a permanent passenger seat.
  • Lane Splitting. Riding between lanes of traffic, sometimes called “lane splitting,” is prohibited in Texas. It is also unlawful to ride directly next to another motorcycle. However, sharing a lane in a staggered formation is legal and can help improve visibility.

Identifying Fault for a Motorcycle Crash

More than one person’s actions or inactions often contribute to causing a crash. Driving drunk, speeding and failing to yield the right of way are examples of driver negligence that could result in a collision. A product liability issue such as faulty brakes or a dangerous design could be partly or entirely responsible. Uncontrollable factors such as lightning, wildlife or flash flooding can also play a role.

Determining liability or legal “fault” can be challenging. The law allows multiple parties to be held liable in the proportionate amount of their responsibility. For example, liability for an accident may attach to:

  1. a driver of an oncoming car
  2. the manufacturer of a defective tire and
  3. a business owner that failed to keep its driveway in a safe condition.

If a motorcycle rider isn’t wearing a helmet, they may share some liability for the extent of their damages.

If a rider is found partially at fault for their own injury, they can still recover damages from other responsible parties. The amount they recover will be reduced proportionately by their share of liability. This is called “comparative negligence” and is the rule in Texas. However, if the judge or jury hearing the case decides the plaintiff is 50% or more at fault for their own injuries, they will not be able to recover anything.

How Can an Attorney Help You?

In El Paso, TX, the best motorcycle accident lawyers will help see your case through from start to finish. They can help you find and negotiate payment with medical providers, document your recovery journey and connect you with any long-term resources you will need. They can mostly eliminate harassing communications from insurance companies, debt collectors and creditors related to the accident.

The best motorcycle accident lawyers in El Paso, TX, also understand how to properly value a claim. Injured motorcycle riders often face many years of extensive medical treatment, rehabilitation and physical therapy. They may have scars or limitations—both mental and physical—that will never fully heal.

Experienced motorcycle accident lawyers know not to overlook expenses like the cost of obtaining additional child care assistance, hiring help to do housework and yardwork and installing modifications like ramps or stair lift chairs. They can properly calculate the real value of lost career opportunities, benefits and potential advancement.

In addition to these types of quantifiable economic costs, known as special damages, victims of motorcycle accidents often have significant general damages. This category includes abstract damages like pain and suffering, mental anguish and loss of opportunity. Spouses and children may also have claims for loss of consortium, which means the opportunity to enjoy a full and normal marital or parent-child relationship.

While you can file a lawsuit or pursue an insurance claim without an attorney, hiring an experienced Texas motorcycle lawyer has many advantages. Hiring an attorney provides you the peace of mind that your claim will be filed in a timely and correct manner. Their experience can help you understand the process and feel more empowered in your settlement decisions.

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