Houston Motorcycle Accident Lawyers
Motorcycle Accidents in Texas
Although any motor vehicle accident can result in serious injuries or deaths, motorcycle accidents tend to be particularly catastrophic. According to 2019 data from the National Highway Traffic Safety Administration (NHTSA), motorcyclists were 4 times more likely to be injured and almost 30 times more likely to die in motor vehicle collisions than occupants of passenger vehicles.
If you or someone you love was involved in a motorcycle accident in Houston or the surrounding areas, you could be entitled to financial compensation—and The Shellist Law Firm, PLLC can help. Led by renowned founding attorney, Steven Shellist, our experienced trial lawyers are prepared to aggressively advocate for you. We understand just how devastating motorcycle accidents are, which is why we tirelessly pursue maximum compensation for victims and their families.
What Is the Most Common Cause of Motorcycle Accidents?
The most common cause of motorcycle accidents is negligence. In some cases, motorcyclists themselves are careless, but far more often, it is the drivers of other vehicles who negligently cause motorcycle crashes.
Some examples of motorist negligence that frequently leads to motorcycle accidents include:
- Driving too fast for current conditions
- Driving while intoxicated/drunk
- Distracted driving
- Texting while driving
- Fatigued driving
- Reckless or aggressive driving
- Unsafe or illegal turns
- Unlawful passing
- Running red lights, stop signs, etc.
- Failing to check vehicle blind spots
- Failing to yield the right of way
Motorcycle accidents can also result from factors unrelated to motorist negligence. Defective roadways containing blind curves or dangerous speed limits, poorly maintained highways with potholes, and generally poor driving conditions such as inclement weather or nighttime driving, which lead to reduced visibility, all put motorcyclists at risk.
Who Is Liable for a Motorcycle Accident in Texas?
Texas follows a traditional fault-based system when it comes to motor vehicle accidents. This means that, after a motorcycle accident, the injured biker (or their family members) must prove that the other person or party was at fault and, therefore, liable for their damages. This can be difficult to prove, particularly when the other driver argues that they were not at fault or when the insurance adjuster finds that both parties were partly to blame.
Under the state’s modified comparative negligence rule, an injured biker may file a claim and receive compensation for damages if they were partly at fault for the crash. However, they must be less than 51 percent at fault. Additionally, the amount they can receive in compensation will be reduced by their at-fault percentage. For example, if the insurance adjuster and/or court finds the motorcyclist 25 percent to blame, and the motorcyclist is seeking $100,000 in damages, they would only be entitled to recover up to 75 percent of that amount, or $75,000.
Do You Have to Wear a Motorcycle Helmet in Texas?
You are required to wear a motorcycle helmet while riding a motorcycle in Texas. However, there are exceptions to this law. If you are 21 years of age or older and have completed an approved safety course, or you can prove you have at least $10,000 in insurance coverage to cover injuries from a motorcycle accident. Anyone under the age of 21 must wear a helmet at all time while riding a motorcycle.
Regardless of whether or not you have to wear a helmet, the simple fact is that motorcycle helmets have been proven to save lives. You are at a much greater risk of suffering an injury if you choose to not wear a helmet.
Types of Damages in Motorcycle Accident Claims
Motorcycle accident victims tend to suffer catastrophic injuries, including head injuries and spinal cord injuries. As a result, they often require extensive medical treatment and may even need ongoing or lifelong care. The cost of treating these injuries—coupled with lost income from weeks, months, or even years off work—can be an incredible burden for accident victims and their families.
At The Shellist Law Firm, PLLC, our Houston motorcycle accident lawyers understand the challenges you are facing, and we are committed to helping you fight for the full, fair compensation you are owed.
We seek maximum recovery for our motorcycle accident clients, including compensation for the following damages:
- Past, current, and future medical expenses
- Past, current, and future lost income/wages
- Past, current, and future pain and suffering
- Loss of earning ability/potential
- Diminished quality/enjoyment of life
- In-home assistance and care costs
- Miscellaneous out-of-pocket expenses
We also represent families and surviving loved ones in wrongful death cases, helping them seek compensation for:
- Medical expenses
- Funeral/burial costs
- Lost earning capacity
- Loss of expected inheritance
- Mental pain and anguish
- Loss of maintenance, services, and support
- Loss of care, advice, and counsel
- Loss of love, companionship, society, and comfort
No matter how complex or difficult your case may be, you can rely on our team to stand by your side and advocate for your rights. We are widely recognized as leaders in the local legal community and are committed to doing everything possible to achieve the best possible outcome on your behalf.
Contact Our Motorcycle Accident Attorneys Today
At The Shellist Law Firm, PLLC, we bring 20 years of real trial experience to our practice of law. We are known for our tough approach to litigation, as well as our innovative and collaborative methods of developing legal strategies on behalf of our clients. We make it our mission to provide every client with a high level of personal attention and one-on-one attorney support throughout the legal process. As a client, you will always receive the care and respect you deserve.
After a serious motorcycle accident, you need serious legal representation. You need The Shellist Law Firm, PLLC. Reach out to our team today to learn how we can help you with your case. Don’t wait until it’s too late! You typically have just two years from the date of the accident to file your lawsuit.
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Practicing Law for Two DecadesHaving practiced law for 20 years, you can be confident attorney Steve Shellist can successfully handle your case.
Extensive Trial ExperienceAs a former chief prosecutor, Mr. Shellist knows how to present a compelling case in front of a jury.
Highly Personalized RepresentationAt Shellist Law, we believe every case requires tailored representation in order to achieve the best possible outcome for the client.
Legal Analyst on ABC-13Over the years, Mr. Shellist has been called on by ABC-13 News to share his expertise on many newsworthy cases.