Texas – November 27, 2020

Motorcyclists are more susceptible to accidents arising out of bad roadway conditions, as well as negative interactions with other drivers, resulting in a death rate 28 times higher than passenger vehicle drivers according to the National Highway Traffic and Safety Administration.  Traffic-related fatalities disproportionately represent motorcyclists who account for 14% of all traffic-related fatalities.  Skilled personal injury attorneys in Tyler may be necessary to initiate legal action when wrongful death, or catastrophic injury occurs in a motorcycle accident.

Catastrophic injuries.

When motorcycle accidents occur, victims are often left to deal with significant injury and a loss as to what their future will hold.  Many injuries can be catastrophic, varying by severity, including:

  • Traumatic brain injuries
  • Friction burns (also referred to as road rash)
  • Spinal cord damage
  • Broken bones
  • Lacerations
  • Bruises

A Texas motorcycle accident attorney can work with medical professionals, and other experts to determine causes and damage valuations when catastrophic injury will last a lifetime. Despite the advances in roadway engineering and motorcycle design, crashes increase the burden on America’s health care system and leave individuals with extreme physical, mental and financial hurdles to overcome.

Damages.

 Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages.  A Texas accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation.  Economic losses include lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic loss includes pain and suffering, loss of consortium, or companionship.

Exemplary (punitive) damages are meant to punish the individual who caused harm, or injury and loss to the victim, and are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired. Texas law limits punitive damages to two times the amount of actual damages up to $750,000 in total damages, or $200,000.It is best to speak with a personal injury attorney in Tyler Texas about case specifics.

Negligence.

A personal injury attorney will need to prove negligence for a successful settlement, supported by a degree of fault exhibited by accident parties causing fatal, or catastrophic injury to a motorcyclist.  Experienced Texas attorneys can offer motorcycle accident victims, and their families competent legal counsel with valuable resources to support a personal injury, or wrongful death case.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, and survivor’s benefits when someone is killed in a motorcycle accident.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13507-motorcycle_safety_plan_050919_v8-tag.pdf