Representing Motorcyclists Injured by the Negligence of Others
In 2007 in the United States, motorcycle accidents accounted for 103,000 injuries and 5,154 deaths of motorcyclists. Between 1997 and 2006, the number of registered motorcycles in the United States increased by 75%; however, from 1997 to 2007, motorcycle accident-related injuries and deaths increased by 94% and 144%, respectively. The National Highway Traffic Safety Administration (NHTSA) estimates that per mile traveled, motorcyclists are approximately 35 times more likely than passenger car occupants to die in a traffic accident. Motorcyclists are also far more likely than drivers and passengers in automobiles to suffer catastrophic injuries such as traumatic brain injury, spinal cord injury, traumatic amputation, multiple fractures, crush injuries, serious abrasions, and burns when an accident happens.
Statistics give you the numbers, but they can’t tell you the stories of the people involved: their daily struggles to survive and overcome their injuries, the pain they experience, the stress on them and their families, and the strain on their finances.
When you suffer an injury as a motorcyclist because of someone else’s negligence, it is important to learn what your rights are and what legal remedies may be available to you. Contact the experienced motorcycle accident attorneys at Ross Law Group, who know how to evaluate the legal liabilities of all of the parties involved and help you achieve the maximum recovery available from each liable party.
If you are the parent, spouse or family member of a person who has suffered a serious personal injury while motorcycling and can’t act for him or herself, you need to act quickly on their behalf. Valuable evidence can be lost or destroyed, or witnesses may forget important facts, if an investigation by your own counsel is delayed. Contact a Texas Personal Injury Lawyer for a consultation as soon as possible after a serious injury occurs.
The Hurt Study, published in 1981, was a ground-breaking report on the causes and effects of motorcycle accidents. It concluded that in two-thirds of motorcycle-automobile accidents, the driver of the other vehicle violated the motorcyclist’s right-of-way and caused the accident, and that the failure of automobile drivers to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents.
A 2007 NHTSA study of motorcycle-automobile accidents in which the motorcycle driver died concluded that 27 percent of the cyclists were speeding at the time of the crash compared to 4 percent of the passenger vehicle drivers, and that in nearly three-fourths of the crashes studied, the motorcycle was recorded as the striking vehicle. Without stating it outright, the study seemed to imply that the deceased cyclists were at fault in the vast majority of the accidents.
How could there be such a seemingly striking difference in the conclusions of two studies? Well, research has shown that up to 80% of drivers involved in traffic accidents believe someone else is at fault. In the NHTSA study, none of the motorcyclists were able to tell their sides of the stories.
The point is, proving liability is often easier said than done, and when accidents involve motorcycles, it is often assumed that the motorcyclist is at fault. Investigating the circumstances under which the accident occurred and proving who was at fault is the most critical aspect of your motorcycle injury case. When there is a fight over liability, you need an experienced motorcycle accident lawyer on your side. Evaluation of police reports, witness statements, examination of the scene, the vehicles involved, and accident reconstruction are tools we can use to help prove your case.
Unlike a car, a motorcycle offers virtually no protection to its driver. Motorcyclists are vulnerable to severe injuries even in relatively low speed collisions.
Common catastrophic injuries caused by motorcycle accidents include:
Traumatic brain injuries, which can be classified as closed head injuries (due to a blow to the head or being struck by an object but in which the skull remains intact), or penetrating head injuries (in which an object fractures or penetrates the skull). Both closed and penetrating head injuries may be classified as diffuse, where there is damage to multiple microscopic areas of the brain, or focal, which is an injury limited to a specific part of the brain.
Traumatic brain injuries include Diffuse Axonal Injury, Hypoxic-Ischemic Injury, contusion, hemorrhage, stroke, and subdural, epidural, and subarachnoid hematoma. The part of the brain affected by the injury (brainstem, cerebellum, or the frontal, occipital, parietal, or temporal lobes) dictates the symptoms and disabilities the injured person may experience. Traumatic brain injuries can cause life-long disability in physical, cognitive, behavioral, and social function.
A motorcyclist can dramatically decrease his or her chance of sustaining a traumatic brain injury by wearing a helmet.
Spinal Cord Injuries can be divided into two main categories, complete and incomplete injuries. It is rare that a patient’s spinal cord is cut and severed. Complete SCI is caused by bruising, pressure on the spinal cord, and loss of blood to the cord. The damage is entire loss of movement and sensation below the level of the injury. Incomplete SCI does not result in complete loss of movement and sensation, but the injured person may have varying degrees of both.
The long-term effects of spinal cord injury can include loss of motor and sensory function and changes in bowel and bladder continence, pain levels, sexual function and desire, function of the gastrointestinal tract, ability to swallow, temperature and blood pressure regulation, and ability to breathe independently.
Traumatic amputation is the severing of fingers, hands, arms, feet, legs, or other body parts as a result of trauma. Such an amputation may be complete or partial and can result in severe blood loss and shock. The three most common forms of traumatic amputation are guillotine (relatively complete severing), crush, and avulsion (an injury to the bone in a place where a tendon or ligament attaches to the bone) injuries. Traumatic amputation can cause profuse bleeding and may lead to hypovolemic shock caused by a sudden loss of blood volume if not treated promptly.
Amputation can cause complications and long-term health effects such as infection, wound opening, death of skin at the amputation site, contractures (shortening of the muscles in the affected limb), failure to heal, phantom limb pain, prosthetic complication, weight gain, and depression.
Other Catastrophic Injuries such as multiple fractures, internal injuries, and burns that require significant medical treatment, and usually have a long-term or permanent effect on an injured person's life.
Despite the risk involved, motorcycles have a long and rich history in the United States, and those who ride them, love them. Gottleib Daimler is credited with building the first motorized bicycle - or motorcycle - in 1885, and eighteen years later, in 1903, the Harley-Davidson Motor Company was founded. By 1945, over 198,000 motorcycles were registered in the U.S. In 1953, the movie “The Wild One,” featuring a motorcycle-riding Marlon Brando, was released, and a patent for a protective helmet with an energy-absorbing liner separate from the comfort padding was issued to USC professor C. F. “Red” Lombard. In 1957, the Snell Memorial Foundation was established to create helmet performance standards. Throughout the 1950’s and 60’s the popularity of motorcycles continued to increase, and the number of registered motorcycles rose to over 1.5 million. Performance standards were enacted for motorcycles and helmets.
During the 1960’s, the motorcycle gang Hells Angels, founded in California, gained worldwide notoriety as menacing outlaws and thugs. 1969 saw the release of the film Easy Rider, featuring lead characters who used and dealt drugs, defied convention, and rode motorcycles. In the 1970’s, daredevil Evel Knievel became famous with his nationally televised motorcycle jumps, including his 1974 attempt to jump Snake River Canyon at Twin Falls, Idaho. Knievel scored four of the twenty most-watched ABC's Wide World of Sports events and broke 37 bones in his various motorcycle crashes. All of these contributed to the creation of a pervasive stereotype of motorcyclists as reckless, dangerous people who ignore the law, and may be one reason that even today, the general public is quick to believe that in a motorcycle-automobile accident, the motorcyclist is likely to be at fault.
By 1975, there were 4.5 million motorcycles registered in the U.S., but during the 1980’s, as the young adults of the 60’s and 70’s started families, settled down and raised their own kids, motorcycle sales waned. A resurgence in popularity that started in the 1990’s continues today. Motorcycles are more popular than ever and are more likely to be owned by women than ever before, according a Motorcycle Owner Survey conducted by MIC in 2005. The survey also found that:
- An estimated 24 million people in the U.S. rode a motorcycle at least once in 2003.
- The 34% rise in the number of motorcycles since 1998 translates to about 8.8 million motorcycles in use in the U.S.
- The ranks of female motorcycle owners are increasing. The proportion of motorcycles owned by women reached 9.6% in 2003, up from 6.4% in 1990.
- More than half of motorcycle owners are married. Additionally, the median household income of motorcycle owners is higher than that of the U.S. population as a whole. Also, more motorcyclists today have white-collar jobs.
- The median age of motorcycle riders is 42, up from 38 in 1998. Additionally, more riders today have college degrees--29% compared to 23% in 1998.
Few motorcyclists anticipate that they may be victims of catastrophic motorcycle accident injuries and, therefore, do not make plans for what to do if it happens. In addition to the shock, pain, and physical disability that come with such an injury, there is also usually an immediate financial impact for the victim and his or her family. The assistance of an attorney experienced in handling the cases of catastrophic injury victims can help prevent the financial devastation from lasting a lifetime. Contact Ross Law Group to consult with an experienced Austin, Texas motorcycle accident injury lawyer.
There are many reasons to contact an experienced Texas motorcycle accident attorney right away to represent you in a motorcycle accident case.
- First, it is likely that immediately following the accident you will begin to receive calls and letters from the liable party’s insurance carrier asking for recorded statements, authorizations for the release of your medical information, and other information. What you do and say at this critical time could affect the strength of your case. It is always better to have the advice of an attorney from the beginning.
- Second, the process of dealing with the physical and emotional trauma of a catastrophic injury is intense. Our strategy from day one is to focus on your case, so you can focus on your recovery.
- Third, there are Statutes of Limitations that apply to personal injury cases. If you wait too long to take action, you will lose any right you may have to recover from liable parties.
Damages are the costs for treatment of injuries, lost wages and other economic losses, and the monetary value of intangible harm such as pain and suffering. Under some circumstances, an injured person may be able to recover punitive, or exemplary, damages, which are intended to punish malicious or reckless behavior and to deter such conduct in the future.
Economic Damages are those that can be measured in dollars, such as:
- Medical expenses in the past
- Medical Expenses that are probable in the future
- Related expenses such as caregiving, special equipment, and special housing
- Lost wages in the past
- Lost wages and/or Loss of Earning Capacity that are probable in the future
- Attorney Fees (under some circumstances)
- Property Damage
Non-Economic Damages are those values that are not so readily assessed in dollars, such as:
- Disfigurement in the past and in the future
- Physical Pain and Suffering in the past and in the future
- Mental anguish in the past and in the future
- Punitive or exemplary damages
For every personal injury client, Ross Law Group provides a review of your earnings history for the past three years, with an emphasis on making sure that all wages due to you under the FLSA were paid. This provides essential information for proving your lost wages, and if we discover that you have been underpaid, we can assist you with a wage claim.
Many people are not aware of all of the avenues of recovery that may be available to them after an accident. Ross Law Group’s experienced Texas motorcycle accident attorneys will fully investigate the accident to determine every party that may have liability, the insurance and assets of each liable party, and the insurance benefits you may entitled to receive from your own insurance carrier. There may also be funds you can apply for through Victim Compensation programs. There may be avenues of recovery that you are unaware of or haven’t considered. Our goal is to make you aware of every type of compensation to which you may be entitled.
Another factor that is important in managing your legal case arising from an injury is the insurance that is involved. If your health insurance, or workers compensation insurance provided by your employer, has paid for medical treatment, the carrier usually has the right to demand reimbursement from your monetary recovery from the liable parties. If you have underinsured motorist coverage for protection in the event that the liable party’s insurance coverage is insufficient to compensate you for your damages, you may have to obtain the permission of your insurance carrier to settle with the liable party or lose your right to recover from your own insurance.
Medical providers may file liens for the costs incurred for medical care arising for treatment of the injury. An experienced personal injury attorney will help negotiate with the medical providers to try to reduce their charges and enable you to get the maximum benefit from your recovery.
Injured people often ask, “How much is the settlement in a motorcycle accident case?” Even the most experienced personal injury lawyer cannot give you an easy answer to that question. Many factors affect the settlement value of a personal injury case.
The practical answer is that your settlement in a personal injury case is dependant on the amount of money available from the party of parties who are liable for your injury and from your own insurance coverage. Within the total amounts that may exist from which to demand compensation, the settlement value of your case depends on your ability to prove liability, causation, and damages. Ross Law Group’s experienced Texas personal injury attorneys have the knowledge and skill to investigate, prepare, present, negotiate, and try your case to try to obtain the maximum recovery you are entitled to receive. When Defendants know that you have an experienced attorney who is ready to take your case to trial, they are usually more open to serious negotiations. Contact us today for a personal injury consultation.
If you are finding it emotionally difficult to deal with your injuries from a motorcycle accident injury, please seek help. It is normal for you to find it difficult to adjust to the changes in your body and your life, and anger and depression are common reactions. Counseling, and perhaps medication for depression, can help. Tell your doctor how you are feeling.
You can rely on Ross Law Group for effective representation and personal client service in all types of personal injury cases. To learn if we can be of assistance to you, please contact an Austin accident lawyer today for a consultation. You pay nothing unless we win compensation for you.
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DISCLAIMER: The information on this website is general in nature and does not constitute legal or medical advice. If you have a matter that has a deadline and requires an urgent response please call us immediately at 1-800-634-8042 or 512-474-7677. Please be aware that sending an instant message or e-mail and/or receipt of a response does not create an Attorney-Client relationship or constitute the formation of a contract. No obligation is created on the part of the sender or the recipient. A contract of representation can only be created by signature of an Attorney-Client Agreement.
