Injured or Lost a Loved One In A Motorcycle Accident?
Contact Joe Gagliardi, A Results-Driven Texas Trial Lawyer
If you or a close relative were operating a motorcycle on public roadways in Houston and suffered injury or fatality because of an automobile collision due to no fault of your own, you’ll need legal representation for the best chance of keeping your claim from being denied by the at-fault party’s insurer.
Insurance companies see motorcyclists as irresponsible risk takers who put themselves at risk by using a motorcycle for transportation in the first place. My brother is a motorcyclist, so I know that nothing could be further from the truth.
Using a motorcycle for transportation is fun, economical, and makes a lot of sense in a world of high gas prices and fast vehicle depreciation. Motorcyclists embody the sense freedom for which the open road is known. Being a motorcyclist isn’t a crime, and shouldn’t be a reason for an insurer to turn their back on their responsibilities to Texans injured while using their motorcycles safely and legally.
If you’re looking for a personal injury lawyer who knows the ins and outs of the law and the civil litigation process, contact me, I’m attorney Joe Gagliardi, at 713-224-6277. If you prefer to be discreet, send us a message via our secure contact form.
Texas Motorcycle Accidents: An Overview
Motorcyclist Fatality & Injury Statistics
According to the Texas Department of Transportation’s (TxDOT) Motorcyclist Fatality & Injury Report, there were 9,859 traffic accidents involving motorcycles in 2016 which led to 496 fatalities, 2008 incapacitating injuries, and 3620 non-incapacitating injuries. 3,965 of the injured bikers/passengers were not wearing their helmets.
The National Highway Transportation Safety Administration (NHTSA) reports that most motorcycle accidents involved a car or truck, and nearly 50% of the time the offending vehicle made a left turn into the motorcyclist’s right of way or was attempting to pass another vehicle and hit the motorcyclist as a result of negligence.
If you, a friend, or relative sustained injuries in an motorcycle accident after having your right of way violated by another vehicle, the The Gagliardi Law Firm, PLLC will pursue a righteous and just settlement for your claim. Don’t waste time. Call the law office immediately by dialing 713-224-6277.
Texas Law & Motorcycle Helmets
Motorcyclists over the age of 21 aren’t required to wear a helmet if they can prove they’ve successfully completed a motorcycle related training course or if they can prove they have health insurance coverage. Texas peace officers aren’t legally allowed to randomly stop bikers to check for compliance with the law.
Motorcycle Helmets & Insurance Claims
If a motorcyclist suffered a traumatic brain injury and was not wearing a helmet, it may result in difficulties securing the highest possible settlement from the insurer as they’ll likely take the position that the driver assumed unnecessary risk which resulted in the injury. However, if the operator of the motorcycle was not wearing a helmet, but the lack of a helmet would not have prevented an injury, it’s a non-factor. A perfect example of this situation is when a motorcyclist who isn’t wearing a helmet is injured in an auto collision but suffered no head injuries.
Understanding Motorcycle Accidents
It’s a no-brainer that people save thousands of dollars per year in maintenance and fuel by opting to use a motorcycle for transportation, but there are negatives. When a motorcycle is involved in a vehicle collision, the situation is almost always catastrophic.
A motorcycle operator or passenger has no protection when a wreck occurs and will likely be ejected from the bike and suffer serious or life-threatening injuries. Most of the time when a motorcycle accident occurs involving another vehicle it’s the fault of the driver of the truck or car. Although the motorcyclist might not be at fault, they’re at the highest risk for injury and unlike the drivers of traditional cars and trucks who are usually at fault in motorcycle wrecks, are largely shunned by insurers.
Common Causes of Motorcycle Involved Auto Collisions
The most common causes of auto accidents involving bikers derive from the negligence of the offending driver. In the list below, I’ve outlined the most common causes of motorcycle accidents which, if proven, can be the basis of securing a large financial settlement in your case.
- Aggressive drivers and speeding
- Poor highway conditions
- Vehicle defects such as broken tail-lights
- Fatigued or distracted drivers
- Debris & Obstacles
- Drivers who violated traffic laws
- Wrong-way drivers
- Running stop signs and traffic lights
- Drunk & Impaired Drivers
- Opening vehicle doors ahead of an oncoming motorcyclist
- Disregard for traffic conditions
- Tailgating bikers
Even in cases where a biking accident occurred as a result of trash, tire treads, debris, or other obstacles left in the roadway, there may be an opportunity to settle your case successfully. If the individual, construction company, government agency, or road construction & public works contractor is responsible for the creation of the hazard, I’ll be able to hold the liable party to account for the motorcycle accident via a settlement negotiation or a full-blown trial.
Common Injuries Associated with Motorcycle Wrecks
Operators and passengers of motorcycles often suffer serious physical injuries as a result of their auto accidents. Below, listed in no particular order are the most common injuries and healthcare concerns associated with accidents involving motorbikes.
- Head & Traumatic Brain Injuries
- Injuries requiring amputation of limbs, fingers or toes.
- Facial disfigurement
- Road rash and burns
- Spinal Cord & Spinal Column Injuries
- Death
- Broken bones and lacerations
- Internal bleeding and organ failure
- Permanent scarring
- Chronic Pain & Back Injuries
Other Damages Associated with Motorcycle Accidents
Aside from personal injuries, there are financial and punitive damages that our law firm may be able to recover on your behalf. Financial or economic damages can be proven with financial records while other damages refer to instances in which the quality of life of the individual has been altered.
Such damages may include, but are not limited to the following;
- Medical costs and the cost of rehabilitation,
- Costs of prescription medicines and doctor visits,
- Loss of earnings,
- Health-related home modifications and medical devices,
- In-home health care costs associated with disability,
- Pain, suffering, mental anguish,
- Damage to sexual organs and physical disfigurement,
- And ultimately the loss of a previously enjoyed quality of life.
If you have any questions about how the The Gagliardi Law Firm, PLLC might be effective on your motorcycle accident claim, contact my office at 713-224-6277 and ask to speak with Attorney Joe Gagliardi. If you prefer to send a message by contact form, click here.
Secure The Legal Representation You’ll Need
Contact Attorney Joe Gagliardi For Help
If you were injured in a motorcycle accident or have a relative or other loved one who was killed in one, you have a right to be compensated. If you live in the Greater Houston area, you can contact Attorney Joe Gagliardi to get the legal advice and representation you’ll need and schedule a free and confidential consultation so your case can be reviewed.
Once your case/claim is deemed valid, I’ll do the needed groundwork for investigating every detail of your case. If I have to utilize the services of an expert witness or traffic safety investigator, I’ll take that step.
To get started with your case immediately, contact Attorney Joe Gagliardi by calling the law office by phone at 713-224-6277 or by sending a detailed message using the contact form.