Breaking Down a Motorcycle Accident Claim
The motorcycle rider crash fatality rate is thirty times higher than the four-wheel vehicle occupant fatality rate. Even if motorcycle riders survive a crash, they usually sustain permanent injuries, like head injuries. Wearing a motorcycle helmet during a crash is like covering your mouth when you sneeze. A helmet gives riders some protection, but not nearly enough to prevent all kinds of head injuries.
Making matters worse, tortfeasors (negligent drivers) usually tell motorcyclists something like “You came out of nowhere,” implying that the rider was responsible for the wreck.
Because of these serious injuries, and also because of the cavalier attitude of most tortfeasors, a Sugar Land motorcycle accident lawyer can usually obtain substantial compensation in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Motorcycle Crash Injuries
We mentioned the different kinds of head injuries above. A motorcycle crash usually causes one or more of the following head injuries:
- sTBI: Generally, the motion of a wreck, as opposed to a trauma impact, causes a severe traumatic brain injury. This motion causes the brain, which isn’t much bigger than an oversized coffee mug, to slam against the insides of the skull, causing bleeding and swelling.
- mTBI: A moderate traumatic brain injury is basically a concussion which, by itself, is not terribly serious. However, the cumulative effects of concussions causes CTE (Chronic Traumatic Encephalopathy), a degenerative brain disease that’s usually fatal. If a pre-existing condition, like a prior mTBI, contributed to a crash-related illness or injury, maximum compensation is usually still available.
- PTSD: Post Traumatic Stress Disorder is a chemical imbalance brain injury. Extreme stress enlarges the brain’s emotional center and shrinks its logical control center. The resulting imbalance causes symptoms like flashbacks, nightmares, and hypervigilance.
Other common motorcycle crash-related injuries include broken bones and internal injuries. Usually, the victim’s leg is pinned between the bike and another surface, like a vehicle or the ground. Additionally, the same motion that causes a brain injury also causes internal organs to mash against each other and bleed profusely.
A Missouri City personal injury lawyer can connect motorcycle crash victims with doctors who focus on these specific injury-related conditions.
Liability Issues
Basic failure to maintain a proper lookout (the “you came out of nowhere” excuse) is the most common cause of motorcycle wrecks. This inattention could be related to driver impairment, such as alcohol use, or aggressive driving, such as turning unsafely.
An attorney must prove the tortfeasor’s negligence substantially caused injury. Outside factors, like bad weather, often contribute to motorcycle crashes. But such factors hardly ever substantially cause these wrecks.
Comparative fault, a legal doctrine that shifts accident blame from the tortfeasor to the victim, might be the most common defenses in these claims. Occasionally, a rider does indeed come out of nowhere, perhaps because s/he was operating recklessly.
This defense often resonates with jurors who cling to the motorcycle prejudice. These individuals believe that all motorcycle riders are reckless thugs who don’t safely operate their bikes.
Texas is a modified comparative fault state with a 51 percent threshold. If the victim was more than 51 percent responsible for a wreck, compensation is unavailable. Otherwise, the victim receives a proportionate share of damages.
Reach Out to a Diligent Harris County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. The sooner you contact us, the sooner we start working for you.
Source:
jdpower.com/motorcycles/shopping-guides/motorcycle-vs-car-accident-statistics
