If you have been injured in a motorcycle collision, you may be wondering what kind of damages you can pursue to help compensate for the injuries you have sustained.
It is important to take the time to evaluate your situation with the help of an experienced motorcycle accident lawyer before any definitive answer can be given. After all, there is no set value for these types of cases, as compensation is usually determined based on the unique circumstances of each specific situation.
Our team at The Stewart Law Firm is led by our seasoned personal injury advocate, Stephen Stewart, and has helped motorcycle accident victims and their families from all over Texas obtain compensation. In this blog, we will explore how the value in these types of cases is determined and what to do if you have been in an accident and want to seek compensation.
Determining the Value of Motorcycle Accident Cases in Austin
On average, Texas roads witness the death of one motorcyclist daily. In 2023, there were 599 fatalities and 2,483 serious injuries among motorcyclists due to crashes. Over half of these fatal incidents involved collisions with other vehicles.
Another factor that can determine the value of your case is whether it is settled or goes to trial. In many cases, the settlement value is much lower than a potential verdict because it eliminates the risk associated with the possibility of losing at trial. However, if your case does go to trial, the court may be more inclined to award more damages based on the evidence presented.
It’s crucial to understand the types of damages you might recover. These damages aim to compensate for the losses suffered due to the accident.
Here are the primary categories:
Economic Damages
- Medical Expenses: This covers all medical-related costs, including doctor visits, hospitalization, surgeries linked to disability or disfigurement, medications, rehabilitation, and future medical expenses linked to the accident.
- Property Damage: If your motorcycle was damaged, you could be compensated for repair or replacement costs.
- Lost Wages: Compensation for wages lost during your recovery if you were unable to work due to your injuries.
Non-Economic Damages
- Pain and Suffering: This covers both the physical pain and emotional distress caused by the accident and injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you once did, you may receive compensation for this loss.
- Loss of Consortium: If your injuries have impacted your relationship with your spouse or partner, they may be compensated for loss of companionship and support.
Punitive Damages
In cases where the defendant’s behavior was especially harmful or intentional, punitive damages might be awarded to punish and deter such actions.
Texas Comparative Negligence
It’s important to note that Texas uses a modified comparative negligence rule. If you are found partially at fault, your compensation could be reduced by your percentage of fault. Consulting with a knowledgeable attorney is essential to navigate these complexities and ensure fair compensation.
The more severe the injury, the greater the potential damages that may be recovered.
In motorcycle collision cases, the burden of proof rests on the plaintiff to demonstrate that negligence occurred. This means you and your attorney must prove several things:
- The defendant owed you a duty of care
- That duty of care was breached
- The breach led to the injury-causing crash
If negligence is not demonstrated, the defendant is not considered at fault and would not be held responsible for your injuries.
Collecting Evidence to Calculate Damages in a Motorcycle Accident Case in Texas
When calculating damages after a motorcycle accident, gathering evidence is a critical first step. This evidence helps to establish liability and assess the extent of your injuries and losses. Key types of evidence to collect include:
- Police Reports: Always ensure the police are called to the accident scene to file a report. This document is vital as it includes details about the accident, any citations issued, and witness statements. Obtaining a copy of the police report is essential for your claim.
- Medical Records: These records are crucial for demonstrating the extent of your injuries and the resulting medical costs. Collect all relevant documents, such as hospital bills, doctor’s notes, and receipts for any treatments or medications.
- Photographs and Videos: Visual evidence is highly effective in showing the severity of the accident and resulting damages. Capture clear photos and videos of the accident scene, your injuries, and any property damage.
- Witness Statements: If there were any witnesses, their accounts could be instrumental. Collect their contact details and statements as they can offer insights into the accident’s cause and help establish fault, thereby bolstering your case.
By systematically collecting these pieces of evidence, you strengthen your ability to calculate and claim damages accurately.
What To Do After a Motorcycle Accident in Texas
In the aftermath of an accident, you may not be sure what your next best steps are.
Here are some important things to do after your accident to ensure you’re safe, taken care of, and on the right track to obtaining your compensation down the road:
- Get to a safe spot: Move yourself and your bike out of moving traffic if you can do so safely.
- Keep your helmet on: Your neck and spine might be injured. Keep your helmet on and wait for paramedics to arrive and assess the situation.
- Call 911: Having an officer on the scene to file a police report helps your case later on.
- Gather information at the scene: Take photos if you are able to, collect witness statements, and get their contact information. These can be helpful for you or your attorney when you file an insurance claim.
- Seek medical attention: Your adrenaline could be hiding serious injuries. Go get checked out by a doctor and explain what happened. Keep track of all medical bills and records.
- Get a lawyer: Hire an experienced Austin motorcycle accident and personal injury attorney who will guide you and help you with your personal injury lawsuit. Avoid stating statements that could jeopardize your rights to compensation.
Contact the Stewart Law Firm Today
At the Stewart Law Firm, our Austin motorcycle accident lawyers understand these types of cases and can help injury victims navigate the complex legal system of Texas.
We take the time to analyze your case, answer your questions, and build a strategy based on your best interests. If you have been hurt, trust our firm to help you seek the compensation you need and deserve. Our firm is here to assist you 24/7. Call us at 512) 326-3200 for a free consultation when you’ve been injured for tenacious representation.
