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The Basics of Texas Motorcycle Accident Law



Motorcycle sales have skyrocketed in recent years, but many motorcyclists don't understand or follow all the rules of the road. If you have been injured in a Texas motorcycle accident, you may wonder whether the other driver was at fault. Since motorcycle laws vary by state, if you have been the victim of a motorcycle crash, you need to know how Texas laws may impact a potential legal claim.

Texas Motorcycle Accidents

Motorcycles are involved in a lot of accidents, and those accidents are often serious. According to the National Highway Transportation Safety Administration, motorcyclists are about 37 times more likely to die in an accident than those in passenger cars and are nine times more likely to be injured.

In fatal crashes, 35 percent of all motorcycle riders were speeding compared to 23 percent for passenger car drivers, and one out of four motorcyclists had an invalid license at the time of the collision compared to 12 percent of passenger car drivers.

In Texas, motorcycle accidents account for 15 percent of all moving vehicle fatalities.

Texas Motorcycle Accident Law

In order to successfully win a Texas personal injury claim after a motorcycle accident, you need to prove the driver was negligent.

That means that you must prove that the person who caused your injury owed you a duty not to injure you but failed in that duty. You must also prove that there was a connection between that duty and your injury, and that you suffered damages. Even if you have been involved in a minor Texas motorcycle accident with injuries, you may have a legal claim if the driver was negligent.

Barely half of the victims of motorcycle crashes have private health insurance coverage, so a motorcycle accident can be financially devastating. Along with medical costs, victims of motorcycle crashes may have other problems, such as lost time from work and a decreased quality of life.

In 2009, Texas changed its motorcycle helmet exemption law and repealed the helmet exemption sticker program. Before the law changed, a Texas motorcycle rider had to be covered with at least $10,000 in health insurance for injuries that may be incurred in a motorcycle accident to be eligible to ride without a helmet. Now, there is no longer a minimum amount, and the Texas Department of Insurance has stipulated the standard proof of health insurance for motorcycle riders.

If you are the victim of a Texas motorcycle accident, a Texas motorcycle accident injury lawyer can help you determine whether the driver was at fault. If you think you may have a legal claim, it's important to contact an attorney who focuses on motorcycle accident personal injury law as soon as possible. Your attorney can make the best evaluation of your claim when evidence can still be collected and the memories of witnesses are still fresh. The right lawyer can get to work immediately to help determine whether pursuing a legal claim makes sense for your particular situation.