Why motorcycle accidents are hard to litigate

Motorcycles can feel liberating to drive, but they come with risks and make you more vulnerable to accidents. Motorcycle accidents are 28 times more likely to end in fatalities (Source: MoneyGeek). In fact, motorcycle accidents were up 8% in Texas in 2022, with 562 people killed, according to the Texas Department of Transportation. 

Whether it’s the physics of how the accident happened or other factors that may affect bikes more than other kinds of vehicles, motorcycle accidents can be difficult to litigate due to all the contributing factors. Injuries can also often be more severe and it can be difficult to reconstruct exactly how the injuries occurred. 

When driving a motorcycle, you should always:

(Source: TxDOT.gov)

What to do in a motorcycle accident

If you are a motorcyclist in an accident, the first thing you need to do when you are able is to call the police for the accident to be documented and take pictures. Take pictures of your bike, the road conditions, any critical road signs/construction in the area, and even note the weather. Note if there are any witnesses to the accident and ask them what they saw. If you are injured, you may also be able to point authorities to potential witnesses, and they can also take down their statements as to what happened. You may be in some shock right when the accident occurs, and will not be able to recall all of these details later. Plus, documenting pictures and talking to witnesses creates a record of the accident, which will help tighten up your case should you need to pursue one.

Since a motorcyclist is much more vulnerable to injuries in an accident, it is crucial that they either allow for authorities to send them to the hospital or request to get to a hospital immediately to treat and check for any injuries that occurred. Doing this can also help establish an injury timeline, and may help a case against the other driver. When released from the hospital, the accident victim should follow whatever regimens the doctor assigned. Not only will this benefit your recovery, but it will help establish that you have done all you can to help your recovery if the case has to be litigated.

Another key piece of advice to follow, is to wait to repair your motorcycle. It becomes evidence in the case against the other driver(s), and will prove how severe the accident was during litigation.

Like with any accident case, you want to be sure that you stay off social media to comment on the accident. Something you say in anger or frustration could come back to haunt you in a court case. Also, track all of your expenses and medical visits related to your accident and injury. The more you can document the aftermath of the accident, the easier it will be for a lawyer to build a case to get you the compensation that you deserve.

Source: HG.org

How we can help

Should you be involved in a motorcycle accident, you will want to call on a lawyer experienced in that area. Our skilled team will be happy to speak to you about your options. Accidents can be scary, and the aftermath can bring a lot of pain and stress that you do not have to handle on your own. Please reach out to our office should you be involved in such an accident.