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Written by AskTheLawyers.com™
Due to the open design of a motorcycle, the rider may sustain severe injuries in the event of a crash with another vehicle. Even if a motorcyclist wears a helmet and full-body protective gear, the effects of an accident may be devastating. After such a crash, you may be able to collect compensation through an insurance claim, just as you would after any other motor vehicle accident. However, determining liability after a motorcycle crash can be difficult, especially as insurance adjusters may try to reduce your settlement if you were not wearing a helmet. Additionally, some states have different insurance requirements and laws related to motorcyclists, which may complicate your claim. Below, our local Texas motorcycle accident attorneys explain the unique aspects of these kinds of claims.
Having a qualified attorney on your side after a motorcycle accident is often essential to getting the compensation you deserve. A lawyer can negotiate with the insurance company on your behalf and defend your right to full compensation, regardless of helmet use. If you need to find a Texas attorney for your motorcycle accident claim, then consult our local listings.
A motorcycle accident claim usually involves serious injuries or even wrongful death, especially if much larger vehicles are involved. Other differences that set motorcycle accidents apart from car crashes include:
In all 50 states, motorcyclists must have a special endorsement on their licenses in order to legally ride. However, the requirements that you must meet to obtain a “Class M” endorsement vary by location. In Texas, applicant are required to take a motorcycle road test and must provide a passenger vehicle and licensed driver to convey the license examiner during the road test. Operation of a three-wheeled motorcycle requires completion of a training course and a restricted Class M license.
Additionally, you must carry vehicle insurance on your bike in Texas. The minimum requirements for this coverage are the same for any other vehicle; you must have:
Additionally, depending on the circumstances, you may be able to negotiate for a lower or variable insurance premium for your motorcycle if you do not ride it consistently. For example, most people do not travel by motorcycle in the winter months, so you may be able to purchase a “lay-up” policy, which reduces your coverage, and therefore your premium, during a certain time period.
Texas is one of 28 states that have partial motorcycle helmet laws, which make helmets mandatory for only some people. According to state laws, all rides under 21 years-old must wear a helmet. All other riders are free to choose whether to wear a helmet if Individuals at least 21 years-old are exempt from wearing a helmet while operating or riding a motorcycle if they have completed a Department-approved Motorcycle Operator Training Course or they can provide proof of at least $10,000 in medical insurance coverage. A motorcycle helmet can help protect you from serious head and brain injuries in the event of an accident. Other protective gear that can minimize potential motorcycle accident injuries includes: sturdy boots, light-weight riding armor, thick pants, a long-sleeved jacket and durable gloves. Additionally, since some neighboring states have universal helmet laws, it is a good idea to check local requirements if you plan to travel across state lines.
Although Texas law may not require you to wear a motorcycle helmet, insurance companies often try to claim that you contributed to your own injuries by failing to wear a helmet. However, insurance companies cannot use lack of helmet use as a reason to reduce your settlement. If this happens, then a qualified motorcycle attorney can help you fight for full and fair compensation.
If you suffered serious injuries or lost a loved one in a motorcycle accident, then an attorney may be able to help. To find a local lawyer, consult our listings. Otherwise, if you have a question or concern about motorcycle accident claims, then feel free to ask the lawyers.
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