Motorcycle Accidents are becoming an all too common theme in Austin and surrounding counties. I guess people are starting to realize what a truly wonderful place Central Texas is. Whether its the scenery, the rallies, or the overall Texas Independence way of mind, Motorcycles are here to stay!
Sadly, due to their size in relation to automobiles, most Motorcycle cases we have handled result in serious injuries. The most common type of motorcycle accident is an AUTOs Failure to Yield the Right of Way from a Private Drive or Street. Put simply, any vehicle must yield the right of way to oncoming traffic when exiting a private drive or side street. Sadly, most drivers are looking for the outline of another vehicle, not the small footprint of a motorcycle. Other common accidents are when autos violate their lanes and enter into a rider’s lane, usually when the rider was passing or riding in the vehicles blind spot. Finally, there are the rear-end accidents in which an auto is following too closely and does not have enough time to stop and consequently rear ends the rider. As all riders know, a helmet is your first line of defense. Although I don’t agree, I appreciate the freedom of riding helmetless, and for a legal explanation of the same, see the TXDOT page.
Due to a bike’s lack of protection, these accidents usually result in serious and sometimes fatal injuries. It is critical that you contact an Austin motorcycle accident attorney right after you have been involved in one of these accidents so we can advise you of your legal rights. Call us now and speak with an Austin motorcycle accident attorney regarding any and all motorcycle accidents.
FAQ’s Regarding Auto Accidents
What to do if you are in an accident
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The submission of information to Funk & Associates (“The Firm”) or one of its attorneys does not create an attorney-client relationship, and the receipt of said information does not constitute an attorney-client relationship. This website presents general information which is not intended to be legal advice, nor should you consider it as such. Contacting Funk & Associates does not, and should not, prohibit you in any way from seeking legal advice regarding this or any other matter. This Firm makes no representations, material or implied, of any statute of limitations which may or may not exist.
When should I contact a lawyer after a motorcycle accident?
If you have been injured in a motorcycle accident, you need to contact Funk and Associates right away. Motorcycle accidents are often severe due to the vulnerability of motorcycle riders on the roadway when they are struck by vehicles. While the injured victim recovers in the hospital from their injures, valuable evidence and information may be lost. It is imperative that you contact a lawyer right away to begin investigating the scene of the collision, the cause of the crash and the insurance available. While you heal, Funk and Associates can handle the stressful parts of your claim, so that you can focus on recovery while we fight for justice.
I was injured in a motorcycle accident, but I wasn’t wearing a helmet. Can I still recover damages from the other driver?
Yes. As a fellow rider, I know the freedom that goes without wearing a helmet while riding. However, freedom comes at a severe cost if you get in a motorcycle accident without a helmet. Assuming you take that risk and you are not at fault, you can still recover damages if you are involved in a motorcycle collision while not wearing a helmet. However, your injuries are much more likely to be severe and catastrophic without a helmet due to the violent nature of motorcycle v. auto collisions.
If a driver forces me off the road, do I have a case?
There are three main things that make up a personal injury case. Number 1: you are not at fault. Number 2: You suffered an injury. And Number 3: there is some form of insurance to go after to recover your damages. The third factor is the key here. If someone forces you off the road due to their own negligence you may have a case. However, if the other driver flees the scene or escapes with no witnesses present to identify them or the vehicle, you may not have a case. If no insurance on the other vehicle can be found, you may still have an option to pursue your damages under your own policy if you carry uninsured motorist coverage. Contact with your vehicle is usually the key factor but these cases can be complex; if you have been injured by someone who fled the scene, you should contact Funk and Associates immediately to investigate the case.
Do I have a claim if I may have been partly to blame for my motorcycle accident?
Maybe. Texas is a modified comparative negligence state. That means that as long as you are not more than 50% at fault, you may have a case for any injuries you have suffered as a result of a car accident. To determine who is at fault, and how much responsibility each side has, you need to contact a personal injury attorney in Austin to investigate your case. The attorneys at Funk and Associates have the experience and knowledge to make sure the responsible party is held accountable.
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