Exploring Texas on two wheels is a thrilling experience, but it isn’t without risk. Given a motorcycle’s small size and profile, car and truck drivers may not always notice motorcyclists. This lack of visibility can lead to accidents and serious injuries. Motorcyclists are particularly vulnerable on the road, and even a momentary lapse in attention from other drivers can result in life-altering consequences.
If you were harmed in a motorcycle accident caused by another driver’s negligence, you need help from a local Katy motorcycle accident attorney. Fortunately, the Law Office of Shane McClelland, PLLC’s qualified legal team is here to help with personalized legal assistance.
Our experienced and knowledgeable Katy motorcycle accident attorney can help you fight to secure full compensation for your severe injuries and damages. Attorney Shane McClelland can investigate the facts surrounding your motorcycle wreck and help guide you through any necessary legal action on your behalf.
Call us at (713) 987-7107, or fill out our online contact form to schedule a no-cost case evaluation with us today.
What Causes a Motorcycle Collision?
When analyzing the causes of a motorcycle crash, it’s important to consider the other driver’s actions and whether the other driver acted negligently. Attorney Shane McClelland will prove negligence by showing the following:
- The at-fault driver owed you the duty to follow the rules of the road and operate their motor vehicle safely.
- The at-fault driver breached that duty by speeding, failing to yield, driving while intoxicated, or some other variant of unlawful activity.
- The at-fault driver’s breach of duty to operate their vehicle safely directly caused the motorcycle accident and your direct personal injuries or property damage.
Another driver’s negligence is the main cause of almost all motorcycle wrecks. Examples of negligent driving that can cause motorcycle wrecks and serious injuries include:
- Texting on their mobile phone while driving
- Posting to social media while driving
- Driving recklessly
- Not paying attention to their surroundings
- Failing to check their blind spots before changing lanes
- Not abiding by traffic laws
If you believe another driver is at all responsible for causing your motorcycle crash that resulted in your severe injuries, it is critical and worth your time to speak with experienced Katy, TX motorcycle accident lawyer Shane McClelland about your legal options.
Understanding Motorcycle Accident Statistics
Although motorcycles make up a smaller portion of vehicle operators than car and truck drivers, of all the people on the roads in Texas and the United States, they face the most serious danger of suffering from accident-related injuries. By understanding current motorcycle accident statistics, motorcyclists can work to keep themselves safe on the road. Recent motorcycle statistics show the following:
- The National Highway Traffic Safety Administration of the U.S. Department of Transportation reports that 6,218 motorcyclists were killed in 2022.
- The motorcyclists who were killed in 2022 made up 15% of all traffic fatalities – the greatest number of people on motorcycles killed since 1975.
- Roughly 82,687 motorcyclists faced injuries from traffic accidents in 2022, which is down 3% from the number of injured motorcyclists reported in 2021.
- Of motorcycle riders who were involved in fatal crashes in 2022, 35% of them did not have valid motorcycle licenses.
- 42% of United States motorcycle riders who died in a motorcycle accident were under the influence of alcohol.
- In Texas, 599 motorcyclists, including passengers and operators, were killed in 2023.
- 40% of the motorcyclists killed in Texas in 2023 were not wearing a helmet.
To ensure the safety of motorcyclists, government agencies are urging motorcyclists and other drivers to adequately share lanes and be careful when passing each other. Furthermore, motorcyclists are urged to be sober when driving, wear adequate helmets, and make sure they are visible to other people on the road.
Our Local Katy Motorcycle Accident Lawyer Can Make a Difference in Your Case
As motorcycle accidents often lead to severe injuries, such as spinal cord injuries and traumatic brain injuries, it’s critical to receive the compensation you need to adequately recover from them. Furthermore, navigating the legal processes to pursue compensation can be overwhelming. Having a motorcycle accident lawyer from Katy by your side can be crucial to ensuring positive case outcomes and supporting you during this difficult time.
The Katy motorcycle accident attorney at the Law Office of Shane McClelland, PLLC, can work closely with you, providing personalized, client-focused representation. Together, we can design and implement an optimal legal strategy to help you get critical compensation for lost income, pain and suffering, medical bills, and other economic or non-economic damages. Specifically, we can assist you with the following:
- Understanding Texas and federal traffic laws. An experienced lawyer can leverage their deep understanding of Texas state and federal traffic laws to determine how they may apply to your case. We stay on top of evolving rules and regulations, so we can help you exercise your rights to the fullest extent by understanding any updated legal processes.
- Developing a robust case. Our legal team can look into each detail of your case, gathering crucial evidence, such as witness statements, video footage of the accident, and police reports. We can also work closely with skilled professionals, such as accident reconstruction specialists, to develop a formidable case and prove the liability of other parties.
- Championing your settlement amount. As insurance companies are generally only interested in maximizing their bottom line, they commonly try to minimize payouts or deny accident victims’ claims. An experienced attorney can fiercely negotiate a fair settlement amount that fully reflects all the damages you have suffered.
An experienced and compassionate local Katy motorcycle accident attorney can make a difference in your case, as they can build formidable arguments and advocate on your behalf. We can navigate complex legal processes while taking on bureaucratic and legal burdens for you. That way, you can focus on healing and recovery after your motorcycle accident.
How to Deal With Insurance Companies After a Motorcycle Accident
It can be difficult for motorcycle accident victims to deal with insurance companies after their crash, as insurance companies are usually intent on minimizing their payout amounts. It is generally not advised to speak to an insurance company without a trusted lawyer present. A motorcycle accident lawyer in Katy can help you deal with insurance companies, but you can do your part to improve your case by:
- Reporting the accident right away. Is critical to report the motorcycle accident to your insurance company as soon as you can. Give them basic information, including the parties involved and the date and location of the crash.
- Watching your words. Speak to your attorney before giving any in-depth explanations of what happened during your accident. They can manage communications with your insurance company, protecting you from any unforeseen consequences.
- Stay off social media. Do not post anything to your social media accounts and do not discuss the details of your accident or your case with friends. After an accident, it is best to keep the details private.
- Consulting your attorney. When an insurance company gives you its first offer, if you have not yet reached out to a Katy motorcycle accident attorney, it is critical to do so before responding. Insurance companies will typically offer a lowball amount at first. An experienced attorney can make sure your eventual settlement or case award fully covers all your losses and expenses before you accept it.
- Gathering crucial evidence. Keep detailed documentation of any costs and damages associated with your accident, such as the repair costs of your vehicle and associated medical treatment. Furthermore, save all communications and records of correspondence with the insurance company. This critical evidence can help support your side of the story and build your claim.
- Handing it over to your attorney. It is generally recommended to let an experienced attorney handle all communications and negotiations with insurance companies on your behalf. A Katy motorcycle accident attorney can protect your rights and fight for a fair settlement.
Although it can be overwhelming and complicated to deal with insurance companies after a motorcycle accident, an experienced and supportive motorcycle accident lawyer can efficiently and successfully navigate the process.
Common Injuries Caused by Motorcycle Accidents
Motorcycle accidents often result in a range of serious injuries due to the absence of safety features that other motor vehicles provide, leaving riders more exposed and vulnerable to impact. The National Highway Traffic Safety Administration (NHTSA) has collected data that provides insight into the importance of motorcycle safety and the serious injuries motorcycle accidents can cause.
Some common injuries caused by motorcycle accidents include:
- Head injuries: Head injuries are a major concern in motorcycle accidents due to the lack of protection for the rider’s head. Traumatic brain injuries (TBIs) and concussions can occur. Even when wearing a helmet – a crucial safety precaution – the impact of a collision can result in severe head trauma.
- Road rash: When a rider is thrown off the motorcycle and skids along the road, friction can cause abrasions and cuts to the skin, commonly known as road rash. These injuries range from moderate to severe, depending on the speed of the accident.
- Fractures: Motorcycle accidents often lead to broken bones, such as fractures in the legs, arms, wrists, or collarbones. The impact on the road, another vehicle, or a stationary object can cause significant force on the bones, resulting in fractures.
- Spinal injuries: The impact of a motorcycle accident can lead to spinal injuries, including herniated discs, fractures, and injuries to the spinal cord. Severe spinal cord injuries can result in paralysis or long-term disability.
- Internal injuries: The force of impact can cause internal injuries to organs like the liver, spleen, kidneys, and lungs. These injuries may not be immediately apparent and can lead to internal bleeding or other complications.
- Lacerations and contusions: Impact with the motorcycle or other objects can result in lacerations (deep cuts) and contusions (bruises), which can vary in severity depending on the force of impact and the location of the injury. In some cases, a laceration may be so severe a limb is severed due to the force of impact.
- Burns: If the motorcycle catches fire or comes into contact with a hot surface during the accident, riders can sustain burn injuries, which can range from mild to severe, depending on the extent of exposure.
- Mental or emotional trauma: Beyond physical injuries, motorcycle accidents can also lead to mental or emotional trauma, including post-traumatic stress disorder (PTSD), depression, and anxiety.
The severity of personal injuries from motorcycle accidents varies widely depending on factors such as speed, helmet use, protective gear, the type of collision, and the overall health and condition of the rider. To reduce the risk of these injuries, motorcycle riders should prioritize safety by wearing appropriate protective gear, obeying traffic laws, and practicing defensive riding techniques.
What Can I Recover With a Motorcycle Accident Lawsuit?
When you work with Katy motorcycle accident lawyer Shane McClelland, you can rest assured he will work tirelessly to recover the maximum compensation possible for the damages you sustained in your Katy motorcycle accident.
In motorcycle accident cases, compensation is often sought for damages such as:
- Physical pain and suffering
- Medical bills
- Lost wages and earning capacity
- Mental anguish
- Physical/occupational therapy
- Disfigurement
- Property damage/loss
Texas uses a modified comparative negligence standard, which means the actual amount you can recover for your motorcycle accident may be affected by your portion of responsibility. You can recover damages even if you are partially at fault for the accident, but you cannot be more than 50% responsible for the collision. However, liability is not cut and dry, so it is crucial to contact Attorney Shane McClelland so he can analyze the facts of your crash.
What Should I Do If I’ve Been in a Motorcycle Accident in Katy?
If you’ve been involved in a motorcycle accident in Katy or the surrounding areas, it’s critical to prioritize your health and safety. Directly after your accident, check for any life-threatening injuries, and call law enforcement to report the incident. If you can, move your motorcycle out of the way of any incoming traffic or other hazards to prevent any further incidents.
After law enforcement arrives on the scene, explain to them what happened without implicating yourself in the accident or otherwise implying any fault. If it is possible to do so, collect as much evidence as you can. Critical evidence includes photos and videos of the crash scene and subsequent damages, along with the contact information of any witnesses of the crash.
Even if your injuries seem minor, it is critical to seek medical assistance. They can document the extent of your injuries and see if you have any underlying conditions with unapparent symptoms. After you have ensured your health and safety, it is critical to contact an experienced motorcycle accident lawyer as soon as you can.
Determining Liability in a Motorcycle Accident
To secure the compensation you’re entitled to, it is critical to establish the liability of any parties who were responsible for causing your accident. In Texas, the person who was found to be at fault for the accident must pay compensation for damages. Liability can be determined by assessing the following:
- Police records. After a motorcycle accident, law enforcement will come to the scene, analyze the situation, and generate a police report. This document will include details surrounding the potential legal violations involved, the incident itself, and any potential initial determinations of fault. The police report can be a critical piece of evidence in a liability case.
- Local traffic laws. By proving how an individual violated traffic laws, such as going over the speed limit, failing to yield, or going through a red light, liability can be established in a case. Proving fault for violating traffic laws involves a deep understanding of the traffic rules and regulations as well as critical evidence, such as witness statements.
- Witness statements. Testimonies from witnesses who saw the accident happen can help insurance companies and courts understand who was at fault for the incident. Such accounts can clarify or further confirm any collected evidence relating to the accident.
- Accident reconstruction. Accident reconstruction specialists may be called upon in some cases to examine evidence, such as road conditions, vehicle damages, and skid marks, to determine how the accident happened and who was at fault.
As Texas follows a modified comparative negligence rule, individuals who are found to be partially at fault for their motorcycle accident may still be entitled to compensation for damages. For example, if a motorcyclist is found to be 20% at fault for the accident, they can be entitled to receive 80% of the full value of the damages and injuries they suffered. By considering key personal injury and traffic laws, an experienced injury attorney can gather evidence and prove fault.
How We Can Help You After a Motorcycle Accident
Attorney Shane McClelland is dedicated to providing comprehensive support and advocacy for motorcycle accident victims in Katy, Texas. With nearly two decades of experience, he employs a client-centered approach to address the unique challenges faced by those injured in motorcycle accidents.
Attorney McClelland conducts thorough investigations into the circumstances surrounding each motorcycle accident to establish a clear understanding of the events leading to the crash and determine liability. He meticulously analyzes the facts to identify the responsible party, whether it be another driver, a manufacturer, or a third party. This is essential for building a strong case for compensation.
Attorney Shane McClelland prioritizes compassionate client care. He understands the physical and financial toll that motorcycle accidents can take on individuals and their families. By providing empathetic support, he helps clients navigate the legal process with confidence.
Clear communication and transparency are hallmarks of Attorney Shane McClelland’s client-attorney relationship. He keeps clients informed about the progress of their cases, ensuring they are well-informed and confident in the legal strategies employed on their behalf.
Contact Our Katy Motorcycle Accident Lawyer
Katy motorcycle accident Attorney Shane McClelland is eager to help those who need help recovering compensation for their injuries. Mr. McClelland understands how your life may have been upended and forever changed by another driver’s negligence, so he seeks to hold responsible parties accountable for compensation owed to his clients.
If you wish to learn more about your legal options after suffering injuries in a motorcycle accident in Katy, Texas, reach out to the Law Office of Shane McClelland, PLLC, today and request a free initial consultation.
Call us at (713) 987-7107 or fill out our contact form.
