Llano Motorcycle Accident Attorney
Llano, Texas, can be a wonderful place to ride around on your motorcycle. Unfortunately, even the most experienced motorcyclists can get into an accident. In the event of a crash, especially if it involves a car or truck, you may endure severe or even life-altering injuries due to the negligence of another driver. In such a circumstance, it is advisable to consult with a Llano motorcycle accident lawyer regarding compensation for your injuries.
In Llano, Texas, motorcycle crashes could occur in many different ways. You could have had a head-on collision with a driver that was going the wrong way at the Llano Municipal Airport. Or, there are often distracted drivers on Texas Highway 16 and you may have been hit when you were on the way to pick up your kid at Llano High School. Perhaps you were enjoying a weekend trip out when you were sideswiped by a reckless driver on Highway 29 who was in a hurry to get to work at the Mava Java Brewhouse. Whatever the situation was, even though Llano is a relatively small city compared others in the state, accidents do happen there.
If you’ve been harmed in a motorcycle collision brought about by another negligent motorist or rider, you may have the legal grounds to begin a personal injury lawsuit. The reality is that most motorcycle-car accidents don’t go to court. However, you would have just been in a traumatic situation and your focus should be on your recovery, while a motorcycle accident attorney in Llano pursues legal action in order to secure you comprehensive and fair compensation.
Injured in a Motorcycle Accident in Llano, TX? Here is What You Need to Know
The most important thing to be super clear about when you have been in a motorcycle accident is that insurance companies will not try to get you a fair injury settlement. They really want to pay you as little as possible. You are not obligated to talk to the insurance company before consulting with a Llano motorcycle accident lawyer. The quicker you have an attorney on your side, the better your chances of fair compensation.
So, after your accident, you will want to receive medical attention as soon as you can. Even if you don’t have health insurance, you will be able to pay for medical care once you receive your settlement. A lawyer can assist here by negotiating on your behalf with the Llano County Hospital, the Llano Memorial Healthcare System, or other healthcare institutions.
In cases involving a family member’s injury or loss due to a motorcycle accident, you can pursue a settlement on their behalf. Remember, time limits apply to every injury case. Delaying can reduce your potential compensation for injuries and losses.
Experienced Llano Motorcycle Attorney Who Will Fight For Your Rights
The Law Office of W. Shane Jennings is here to fight for you. An experienced Llano motorcycle accident attorney can provide you with a free initial consultation to guide you through the process, and ensure you take the right steps. Our track record of success and our extensive experience will enable us to fight to get you money to cover your medical expenses, any lost wages, or the support you need to rebuild your life.
Motorcycle crashes in Texas are becoming increasingly common, and more people are dying in them. In 2021, Texas ranked third of all states for motorcycle fatalities. In 2022, there were 562 motorcycle rider deaths, an 8% increase from the previous year. Everywhere in the country, motorcyclists are more vulnerable, even while wearing helmets. Of the Texas fatalities in 2021, 53% of victims were wearing helmets.
Some of the main causes of motorcycle crashes our Llano motorcycle accident attorneys see are drivers making unsafe lane changes and left-turn accidents. Car drivers that are turning sometimes fail to signal or to check blind spots before they do, and likewise, they can make right-of-way errors by turning in front of a motorcycle. A speeding driver is less likely to see a motorcycle and be able to stop on time, and drunk drivers are also less observant. Similarly, distracted drivers who are checking their phone or not paying attention are a key cause of motorcycle accidents. Finally, drivers making a sudden stop at a yellow light or to avoid an obstacle often aren’t focused on who is behind them, and motorcycles can crash into them. At the Law Office of W. Shane Jennings, we have helped enough motorcycle accident victims to be acquainted with the different accident situations and their consequences.
Who is Potentially Liable in a Llano Motorcycle Accident?
After being in a motorcycle accident in Texas, you can suffer both financial and non-financial losses. These span from damage to your motorcycle through to lost income, a lower quality of life, and physical and emotional pain. The good news is that Texas law grants compensation to those harmed as a result of someone else’s negligence.
Drivers can cause accidents by speeding, failing to yield, aggressive behavior, and other causes mentioned above. But in addition to that, non-driving entities can precipitate severe motorcycle accidents. Government agency personnel tasked with road maintenance and design in Llano County might neglect perilous road defects such as inadequate drainage, potholes, overgrown trees, faded lane markings, or missing or insufficient signage, all of which can result in severe motorcycle accidents.
On the other hand, some accidents stem from motorcycle or equipment issues. When motorcycle retailers or manufacturers sell products that are badly made, designed, or incorrectly marketed, they can be held accountable if their faulty items cause an injury. In single-vehicle accidents, it can be unclear what the cause of the crash was. So it is always worth consulting with a motorcycle accident lawyer in Llano in order to get a thorough assessment of the case.
How is Fault Determined in a Texas Motorcycle Crash?
Ultimately, negligence just means that the other party or parties didn’t take proper care when they were driving, and they are therefore responsible for your crash-related losses. Everyone on the road has duty of care, meaning they are legally obliged to do reasonable things to prevent collisions.
Texas uses fault-based insurance law, where proving who was negligent is required in order to award compensation. The at-fault party is liable for the damages and any harm that comes out of a collision or accident. Some other states use no-fault laws, where each party turns to their own insurance companies for compensation, no matter who was to blame for what happened.
However, Texas operates under a modified comparative fault system. While many at-fault states function under pure comparative fault and any party that wasn’t entirely to blame can get compensation, in Texas responsibility is proportionate. The person or people who were injured can get compensation, even if they were somewhat responsible for the accident. However, as outlined in the Texas Civil Practice and Remedies Code, Section 33.001, they must be less than 50 percent at fault. That is, the other party or parties must be mostly to blame.
The amount of compensation you get decreases in proportion to your share of the fault. For example, if you were 10 percent to blame for the accident, your payout is reduced by 10 percent. The insurance company’s adjusters will try to attribute more blame to you so they can pay less, so it is helpful to have a Llano motorcycle attorney on your side to make sure you get what you are entitled to.
Key Evidence Which Will Help Prove Fault
Proving how much blame you and the other parties are responsible for involves gathering two types of evidence. Direct evidence directly proves facts and carries more weight than circumstantial evidence, which only implies or suggests what happens.
Direct evidence could include video surveillance such as dashcam footage, which is almost always admissible in court. However, in Texas, it can not include red-light camera photos. While the evidence from red-light cameras can be key, unfortunately the Texas legislature has prohibited the use of such cameras in traffic enforcement as of June 2019.
On the other hand, photographs of the scene, taken by yourself, other parties, or the police, could be used. These photos could show how the motorbike was damaged, skid marks and shattered glass, as well as the position of the vehicles after the collision. It is important to get photos of the license plates of all vehicles involved, and of any visible injuries you sustained. Photos are very important if other drivers dispute being involved in the collision.
Other direct evidence involves bystander witnesses who took video footage or who can provide testimony about how the accident happened. These impartial third parties often have valuable insights and can support your case.
Types of Motorcycle Accident Claims W. Shane Jennings Handles
The experienced Llano motorcycle accident attorneys at the Law Office of W. Shane Jennings is able to take on different types of accidents. These include:
Single-bike accidents – These occur when you collide with a car that isn’t moving, or another stationary object, and no other drivers are involved. These types of accidents are often the result of faulty equipment, like defective tires or brakes. They can also happen when you are going too fast or are distracted. If you swerve to avoid a car that hasn’t seen you when switching lanes, and crash, this would still count as a single-bike accident even though there was another party at fault. Another common hazard for motorcyclists is a parked car with its door open.
Left-turn collision – This happens when a driver turns without seeing an oncoming motorcyclist, and the motorcycle is hit as it tries to pass the car or go through an intersection.
Lane-change accidents – When a driver switches lanes without noticing a motorcycle, a lane-change collision can take place. The relatively small size and inconspicuous profile of motorcycles on the road often lead to drivers overlooking them.
Head-on collision – This happens when a car hits a motorcycle straight on, and is typically the most serious type of motorcycle accident.
Laws Texas Motorcycle Riders Must Abide By
It is important to be aware of Texas’ motorcycle laws in order to stay safe and to be compliant and avoid fines or legal problems. You must have a valid class M license, and your motorcycle must be registered with the Llano County Tax Assessor-Collector’s Office. The registration sticker should be attached to the license plate. Inspections have to be completed yearly, and proof of insurance is required for registering.
In Texas, people under the age of 21 must wear helmets while riding. Riders over 21 have the option of forgoing a helmet if they either successfully finish an approved Motorcycle Operating Training Course through the Department of Motor Vehicles or secure at least $10,000 in medical insurance coverage. These riders are required to have a copy of their medical insurance card with them when riding. It’s important to note that Texas law prohibits law enforcement from stopping or detaining riders just to check for the training course or insurance. Though you have the freedom to not wear a helmet once you are 21, they do have a track record of saving lives and are highly recommended.
Finally, a lot of riders in Llano, Texas, do like to practice a maneuver called “lane splitting,” where they pass other vehicles by weaving between lanes of traffic. This can be dangerous, particularly when sharing the lane with a large vehicle or at high speeds. Importantly, it isn’t legal in Texas. Motorcyclists are more vulnerable than car drivers, and it is vital to stick to the laws in order to reduce your risk of injury.
Contact The Law Offices of W. Shane Jennings in Llano Today
Here at the Law Office of W. Shane Jennings, our motorcycle accident attorneys in Llano, TX, are proud to go out of our way for clients. We prioritize attention to detail and are well reviewed. Lawyer Shane Jennings has a long history of experience, great intuition, and a strong connection to the people of Llano County. Contact us today for a free consultation.
In addition to Llano, Texas, our law firm also serves Las Cruces, Hobbs, New Mexico, and more.