Motorcycle accidents can cause serious injuries because riders have little protection when a vehicle hits them. Cars have airbags, seat belts, and strong frames to protect people. Motorcycles do not have these safety features.
If someone else caused your motorcycle crash in Texas, you may be able to get compensation for your losses. The value of your claim depends on your injuries, insurance coverage, and how the crash affects your life.
What Compensation Can You Recover After a Motorcycle Accident?
Motorcycle accident compensation usually includes economic and non-economic damages. Together, these damages cover your financial losses and personal losses from the crash. They are meant to help make you whole after the accident.
Economic Damages
Economic damages cover financial losses that can be shown with bills, records, pay stubs, and expert estimates. They often include medical bills, costs to change your home or vehicle for your injuries, prescriptions, and lost wages from recovery time or doctor’s visits.
Non-Economic Damages
Non-economic damages cover the personal effects of a crash. These losses are harder to measure with bills or receipts, but they can be shown through witness statements and your own words. They may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship for a spouse or partner.
In fatal motorcycle accident cases, family members may also have a wrongful death claim. These claims may include funeral costs, lost financial support, loss of companionship, and the grief caused by losing a loved one in a crash.
What Affects the Value of a Motorcycle Accident Claim?
No two motorcycle accident claims have the same value. The amount your case is worth depends on the crash details, your injuries, proof of fault, and available insurance coverage.
Financial losses
Your claim may be worth more if you have high medical bills, miss work, or need future care. Serious motorcycle crashes can cause costs that continue for years, especially if you need surgery, rehab, or ongoing treatment.
Liability
Texas is an at-fault state for car accidents. This means the person who caused the crash is usually responsible for the damages.
If the other driver clearly caused the crash, your claim may be stronger. If fault is unclear or shared, your claim can become more complex. Insurance companies may try to shift blame or deny responsibility.
If you share fault for the accident, it can reduce the value of your case. Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.0011. Your compensation is reduced by your percentage of fault, and if you are more than 50% responsible, you cannot recover damages.
Severity of Injuries
The seriousness of your injuries is one of the biggest factors in your claim’s value. Motorcycle riders often suffer serious injuries because they do not have the protection of a car.
A claim may be worth more if you have broken bones, brain injuries, spinal injuries, burns, or other serious injuries. Injuries that affect your ability to work, ride, or enjoy daily life can also increase the value of your non-economic damages.
Insurance Policy Limits
The amount of available insurance can also affect your claim’s value. Under Texas law2, drivers must carry minimum liability coverage of $30,000 for one injured person, $60,000 for injuries in one accident, and $25,000 for property damage. This is called 30/60/25 coverage.
These limits can run out quickly after a serious motorcycle crash. One surgery, hospital stay, or major injury may cost more than the driver’s insurance covers. If the at-fault driver does not have enough coverage, uninsured or underinsured motorist coverage may help provide additional compensation.
If you or a loved one was injured in a motorcycle accident, contact us today to schedule a Free Consultation. We can help investigate the accident and answer your legal questions about accident compensation. Contact us today.
Sources:
1 https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=33.001