El Paso Motorcycle Accident Lawyer

An El Paso Motorcycle Accident Attorney Who Will Fight For Your Rights

When motorcycle accidents occur, the consequences can be devastating. Unfortunately, it is usually the motorcyclist who suffers the brunt of the impact in such instances as they are relatively much less protected than drivers in cars, trucks, and other motor vehicles. Even when wearing protective clothing, helmets, and other safety gear, motorcyclists often suffer severe or catastrophic injuries or even death when they are hit by other motorists.

If you were injured in a motorcycle accident or had a loved one who was killed in a motorcycle collision, our El Paso motorcycle accident attorney can help you fight for a fair recovery.

We understand just how difficult it is to deal with these situations, which is why we offer compassionate legal guidance every step of the way. When you trust your case to Harmonson Law Firm, you can rely on aggressive advocacy and uncompromising representation.

If you or your loved one was recently injured in a motorcycle accident, Harmonson Law Firm can fight for your legal rights. Contact us at (915) 233-6427 today.

Texas Motorcycle Laws

In Texas, motorcycle laws are designed to ensure the safety of riders while promoting responsible riding practices. One of the most important requirements is the need for a motorcycle license or endorsement. To operate a motorcycle legally, a rider must have a Class M license. This can be obtained by completing a Basic Motorcycle Operator Training Course approved by the Texas Department of Licensing and Regulation (TDLR). Riders under 18 must also pass a motorcycle road test and meet additional graduated driver license requirements.

Helmet laws are specific and partially conditional. Riders under the age of 21 are required by law to wear a helmet at all times while riding a motorcycle. However, riders aged 21 and older can choose not to wear a helmet if they have either completed a state-approved Motorcycle Operator Training Course or carry at least $10,000 in medical insurance coverage. Even so, law enforcement officers are not permitted to stop riders solely to check helmet or insurance compliance.

The state also requires that motorcycles meet certain equipment standards. All motorcycles must have at least one and no more than two headlights, a functioning tail light, a brake light, reflectors, a horn, rearview mirrors, and a muffler. Additionally, motorcycles must be inspected annually and display a valid inspection sticker. Turn signals are required for motorcycles manufactured after 1973.

When it comes to lane usage, lane splitting (riding between lanes of traffic) is illegal in Texas. Motorcycles are entitled to a full lane, just like other motor vehicles, and riders are expected to follow the same traffic rules as cars. However, two motorcycles may ride side by side in a single lane if both riders agree to it.

Lastly, state passenger laws stipulate that a motorcycle must be equipped with a designated passenger seat and foot pegs if it is carrying another person. There is no minimum age requirement for passengers, but they must be able to reach the foot pegs and securely sit on the seat.

When Can Motorcycle Accidents Be Attributed to Negligence?

Examples of common causes of motorcycle accidents that may be attributed to negligence include but are not limited to:

There are hundreds of examples of negligence that can lead to a motorcycle collision, including drivers who simply do not notice a motorcyclist near them or fail to take into account their safety. In such instances, the injured motorcyclist should not have to suffer the consequences on his or her own. Our firm is prepared to stand up to major insurance companies in order to help you fight for the full fair recovery you are owed. Our El Paso motorcycle accident attorney has more than 16 years of experience that he is ready to put to work for you.

Common Types of Motorcycle Accident Injuries

Motorcycle accidents often result in more severe injuries than car accidents due to the lack of physical protection. Here are the most common types of injuries riders might suffer:

• Head and Brain Injuries: Head and brain injuries can range from mild concussions to severe traumatic brain injuries (TBI). These injuries often lead to long-term cognitive effects and may require extensive rehabilitation.
• Road Rash: Road rash occurs when the skin scrapes against the road surface, causing painful abrasions or deep tissue damage. In severe cases, it may require skin grafts and can lead to infections or scarring if not treated properly.
• Fractures and Broken Bones: Motorcycle accidents frequently cause fractures, particularly in the arms, legs, wrists, and collarbones due to impact. Pelvic and rib fractures are also common, often resulting from high-speed crashes or direct collisions.
• Chest and Abdominal Injuries: Injury to the chest and abdomen can result in internal bleeding, organ damage, or collapsed lungs. These injuries are particularly dangerous and require immediate medical attention due to the risk of life-threatening complications.
• Leg and Lower Extremity Injuries: Legs often suffer fractures or serious sprains when a rider is thrown to the ground or hits an object. Injuries can range from broken femurs to ankle sprains, often requiring surgery or long-term rehabilitation.
• Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and bruises, occur when muscles, ligaments, or tendons are damaged. These injuries may not be immediately visible but can cause lasting pain and limit mobility.
• Spinal Cord Injuries: Spinal injuries can lead to partial or full paralysis, depending on the severity. These can range from herniated discs to fractured vertebrae and require immediate care to prevent permanent nerve damage.
• Facial Injuries: Facial injuries can include broken noses, jaw fractures, dental damage, and eye trauma, especially if the rider isn't wearing a full-face helmet. These injuries can be disfiguring and may require surgical reconstruction.
• Psychological Trauma: Motorcycle accidents can also cause psychological injuries such as PTSD, anxiety, and depression. These emotional scars can be as debilitating as physical injuries and may require therapy or counseling for recovery.

The Difficulties of Recovering Compensation in a Motorcycle Accident Claim

Motorcyclists often face several legal challenges when trying to recover compensation from insurers after an accident. These challenges can be related to the nature of motorcycle accidents, how insurance companies operate, and legal factors that affect the claims process.

Here are some key challenges motorcyclists encounter:

Bias Against Motorcyclists

Insurance companies, the general public, and sometimes even law enforcement may have biases against motorcyclists. There is a common stereotype that motorcyclists are reckless or responsible for accidents due to their riding habits. This can lead to unfair assumptions about fault in an accident, which may result in lower compensation or even denials of claims.

Disputed Fault

One of the most significant challenges motorcyclists face is proving that the other party was at fault. In many cases, especially when another vehicle is involved, the other driver may attempt to shift blame onto the motorcyclist. Factors like:

• Lane splitting (riding between lanes, where legal).
• Speeding or sudden maneuvers.
• Lack of protective gear or helmet use.

These factors can be used against the motorcyclist in a claim, even though they may not have been the cause of the accident.