Midland Motorcycle Accident Attorney

When you purchase a motorcycle, you’re excited about feeling the wind on your face and the freedom of the open road. However, before you can hit the road, you need to obtain a Class M license. That includes a special written and road test. That extra certification is designed to keep you safe when riding because motorcyclists are at a greater risk of getting into an accident.

Even if you take every precaution when riding, you can’t stop another motorist from stopping short or swiping into you.

If you or someone you love has been injured or killed while on their motorcycle, a qualified Midland motorcycle accident lawyer is here for you. At Barrera Law Group LLC, we have experience with accidents in West Texas and will fight for you to receive the most compensation possible for your injuries.

Common Causes of Motorcycle Accidents

In Midland, between the large numbers of oil trucks, airport traffic, and college attendees from UT Permian Basin, roads like Interstate 20 can be dangerous for motorcycle riders in the following ways:

• Speeding: Drivers who have excessive speed above the posted limits are less likely to be able to react or stop in time to prevent damaging accidents.
• Aggressive driving: Incidents like road rage are on the rise and can lead to dangerous behaviors that cause unnecessary accidents.
• Driving under the influence of alcohol or drugs: Getting behind the wheel while under the influence of anything, even prescription drugs, can severely inhibit a driver’s ability to react appropriately and properly follow driving laws.
• Fatigued driving: Midland has a lot of drivers on the road who are overworked truckers or college students who are up late studying. In these cases, a drowsy driver is behind the wheel and can cause an accident.
• Distracted driving: Despite the hands-free driving laws in Texas, a lot of drivers still have distractions, such as eating, applying makeup, looking at a GPS, or talking to their passengers.
• Running stop lights or stop signs: Texas drivers are notorious for red light running or “beating the light” that contribute to intersection accidents, which are the most common cause of motorcycle accidents and injury.
• Improper turns or lane changes: Turning from the incorrect lane or changing lanes without using a turn signal is dangerous, especially for motorcyclists, as they are more likely to suffer severe injury from even the smallest sideswipe or bump.
• Failure to yield the right of way: Most commonly, this happens when a driver pulls into an intersection when traffic isn’t clear or merging onto a freeway without yielding to the vehicles that are already there.
• Tailgating: Texas has laws relating to following distance while driving, and the Texas Department of Public Safety (DPS) Texas Driver Handbook recommends that when driving under 30 miles per hour (mph), there should be 2 seconds of following distance, and when driving over 30mph there should be 4 seconds of following distance.

These are the most common causes of vehicle accidents, and all of them are avoidable. Motorcyclists are always on alert because they know that other drivers often don’t see them and how easily other vehicles can hit them.

Drivers of trucks, cars, or other large vehicles need to be consciously aware of motorcycles on the road and drive safer, giving more space and checking their blind spots more frequently.

Motorcycle Crash Statistics in the Lone Star State

According to data from the Texas Department of Transportation (TxDOT), nearly 600 motorcyclists were killed in crashes in 2023, and over 2,400 were seriously injured. That represents a 7% increase over the previous year.

All roads present danger to motorcyclists, but roads in the Permian Basin can be especially deadly, specifically on the following highways:

• Interstate 20
• U.S. Highway 385
• State Highway 302
• State Highway 115
• State Highway 18

Common Injuries from Motorcycle Accidents

It’s well-known that motorcycle crashes are often deadly, mostly due to the lack of protection the motorcycle offers the rider but also because a lot of motorcycle drivers don’t wear all of the recommended protection, such as helmets or full-body protective suits.

So, when an accident involving a motorcycle occurs, the following devastating injuries are likely to happen:

• Bone fractures
• Soft tissue injuries
• Road rash
• Internal injuries
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Death

In the event of a fatal motorcycle crash, the surviving spouse, children, or parents of the deceased can pursue a wrongful death suit so that those liable for the accident can still be held responsible and the family can still receive a settlement.

Know that Barrera Law Group LLC has experience with these kinds of cases. We’re just a phone call away, ready to help you during this difficult time.

A Midland Motorcycle Accident Lawyer Can Determine Liability for Your Crash

In order to prevail in your claim, you need to work with your Midland motorcycle accident lawyer to prove the four elements of negligence:

• Duty of Care
• Breach of Duty
• Causation
• Damages

Those elements are all connected to the accident. The duty of care refers to the responsibility of drivers to follow traffic rules and be alert to your presence on the road. They could breach that duty by speeding, changing lanes without warning, or other reckless driving. When that breach is the reason for your accident, it is the causation. The damages are all the losses you’ve incurred due to that accident.

It is also essential to identify the specific at-fault party, which could be one of the following:

Other Drivers

Other drivers on the road can be the cause of your accident. This can include a semi-truck driver not checking his mirrors enough to see you on your motorcycle before he makes a turn or switches lanes. Even a teenage driver on her cell phone or applying makeup while driving and not paying complete attention to the road or the traffic around her can cause a crash.

Driver error is the number one cause of all vehicle accidents, and even with the Share the Road: Look Twice for Motorcycles safety campaign from TxDOT, motorcyclists are still in constant danger from other drivers.

Motorcycle Manufacturers

While we’d like to blame other drivers solely, sometimes the manufacturers of motorcycles themselves are responsible. A defect in the framework, engine, fuel tank, brakes, wheels, etc., can cause unexpected and devastating malfunctions at any point when a motorcycle rider is out on the road.

State and Local Governments

Your local and state government is responsible for keeping the roads in good condition, including repairing potholes or repaving worn-out areas of streets. In the State of Texas, we all pay taxes specifically allocated for the maintenance and improvement of roads, so when government entities don’t use those funds in a timely manner or fail to mark known hazards, it can lead to unsafe road conditions that cause accidents.

Expected Settlements for Motorcycle Accidents

Every case is different, and the settlement one person receives is not likely to be the exact same as another. However, in most motorcycle accident claims, the victim or their family can expect compensation for a variety of damages, such as the following:

Economic damages:

• Repair or replacement costs for your motorcycle
• Reimbursement for lost wages during injury recovery
• Compensation for future earnings if your injury prevents you from going back to work
• Payment for current and future medical bills
• Physical therapy and rehabilitation
• Costs of long-term care in the case that the injured person is disabled due to the accident

Noneconomic damages:

• Pain and suffering
• Loss of companionship
• Disfigurement
• Disability or physical limitations
• Mental anguish
• Emotional distress
• Loss of consortium (injury or death of a spouse/partner)
• Loss of enjoyment of life

In the unfortunate event that a motorcyclist is killed in an accident, the family may receive the following compensation in a wrongful death claim:

• Funeral and burial costs
• Lost earnings and inheritance
• Pain and suffering (for both the deceased and their survivors)
• Loss of love and companionship
• Loss of support and guidance
• Medical expenses

Under Texas law, the deadline, or statute of limitations, to file a motorcycle accident lawsuit is two years from the date of the accident or from the date that your injuries were discovered. It’s best to contact an attorney as soon as possible after your accident to ensure your case is filed in the appropriate timeframe so you can receive the compensation owed.

Barrera Law Group LLC – Protecting Texas Bikers

We understand that the aftermath of a motorcycle accident is difficult and stressful, and we want to make it easier for you. We want you to be able to focus on healing and recovery while we handle the legal details of your case.

If we determine that your case has merit, we’ll dedicate the proper staff to thoroughly investigate the accident. We’ll gather all the relevant evidence and records supporting your version of events. We can provide support beginning with your initial insurance claim and up through a civil trial, if necessary.

Reach out to our office today, either by phone or our online form, so that a knowledgeable and compassionate lawyer from our team can discuss your case in a free, no-obligation consultation with a Midland motorcycle accident lawyer.

At Barrera Law Group LLC, we’re here for you, and we’ll fight for justice for your injuries.