Odessa Motorcycle Accident Attorney

Riding a motorcycle is an excellent way to get outside and travel throughout Odessa. Unfortunately, other drivers don’t pay attention and make maneuvers on the road that can cause injuries to a motorcyclist.

These drivers are often oblivious to these riders on the road. However, that is no excuse for their actions. Any reckless or negligent behaviors make them responsible for any accidents.

If you have been involved in a bike crash, you will want to talk to an Odessa motorcycle accident lawyer. At the Barrera Law Group LLC, we understand that you want to hold these drivers accountable for their actions.

When you have mounting medical bills and other expenses, you have the right to seek compensation. Reach out to us today to take those next steps for your case.

What Makes Motorcycles More Susceptible to Accidents on the Road?

Unfortunately, crashes like these are more common than you may think. According to the Texas Department of Transportation, 8,577 motorcycle accidents occurred in 2022.

When these vehicles hit a motorcycle, they can cause serious injuries. So why are motorcycles more susceptible to these crashes? Some reasons include the following:

Lack of Visibility

Unlike cars, trucks, and SUVs, motorcycles are smaller and make less of a footprint on the road. When they are surrounded by larger vehicles or ride in heavy traffic, the compact size of the bikes makes them less noticeable to other drivers.

Distracted Driving

Distracted driving is a problem on every road. Today, many drivers will do all sorts of activities behind the wheel besides actual driving. Everything from smartphones to navigation systems can take their attention off the road.

In a split second, a sudden maneuver from another vehicle can lead to an accident with a motorcyclist.

Road Conditions

Motorcycles are sensitive to road surface irregularities. Potholes, debris, and uneven pavement can cause loss of control. Also, oil spills, wet leaves, or gravel reduce traction, making braking and cornering riskier.

Weather Conditions

Unfortunately, rain, snow, wind, and fog can affect these vehicles more than cars or trucks. Plus, slippery roads can increase the bike’s braking distance. Since motorcycles have only two wheels, they are less stable than four-wheeled vehicles. Poor weather can lead to loss of balance.

Now that we know why motorcyclists need to be careful on the road, what are some common causes of these accidents:

• Driving under the influence: Anyone driving under the influence increases the risk of accidents, especially with motorcycles. These drivers have reduced coordination, impaired judgment, and slower reaction times. Alcohol impairs balance and decision-making, making it dangerous for everyone on the road.
• Speeding: Excessive speed is a common factor in motorcycle accidents. It reduces reaction time and makes avoiding obstacles, like a motorcycle, harder.
• Road rage: Aggressive behavior on the road can escalate into accidents. Drivers who tailgate, make aggressive lane changes, and confront other drivers can endanger motorcyclists.
• Fatigue: Drowsy or sleepy riders are more prone to accidents. Tired driving affects concentration, reaction time, and decision-making.
• Improper lane usage: Incorrect lane changes, weaving between cars, or lane splitting (riding between lanes) can lead to collisions.

Collisions involving motorbikes result in a wide range of injuries, from minor cuts and bruises to severe head trauma and spinal cord damage.

The Most Common Motorcycle Accident Injuries

No matter how a motorcyclist gets involved in an accident, it can lead to serious injuries.

Many times, they will require extensive medical treatment and rehabilitation to help them regain their daily activities. Some of the most common motorcycle accident injuries include:

• Broken legs, arms, and ribs
• Road rash
• Head injuries, traumatic brain injuries (TBIs)
• Spinal cord injuries
• Fractures and dislocations
• Internal injuries
• Lacerations and contusions
• Muscle strains and sprains
• Amputations
• Death

How To Prove Someone Was at Fault

Determining negligence is a key element of these claims in all personal injury cases. Negligence happens when someone acts recklessly or carelessly. On the road, all motorists must take reasonable care to avoid getting into accidents that can cause injuries.

The other driver could be liable for injuries and damages if they fail their duty of care (or exercise reasonable care). Some examples of driver negligence may include:

• Speeding through the intersection
• Distracted driving, such as texting while driving
• Failure to signal before making a turn
• Running a stop sign and a red light
• Making aggressive maneuvers
• Ignoring mirrors and blind spots during lane changes

In these cases, you will need to gather evidence that will be invaluable to your claim. To prove negligence, you will want to take photos or video of the scene, including any injuries and property damage.

Also, make sure you get the driver’s name, license plate number, and insurance information. You always want to obtain the information from any eyewitness. They can help you piece together the factors of the incident.

Finally, don’t forget about the police report. These reports will provide a third-party account of the accident, which can help to establish negligence in the case.

If this seems like a lot of work, it can be for someone to handle on their own. For this reason, you will want a skilled and experienced Odessa motorcycle accident lawyer to assist with your claim. Make sure to reach out to Barrera Law Group LLC to find out how we can assist with your case.

Texas Laws That Could Affect Your Motorcycle Accident Cases?

Texas follows a modified comparative negligence rule. This determines how compensation is awarded in personal injury cases like motorcycle crashes.

The rule states that even if the injured party shares some responsibility for the accident, they can still recover compensation, with some conditions. However, there is a threshold. For example, if the plaintiff is 51% or more responsible, they are completely barred from recovering any compensation from other parties. So, if you were found to be 51% or more responsible, you could not pursue a claim against the other party.

Remember that if your degree of fault is less than 51%, you can still seek compensation, but it will be reduced based on your share of responsibility. For example, if you were found to be 40% responsible for the accident, your compensation would be decreased by 40%.

Additionally, you will need to be mindful of the state’s statute of limitations.

Motorcycle injury or wrongful death claims must be filed within two years from the time of the accident. If you fail to file a claim within this deadline, you could be barred from seeking compensation for your claim.

Get Legal Assistance for Your Odessa Motorcycle Accident Case

Many of these cases can be complicated. Between determining liability and proving negligence, you need an experienced law firm to assist with your case. An Odessa motorcycle accident lawyer can help with these claims.

If you are ready to take the next steps forward with your personal injury claim, contact an attorney. Reach out to us to schedule a free initial consultation at Barrera Law Group LLC.