Motorcycle Accident Lawyers in Katy, Texas
Motorcyclists in Katy, TX, face serious risks on the road due to their lack of protective barriers. Unlike cars and trucks, which have enclosed cabins, seatbelts, and airbags, motorcyclists are exposed directly to the impact of a collision. Motorcycle accidents can result in catastrophic injuries, such as broken bones, traumatic brain injuries, or spinal cord injuries. Without the structural protection that larger vehicles offer, motorcyclists are far more vulnerable to being thrown from their bikes, crushed by larger vehicles, or suffering fatal injuries in high-speed crashes.
At Amanda Demanda Injury Lawyers, our Katy motorcycle accident attorneys are fierce advocates for riders who have been injured due to negligent drivers. With a proven track record of large settlements and verdicts, our team is relentless in holding at-fault drivers accountable for the devastating harm they cause. We understand the unique vulnerabilities motorcyclists face, and we fight aggressively to ensure our clients receive the maximum compensation for their injuries, lost wages, medical bills, and pain and suffering. Our personal injury lawyers Katy are ready to go head-to-head with insurers, refusing to settle for anything less than full and fair compensation.
Motorcycle Safety Laws in Texas
Our Katy motorcycle collision lawyers at Amanda Demanda Injury Lawyers will use the state law to your total advantage and hold the negligent parties accountable for damages.
Motorcycle License Requirements
To operate a motorcycle in Texas, riders must hold a valid Class M license. Obtaining this license requires passing a written test and a motorcycle skills test. Alternatively, completion of a Motorcycle Safety Foundation (MSF) course is accepted in place of the skills test. (Texas Transportation Code § 521.148)
Helmet Laws
Texas requires all riders under 21 years of age to wear a helmet while operating or riding on a motorcycle. Riders aged 21 and older are exempt from wearing helmets if they have completed an approved motorcycle safety course or hold medical insurance covering motorcycle-related injuries. Despite the exemption, wearing helmets is highly recommended due to the significant reduction in the risk of head injuries. (Texas Transportation Code § 661.003)
Eye Protection
The Texas Department of Public Safety (DPS) recommends motorcyclists to have either a windshield or wear protective eyewear, such as goggles or face shields, to protect their eyes from debris and insects that could obstruct vision and lead to accidents.
Lane Splitting
Lane splitting, the practice of riding between lanes of stopped or slow-moving traffic, is not legal in Texas. Motorcyclists must ride in a designated lane like any other vehicle, and failure to do so could result in a citation. (Texas Transportation Code § 545.060)
Passenger Laws
Motorcycles designed to carry passengers must have footrests for the passenger, and passengers are required to use these footrests. Additionally, no more than two riders may ride side by side in a single lane. (Texas Transportation Code § 545.416)
Daytime Headlight Requirement
Motorcycles in Texas must have their headlights on during the day to increase visibility. This is a crucial safety measure to ensure that other motorists can easily spot motorcyclists on the road. (Texas Transportation Code § 547.801)
Laws for Motorists to Ensure Safety of Motorcyclists
- Following Distance: Texas law mandates that drivers should maintain a safe following distance behind motorcycles, considering that motorcycles can stop more quickly than larger vehicles. (Texas Transportation Code § 545.062)
- Yielding the Right of Way: Drivers must yield the right of way to motorcyclists at intersections and when merging. Failing to do so is a common cause of motorcycle accidents and is illegal. (Texas Transportation Code § 545.153)
- Turning and Lane Changes: When turning or changing lanes, other motorists must ensure that their actions do not endanger motorcyclists, who are often harder to see due to their smaller size. This includes using turn signals and double-checking mirrors and blind spots. (Texas Transportation Code § 545.104)
How Our Katy Motorcycle Crash Attorneys Will Fight the Stereotypes Motorcyclists Face in Accident Claims
Motorcycle riders may face unfair stereotypes in accident claims, with many people assuming that riders are inherently reckless and seek thrill through dangerous riding practices. At Amanda Demanda Injury Lawyers, we provide strong motorcycle accident legal support to Katy in these cases. Our motorcycle injury lawyers in Katy understand the biases of insurers and even the judges and juries in some cases and are prepared to counter them aggressively.
Proving Fault with Solid Evidence
Our Katy motorcycle accident lawyer will begin by gathering critical evidence such as police reports, eyewitness statements, surveillance footage, and photos and videos from the crash site. This ensures that the facts are established clearly, showing that the motorcyclist was not at fault and disproving the stereotype that motorcyclists are reckless by nature.
Utilizing Expert Witnesses
Our Katy motorcycle accident lawyers will bring in accident reconstruction experts, medical professionals, and forensic specialists to provide an objective analysis of the crash. These experts help break down the specifics of the accident, debunking any preconceived notions that may unfairly paint the motorcyclist as negligent.
Highlighting Traffic Law Adherence
Our Katy motorcycle accident attorney will highlight the rider’s adherence to Texas traffic laws, including speed limits, proper lane usage, and signaling. Demonstrating that the motorcyclist was following the rules of the road dismantles the assumption that motorcyclists are more prone to dangerous or illegal behavior.
Challenging Insurance Company Tactics
In motorcycle accident cases, insurance companies may try to exploit stereotypes to shift blame onto motorcyclists. Our experienced motorcycle accident attorney is skilled in countering these tactics by presenting solid legal arguments and ensuring that insurers focus on facts rather than biases against the injured motorcyclist.
Personalizing the Injured Rider’s Story
We humanize our clients, sharing the real stories behind their rides—whether they are commuting, passionate about motorcycling, or simply enjoying the road. By emphasizing the motorcyclist’s responsible behavior and lifestyle and highlighting their history of disciplined riding, we combat the perception that they are inherently thrill-seekers or risk-takers.
Modified Comparative Negligence Rule: How it May Affect Your Head Injury Claim in a Motorcycle Accident
Texas follows the modified comparative negligence rule, which can significantly impact your traumatic brain injury (TBI) claim following a motorcycle accident. Under Texas Civil Practice and Remedies Code §33.001, if you are found to be partially at fault for the accident, your compensation will be reduced by the percentage of your fault. Notably, if you are found to be 51% or more at fault, you will be barred from recovering any compensation. This harsh rule under Texas personal injury law raises the stakes for motorcycle accident victims, especially when defendants attempt to shift the blame to avoid liability for severe injuries like TBIs.
Stakes are High in Motorcycle Accidents: The Defendant Will Attempt to Shift Blame
In motorcycle accidents, defendants and their insurers may argue that the motorcyclist was partly to blame for their severe injuries. They could claim that the rider was speeding, failed to signal, or wasn’t wearing a helmet, all to reduce the defendant’s liability. In cases involving traumatic brain injuries, the stakes are even higher, as the compensation for medical care, lost income, and long-term rehabilitation can be substantial. To escape or minimize liability, defendants will frequently argue that the motorcyclist’s negligence contributed to the accident or the extent of their injuries.
How Our Katy Motorcycle Injury Lawyers Will Fight Back and Maximize Your Compensation
Our experienced Katy personal injury lawyers at Amanda Demanda Injury Lawyers are prepared to counter these arguments and protect your rights to total compensation through evidence-based settlement negotiations or fighting a motorcycle accident lawsuit in court. Here’s how we do it:
Comprehensive Evidence Collection
We will gather critical evidence from the accident scene, such as surveillance footage, police reports, and eyewitness statements, to build a strong case proving the defendant’s fault. This also includes forensic analysis and accident reconstruction to refute any claims that you were at fault or partly to blame for the crash.
Expert Opinions for Helmet Usage
In cases where helmet use is disputed, we work with medical experts to demonstrate that the brain injury occurred as a result of the crash itself, not because of a lack of helmet use. Texas does not require helmets for riders over 21 who meet certain conditions (Texas Transportation Code §661.003), and we ensure that helmet usage is not unfairly used against you.
Focus on the Defendant’s Negligence
We will focus on the defendant’s negligence, whether it involves distracted driving, speeding, or failure to yield by the drivers of passenger vehicles or commercial trucks and buses. Our team will dig into the defendant’s driving records, possible violations of traffic laws, or other misconduct that contributed to the accident. We will also subpoena the defendant’s phone records, dashcam footage, and other evidence to demonstrate that the blame lies with them.
Countering Insurance Company Tactics
Insurance companies may attempt to reduce or deny your claim by asserting that you were partially responsible. Our attorneys are well-versed in countering these tactics. We will present compelling legal arguments backed by evidence, demonstrating that you followed all traffic laws and were not to blame for the crash or the severity of your injuries.
Expert Witness Testimonies
We will bring in expert witnesses, including medical professionals, accident reconstructionists, and financial experts, to testify on the full extent of your TBI, its impact on your life, and the actual liability of the defendant. This testimony will be critical in maximizing your compensation for current and future medical expenses, lost wages, and pain and suffering.
Frequently Asked Questions on Katy Motorcycle Accidents
How Does Texas’ “Negligence Per Se” Doctrine Apply to Motorcycle Accident Claims in Katy?
Under Texas law, negligence per se can be used to prove fault in a motorcycle accident if the defendant violated a traffic law meant to protect the safety of others, such as speeding, running a red light, or drunk driving. In such cases, violating a statute automatically establishes negligence, which can strengthen your claim. Your attorney will gather evidence to prove that the other driver’s violation of the law caused your injuries.
Can I Recover Damages for Emotional Distress After a Motorcycle Accident in Katy, TX?
Yes, Texas law allows motorcyclists to seek damages for emotional distress or mental anguish as part of a personal injury claim. However, emotional distress must be proven with specific evidence, such as medical records from therapists or psychiatrists, testimony from family members or colleagues, and a detailed account of how the accident has impacted your daily life. Texas Civil Practice & Remedies Code §41.001 provides the framework for recovering non-economic damages like emotional distress.
What Happens If the At-Fault Driver in My Motorcycle Accident is Uninsured or Underinsured?
In Texas, you may still recover compensation through uninsured/underinsured motorist (UM/UIM) coverage if you carry it under your motorcycle insurance policy. UM/UIM coverage can help cover your medical expenses, lost wages, and other damages when the at-fault party doesn’t have sufficient insurance. If you do not have this coverage, your attorney can help explore other legal avenues for recovery, such as suing the at-fault driver personally.
Can a Passenger on a Motorcycle File a Personal Injury Claim After an Accident in Katy, TX?
Yes, a passenger involved in a motorcycle accident has the right to file a personal injury claim. You can seek compensation from multiple parties, including the motorcycle operator, other vehicle drivers, or even a third party, such as a road maintenance company, depending on who was at fault. Passengers are generally not subject to the same negligence defenses that a motorcyclist might face, making it easier to recover total compensation.
Get Strong Legal Representation from Proven Katy, TX Motorcycle Accident Lawyers
If you or a loved one has been injured in a motorcycle accident in Katy, TX, turn to the trusted team at Amanda Demanda Injury Lawyers. Attorney Amanda Demanda and her team will move fast to collect compelling evidence for your case and relentlessly pursue justice and compensation for you. With a formidable reputation as a legal powerhouse in both courtroom battles and settlement negotiations, Amanda Demanda has transformed her law firm into a recognized name across Texas. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.