Brownsville Motorcycle Accident Attorney
We Fight for the Compensation Our Clients Deserve
The open roads of Cameron County attract riders year-round. Riding a motorcycle through South Texas offers a sense of freedom that other vehicles cannot provide, but that freedom comes with risks. In a collision between a passenger vehicle and a motorcycle, the rider almost always sustains the most serious injuries.
If you have been hurt in a motorcycle crash, you need a dedicated legal advocate by your side. Our law firm is committed to helping motorcyclists in Brownsville and throughout the state hold negligent drivers accountable. We take on the insurance companies so you can focus on healing.
The physical, emotional, and financial toll of a severe motorcycle accident can overwhelm a family. As medical bills skyrocket, the inability to work can add tremendous stress to your daily life. You deserve a legal team that will treat you with respect and fight aggressively for your future. Do not let an insurance adjuster pressure you into accepting less than you deserve.
Hard Facts About Texas Motorcycle Crashes
Statistics provided by the Texas Department of Transportation (TX DOT) reveal a grim reality for motorcycle riders. Hundreds of riders lose their lives, and thousands are seriously injured throughout the state every year. More than half of fatal motorcycle crashes are collisions with other vehicles, often because drivers do not see the motorcycles or misjudge their speed or distance. According to TX DOT data, forty percent of motorcycle fatalities occur at intersections.
The numbers highlight the vulnerability of riders on Texas roadways. Lacking the physical barrier of a car, motorcyclists are at risk of catastrophic damage upon impact. Even low-speed collisions can cause life-altering trauma. Recognizing the dangers, the state has implemented safety campaigns to remind drivers to look twice for motorcycles.
Despite statewide safety efforts, negligent drivers continue to cause catastrophic wrecks. If a careless driver has altered the course of your life, our Brownsville motorcycle accident attorney can help you seek justice. This requires detailed knowledge of state traffic laws and an aggressive approach to litigation.
Frequent Causes of Motorcycle Collisions in Cameron County
Some drivers fail to look out for motorcycles on the road. This form of negligence can lead to severe, completely avoidable accidents. The following are some of the most common causes of motorcycle crashes in the Brownsville area:
- Left-turn accidents: Drivers making left turns at intersections fail to gauge the speed of oncoming motorcycles. They turn directly into the paths of riders, causing catastrophic T-bone collisions.
- Unsafe lane changes: Motorists may fail to check their blind spots before merging or changing lanes. As motorcycles are much smaller than standard cars, they can easily disappear into drivers’ blind spots.
- Following too closely: Tailgating is dangerous under any circumstances, but particularly for motorcyclists. A driver following too closely may not have enough time to stop if a rider needs to slow down or brake suddenly.
- Running red lights: Speeding through intersections puts everyone on the road at risk. A motorcyclist caught in an intersection during a red-light violation has little or no time to evade the oncoming vehicle.
- Distracted driving: Drivers can be distracted by texting, eating, using dashboard displays, or anything that takes their eyes off the road, their hands off the wheel, or their attention off driving. A distracted driver can easily drift into a rider’s lane or rear-end a motorcycle at a stoplight.
- Impaired driving: Drivers who are intoxicated have poor judgment and delayed reaction times. They pose a threat to everyone on the road, and particularly vulnerable motorcyclists.
Injuries Caused by Motorcycle Wrecks
The physical toll of a motorcycle crash is often immense. Riders can be thrown from bikes or crushed under heavier vehicles. Motorcycle collisions often result in massive medical bills and long-term disabilities. The road to recovery can take months or even years of dedicated physical therapy. Common injuries include the following:
- Traumatic brain injury: Even with a National Highway Traffic Safety Administration (NHTSA) approved helmet, the impact of a motorcycle crash can cause severe brain trauma. Traumatic brain injury can lead to cognitive deficits, personality changes, and memory loss.
- Amputation: Crushing injuries in motorcycle collisions can damage limbs beyond repair. Surgical amputation requires expensive prosthetic devices and alters a victim’s life permanently.
- Spinal cord damage: A violent impact can fracture vertebrae or sever the spinal cord. This can result in partial or total paralysis and a lifetime of specialized medical care.
- Internal organ damage: Blunt force trauma in a collision can rupture the liver, kidneys, or spleen. Internal bleeding is a life-threatening emergency that requires immediate surgical intervention.
- Bone fractures: Broken legs, arms, ribs, and collarbones are common in motorcycle crashes. Multiple fractures may require surgical insertion of pins or plates.
- Road rash: Sliding across the pavement at a high speed can tear away layers of skin and muscle. Severe road rash is a painful injury with a high risk of infection that often requires skin graft surgeries.
What to Do After a Motorcycle Crash in Brownsville
Your actions immediately after a collision can affect your personal injury claim. Taking the right steps can help preserve crucial evidence and protect your right to full and fair compensation.
- Seek medical attention immediately. Call 911 so an ambulance can be sent to the accident scene. Even if you do not believe you are seriously hurt, adrenaline can mask the symptoms of internal injuries. A prompt medical evaluation creates an official record of your injuries and documents your condition on the day of the crash.
- Contact the Brownsville police. The responding officer will create an official crash report, a vital piece of evidence for your injury claim. The report contains details about weather conditions, the driver’s statements, and the officer’s initial assessment of fault.
- Take pictures of the accident scene if you are physically able to do so. Get photos of the vehicle damage, skid marks on the road, traffic signs, and your injuries. Collect contact information for any eyewitnesses to the crash. Witness testimony can be the key to proving another driver’s negligence.
- Protect your rights. Do not provide any recorded statement to the at-fault driver’s insurance company before speaking with a Brownsville motorcycle accident attorney. We can manage communications with insurance companies to prevent you from accidentally saying something that could harm your case.
Seeking Financial Compensation for Your Losses
A serious motorcycle accident can quickly drain your finances. While injuries prevent you from earning a paycheck, medical bills are piling up. We aggressively pursue maximum compensation for all your past and future damages. Our goal is to make you financially whole after a crash caused by someone else’s negligence.
Economic damages cover your quantifiable financial losses. These include emergency room bills, surgery costs, physical therapy, and prescription medications. They also include the wages or earnings you lost while you were unable to work and the cost of repairing or replacing your motorcycle. We calculate the exact amount you will need to cover future medical care.
Non-economic damages are compensation for your subjective losses. These often include physical pain, emotional suffering, mental anguish, and loss of enjoyment of life. A catastrophic injury can take away your ability to pick up your children or enjoy your favorite hobbies. You deserve financial recognition for these immense personal losses.
In cases of extreme recklessness, we may also pursue punitive damages, designed to punish the at-fault driver and deter similar dangerous behavior. Drunk driving accidents often warrant punitive damage awards in Texas courts.
FAQs About Motorcycle Accident Claims in Texas
How much time do I have to file a lawsuit?
You generally have two years from the date of the crash to file a personal injury lawsuit, as outlined in the Texas Civil Practice and Remedies Code. In most cases, if you miss the deadline, your claim will be forever barred. It is always best to consult with a lawyer as soon as possible so that evidence can be preserved.
What if I was not wearing a helmet?
As stated in the Texas Transportation Code, Section 661.003, riders over the age of 21 who meet certain training and health insurance requirements may ride without a helmet. Not wearing one does not automatically bar you from recovering compensation, although the defense may try to use it against you. Our seasoned motorcycle accident lawyer knows how to argue against these tactics.
Should I accept the insurance company’s settlement offer?
Initial settlement offers are almost always far less than what the claim is actually worth. Insurance adjusters hope you will accept a quick, lowball payment out of desperation. Always have an attorney review a settlement offer before you sign any paperwork.
What if I am partially blamed for the crash?
Texas follows a proportionate responsibility rule. You can still recover compensation if your fault for the accident is 50% or less, although your award will be reduced by the percentage of fault assigned to you. We know how to aggressively defend riders against unfair accusations of fault to maximize financial recovery.
What if the driver who hit me fled the scene?
Leaving the scene of an accident involving injury or death is a serious crime in Texas. If you are the victim of a hit and run, call the police immediately so they can investigate and attempt to track down the fleeing driver. If the driver is never found, you may still have options for compensation under your own uninsured motorist coverage.
How long does it take to settle a motorcycle accident case?
Every case is different and has its own timeline. While a claim involving relatively minor injuries may settle in a few months, a case with catastrophic injuries or disputed liability could take more than a year to resolve. We prioritize your physical recovery, ensuring the full extent of your future medical needs is known before we advise you to accept any settlement offer.
Is lane splitting legal in Texas?
Lane splitting is prohibited in Texas under the Transportation Code Chapter 545. Riders may not operate a motorcycle between lanes of traffic moving in the same direction or pass a motor vehicle in the same lane. As lane splitting is a documented traffic violation, insurance companies will use it against you to deny your injury claim. Nevertheless, if an accident occurred while you were moving between lanes, speak with an attorney to review the facts of your case before you give up on seeking compensation.
Why South Texas Riders Choose Our Law Firm
Insurance companies may harbor unfair biases against motorcyclists. An adjuster may try to paint you as a reckless rider to minimize your payout. Our seasoned motorcycle accident attorney knows how to counter these tactics. We gather hard evidence to prove the other driver was at fault, interviewing witnesses, pulling traffic camera footage, and analyzing the police report.
Raul A. Guajardo is both knowledgeable and caring. He is an award-winning attorney who has been practicing for 22 years. We prepare our cases for trial from day one to show the insurance company we mean business. If a fair settlement cannot be reached, we are not afraid to take your case in front of a Cameron County judge or jury.
Take the Next Step Toward Justice
The aftermath of a serious motorcycle wreck can be overwhelming, but you do not have to fight the battle alone. Let us shoulder the legal burden while you focus on your physical recovery. At the Law Office of Raul A. Guajardo, P.L.L.C., we are ready to stand up to insurance giants and fight for the financial stability your family needs. Time is of the essence in building a strong personal injury case. Contact us today at: Brownsville: 956-476-7074, Edinburg: 956-276-8819, or McAllen: 956-476-6055
