Over 90 Years of Combined Motorcycle Accident Legal Experience

Motorcyclists in Baytown, TX face unique risks while navigating the city’s roads. Fatalities are significantly more common in motorcycle accidents than in other motor vehicle incidents, and injuries tend to be more severe. Without the protective enclosure of a car or truck, there’s little safeguarding a rider’s body on Baytown’s streets. Consequently, these accidents often result in severe injuries, temporary or permanent disability, and even death in this bustling Texas city.

Defensive riding is perhaps the best strategy to avoid catastrophic outcomes on Baytown’s roadways; even so, you can’t control how other people behave on the streets of this Gulf Coast community. If you have been injured in a motorcycle accident in Baytown, it is in your best interest to consult with a local motorcycle accident lawyer immediately. At Burwell Nebout Trial Lawyers, we have helped countless motorcycle accident victims in Baytown and the surrounding areas get the justice—and compensation—they deserve. Our highly skilled and experienced legal team, familiar with Baytown’s traffic patterns and local laws, will evaluate your case to determine the most appropriate legal strategy for moving forward. Contact our Baytown office today at (281) 645-5000 for a free and confidential consultation about your case.

Motorcycle crashes can occur for many reasons, and even among riders with years of experience. Some of the most common types of motorcycle accidents include:

  • Head-on collisions—The vast majority of these accidents involve crashing head-on with an oncoming vehicle or colliding with a stationary object. Sadly, head-on collisions are often deadly.
  • Left-hand turn strikes—Riders must exercise extra caution when a car makes a left-hand turn. Motorcycle-auto accidents frequently occur when a car turning left hits a motorcycle as the rider attempts to pass the car or proceed through an intersection.
  • Colliding with stationary objects—Approximately 25 percent of fatal motorcycle accidents occur when the rider collides with a fixed object, compared to 18 percent of fatal car crashes. If you can prove that a property owner was negligent in placing the object—a mailbox, for example—too close to the road, you may be able to recover damages. The same is true with regard to park construction equipment that lacks reflective placards.
  • Road hazards. Because a motorcycle is smaller and less stable than a car, motorcyclists must exercise even more caution when riding in unfavorable weather conditions, through construction zones, and on poorly maintained roads.

Types of Motorcycle Injuries

In Baytown, TX, motorcyclists face heightened risks due to their exposed position and smaller vehicle size compared to other road users. This vulnerability significantly increases the likelihood of serious injuries in the event of a crash. Some of the most frequent injuries experienced by motorcycle riders in Baytown accidents include:

Without the protection of a metal frame, motorcyclists are likely to contact the road during a crash.

  • Road rash — Because there is no metal frame surrounding motorcyclists, a rider will likely make contact with the road if they crash. Road rash occurs when a rider’s body slides along the pavement. The pavement cuts through clothing and can remove the topmost layers of skin. In mild cases, road rash will expose you to infection and can increase skin sensitivity once healed. In more severe cases, it can cause superficial nerve damage. Wearing sturdy protective gear designed for motorcycle riding can reduce or prevent road rash.
  • Head injuries — Traumatic Brain Injuries (TBIs)frequently occur in motorcycle accidents, especially if the rider is not wearing a helmet at the time of the crash. If you are over 21 and have either (a) completed a Motorcycle Operation Training Course or (b) have proof of at least $10,000 medical insurance coverage, Texas law does not require you to wear a helmet while riding. However, it’s good practice to do so, as helmet use dramatically decreases the likelihood of a TBI if you are involved in a crash. TBIs can have a serious and long-lasting impact on your life, including memory issues, impaired thinking and executive function, and seizures.
  • Spinal Cord Injuries (SCIs). Depending on their severity, SCIs can result in numbness, impaired movement, and paralysis.
  • Broken bones. Similar to road rash, it’s common for motorcyclists to break bones upon impact, especially ribs, legs, arms, the skull, and the collarbone.
  • Traumatic muscle injuries (soft tissue injuries). These injuries are either direct results of impact during the crash or manifest indirectly due to other injuries. For example, severe road rash can damage upper muscle layers, and broken bones can injure surrounding muscle tissue when they shatter.

What to Do After a Motorcycle Accident

The moments following a motorcycle accident are critical to the outcome of a personal injury case. Most of the rules for auto accidents apply to motorcycle accidents as well.

Do’s

If you are conscious and able, do:

  • Exchange contact and insurance information with any other individuals involved in the accident;
  • Document as much as possible before leaving the scene, including taking pictures of the vehicles, the surrounding area, and your injuries;
  • Tell the police officer exactly what happened without assuming fault of any kind, and
  • Take yourself to the nearest emergency room to receive medical attention, even if you feel fine. Internal injuries are serious, and it can take hours or even days for someone to realize they are injured after an accident.
Do’s
Don’t’s

Don’t’s

Regardless of the circumstances, you should never:

  • Leave the scene until the police officer responding to the accident instructs you to do so unless you require immediate medical attention;
  • Admit fault to the police, any other involved party, or your insurance company; and
  • File an official report with your insurance company before going to a doctor.

 

Many Baytown residents who feel fine after a motorcycle accident contact their insurance company immediately to handle the paperwork. Once that report is submitted, the insurance company uses it to determine fault and calculate the payout amount. However, some injuries common in Baytown motorcycle crashes, such as closed head injuries and spinal trauma, may not produce symptoms for days or even weeks after the incident. It’s extremely challenging to modify your report later, potentially affecting your claim. For your protection, it’s advisable to consult with a Baytown motorcycle accident lawyer if you’ve been involved in an accident, even if you initially feel unharmed. A local attorney familiar with Baytown’s traffic patterns and Texas insurance laws can help ensure your rights are protected and all potential injuries are considered in your claim.

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The Process for Filing a Claim After a Baytown Motorcycle Accident

Texas, including Baytown, is an “at-fault” state, meaning the party deemed responsible for the accident pays damages to the injured parties. Consequently, insurance companies serving Baytown residents won’t pay out until they’ve determined fault in an accident.

During this investigation period, however, Baytown injury victims’ expenses can accumulate rapidly—medical bills, lost wages, and property damage can all inflict serious financial strain. That’s why it’s crucial for Baytown motorcyclists to consult with an experienced personal injury attorney as soon as possible after an accident. Your Baytown motorcycle accident lawyer can ensure the investigation proceeds efficiently and position you for the most favorable outcome possible.

It’s important for Baytown residents to remember that insurance companies are primarily businesses, focused on maximizing profits while minimizing expenses. Therefore, an insurance company’s initial settlement offer to a Baytown accident victim is almost always significantly less than what they truly deserve.

Given this reality, it’s essential for Baytown motorcyclists to work with an experienced local accident lawyer who understands the nuances of Texas law and can help recover the maximum available compensation. At Burwell Nebout, we always strive to avoid court proceedings for our Baytown clients, but if a reasonable settlement can’t be reached, we’re prepared to take your case to trial in the local courts and fight for the full compensation you deserve under Texas law.

Damages You Can Receive After a Baytown Motorcycle Accident

The money sought in lawsuits is intended to make up for the damage caused by the defendant. As such, the amount you ask for is referred to as “damages.”There are two primary kinds of potential damages in a motorcycle accident case—economic and non-economic.

Economic

Economic

Personal injuries often come with financial burdens. By suing the at-fault party, you can seek damages to address various costs.  For example, medical bills and treatments for injuries, lost wages due to incapacitation and inability to work, and expenses related to vehicle repairs.

Non-economic

In Baytown motorcycle accident cases, non-economic damages, while quantifiable, often present a greater challenge to assess. These damages stem from intangible harms typically associated with personal injury or wrongful death incidents in the Baytown area. Common types of non-economic damages for Baytown residents include pain and suffering, mental anguish, impairment, disfigurement, and trauma resulting from surviving a severe accident on Baytown’s roads.

In wrongful death cases involving Baytown motorcyclists, individuals who lose their spouse in an accident may pursue damages for loss of consortium. This encompasses the deprivation of companionship, affection, and comfort typically provided by a life partner. Baytown residents should be aware that loss of consortium may also be sought in personal injury cases.

For instance, if a motorcycle accident on Baytown’s streets results in paralysis from the waist down, causing an inability to engage in sexual activity with their spouse, the injured party may seek damages for loss of consortium. This type of claim recognizes the profound impact such injuries can have on personal relationships and quality of life for Baytown residents.

It’s crucial for Baytown motorcyclists and their families to understand these nuanced aspects of non-economic damages. A skilled Baytown motorcycle accident attorney can help victims navigate these complex areas of the law, ensuring that all relevant non-economic damages are properly evaluated and pursued. This approach helps to secure fair compensation that truly reflects the full extent of the harm suffered by accident victims in the Baytown community.

Non-economic

Texas Statute of Limitations on Motorcycle Accidents

In Texas, there’s a two-year window from the date of the motorcycle accident to initiate a personal injury claim. Once this period, known as the statute of limitations, lapses, your ability to recover damages may be forfeited. It’s crucial not to underestimate the importance of time in filing your claim. Delaying until the eleventh hour can significantly undermine your case, prolong its resolution, and potentially lead to failure in identifying all responsible parties for your injuries.

How a Baytown Motorcycle Accident Lawyer Can Help You

After a motorcycle accident in Baytown, a personal injury lawyer plays a crucial role in ensuring you receive the justice and compensation you deserve, allowing you to focus on recovery. From dealing with assertive insurance companies to advocating for the highest settlement, a Baytown motorcycle accident lawyer is your strongest ally in navigating the complex legal landscape of Texas personal injury law.

Your Baytown attorney acts as a buffer between you and the insurance company during the claims process, protecting you from inadvertently weakening your claim or assuming fault. This is particularly important given the intricacies of Texas’s “at-fault” system and the unique risks motorcyclists face on Baytown’s roads.

By enlisting the help of a skilled Baytown motorcycle accident lawyer, you’re not just hiring legal representation – you’re gaining an advocate who understands the local context of your case and can fight for your rights within the Texas legal system. This local expertise can be crucial in securing the full compensation you deserve for your injuries and losses suffered on Baytown’s streets.

Case Result

Automobile Accident

$19.2 million

Two clients killed as a result of a special defect in the shoulder of the roadway. A state court jury trial resulted in a $19.2 million verdict.

Premises Liability

$10 million

Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.

Liberty County Record Verdictt

Record setting verdict

Two high school seniors were on their way home on a stretch of road that had been the subject of repeated complaints to the Texas Department of Transportation (TXDOT) about the poor condition of the shoulder. When the students entered a curve, the poor condition of the shoulder resulted in a crash that killed one and severely brain-damaged the other. A trial against the Texas Attorney General’s office resulted in the discovery of altered records, a spoliation instruction, and a record-setting jury verdict for Liberty County.

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