Recently, all of the lanes of westbound Ben White Boulevard at Congress were closed down due to an accident involving a motorcycle and another vehicle. Law enforcement reports stated that one adult man was transported to St. David’s South Austin Medical Center with ‘unknown injuries,’ and while it was not specified, it is likely that this was the motorcyclist. If you are involved in a similar motorcycle accident, it is important that you be aware of your options in trying to seek compensation for your injuries.
Statistics Show High Fatality Rates
The National Highway Traffic Safety Administration (NHTSA) estimates that motorcyclists are approximately “28 times as likely as passenger car occupants” to die in motor vehicle accidents. This may seem inflated, but there are multiple different reasons why this is the case, not least of all because motorcyclists lack the protection that passengers in vehicles have in the event of a crash. Motorcyclists have nothing between themselves and the road, while passengers in an automobile have metal, glass, and other safety measures to fall back upon.
Generally, motorcyclists are overrepresented in traffic deaths, making up approximately 15 percent of road fatalities while only around 3 percent of the vehicles on the road are motorcycles. There are countless causes of motorcycle accidents, but driver negligence is the main culprit. Unfortunately, drivers very often fail to check their blind spots or turn lanes when operating their vehicles, which can very often lead to motorcyclists being injured.
If You Are Injured
Motorcycle cases are sometimes difficult to win because juries can sometimes have an unfortunate bias against bikers – they may believe every biker is dangerous, or a risk-taker, or otherwise brought the accident on themselves. However, when it comes down to brass tacks, most motorcycle accident cases are brought under a theory of negligence. Negligence is defined as the failure to exercise a reasonable level of care toward another person, and many personal injury lawsuits are brought under that theory. If you can prove that the defendant’s actions were negligent, any bias should be irrelevant.
It is important to keep in mind that even if you are found to be partially involved, you should still be able to recover at least partially for your injuries. Texas law holds that if you are judged to be less than 50 percent liable, you may still recover from the defendant if you meet the other criteria for negligence. Any award will simply be lowered by your percentage of fault – for example, if you are ruled to be 30 percent liable, your award will be 30 percent less.
Contact a New Braunfels Motorcycle Accident Attorney
While no news on the injured person on Ben White Boulevard currently exists, any motorcycle accident can lead to serious injuries, and if you have been harmed, contacting an experienced attorney should be high on your list of things to do. The New Braunfels motorcycle accident lawyers at the Bettersworth Law Firm are well versed in this area of law and will fight hard to try and ensure that you get the fairest outcome possible. Call our offices today at 888-392-0039 to set up a free consultation.