Texas Motorcyclists Risk Fatal Accidents in Crashes with Fixed Objects

On Friday night just after 10 p.m., a 24-year old rider lost his life in a tragic, fatal motorcycle accident when he lost control of his Yamaha YZF bike on South Sergeant Macario Garcia Drive. He hit a concrete barrier and the impact ejected him from his Yamaha bike over an overpass barricade. The man fell 30 feet from the Houston Ship Channel Bridge overpass to his death. (Source: Brian Rogers, Houston Chronicle, 4/27/13) The hearts and prayers of our Pearland motorcycle accident attorneys are with the man’s friends and family at this time.

Unfortunately, that man’s death was not an isolated incident nor a freak accident. Motorcyclists face a higher risk of death from collision with a fixed object in part due to the danger of being ejected from their bikes. They don’t have seatbelts, and they’re not enclosed in their vehicles. And if they’re not wearing helmets, their risk of a fatal accident goes up by as much as 60%.

Motorcycles are the Most Dangerous Vehicles to Drive

U.S. NHTSA data shows that year after year, an average of 25% of fatal motorcycle accidents occur when the rider has a collision with a fixed object such as a concrete barrier, a tree, fallen cargo, stalled or parked cars, an unlit truck trailer, or a pole. IIHS (Insurance Institute for Highway Safety) data reveals that more than half of all vehicle collisions with fixed objects happen at night. At night, our Pearland motorcycle accident attorneys emphasize that drivers are less likely to be able to see obstacles in their path until it’s too late to avoid a crash.

Statistically, motorcycles are by far the most dangerous vehicles to drive. They make up only around 3% of all registered vehicles in the United States, but account for about 15% of all fatal accidents. The Pearland motorcycle accident attorneys at Denena Points, PC understand that the risk and the danger of riding motorcycles provide part of their allure for some riders. Click the link to learn more about your risk of a fatal accident from a collision with a fixed object.

What You Should Know about Fault in Bay City TX Motorcycle Crash Cases

When you’ve been injured in a Bay City, TX motorcycle crash because of another driver’s negligence, you need to be able to make a successful accident claim for financial compensation to cover your expenses after a wreck. Because motorcycles operate at high speeds just like any other vehicle, and yet they offer their riders little or no protection in the event of a crash, motorcycle accidents easily have the highest costs of any type of vehicle accident. Our Bay City motorcycle accident attorneys note that in a great many cases, they cost the rider his or her life.

Your great need for fair financial compensation after a Bay City, TX motorcycle crash doesn’t mean you’re going to get it, however. Texas observes the rule of modified comparative negligence, which means your proportional share of the fault in an accident is very important to your case.

The Role of Comparative Fault in your Injury Compensation Claim

And you can be sure that the defendants and their insurers are going to try their best to defend themselves against your injury compensation claim by putting as much of the blame for the accident on you as they can get away with. Our Bay City motorcycle accident attorneys point out that if they can put at least 50% of the blame for the accident on you, they don’t have to pay you a single cent in financial compensation. And insurance companies have years of experience and highly paid defense teams that could shift the blame back to innocent but inexperienced injury claimants with ease.

To make a successful injury compensation claim after your Bay City, TX motorcycle crash, you need the help of a Bay City motorcycle accident attorney with years of experience successfully representing injured motorcyclists. You need Tony Denena and Chad Points. At Denena Points, PC, we understand how accident statistics and anti-biker bias could help guilty defendants and their insurers shift the accident blame back to you. And we know how to counter those tactics to build a winning injury compensation claim for you.

Contact the Bay City Motorcycle Accident Attorneys at Denena Points, PC when you need Help after a Serious Crash Injury caused by Another Driver

Contact us today at 281-369-4363 or through our online contact form to get a free legal consultation to discuss the specifics of your Bay City, TX motorcycle crash and eligibility for financial compensation. You have no obligation to hire an attorney. But if you do hire us to aggressively pursue your injury compensation claim, you don’t have to worry about attorney’s fees. We don’t charge any unless we win your case for you. So call today.

How do You Choose the Right Galveston Personal Injury Law Firm for You?

To ensure that you have your best shot at a fair financial recovery after someone’s negligence has harmed you in a needless accident, you need the skilled help of an experienced Galveston personal injury law firm that is ready to go to trial for you if needed. Some law firms are only settlement mills.

That means that they will never go to trial for your cause. They will simply accept the best settlement offer that they can get on your behalf. And when determined defendants and their powerful insurance companies know that they’re facing a settlement mill that won’t challenge them to trial, they have no incentive to make you a worthwhile settlement offer.

A determined defendant and his insurance company will want to make you a quick cash settlement offer for your injuries before you’ve had a chance to hire a Galveston motorcycle accident attorney or to think about the long-term costs of your accident. They know serious injury accidents cause motorcyclists to bleed green as well as red. An unfair settlement offer that you accept right away as you’re facing mounting medical bills saves them money. And once you’ve accepted the offer, you’ve released your right to sue them for more money. They’re off the hook.

Accident victims with experienced, knowledgeable lawyers beside them stand far better chances of receiving fair financial compensation for their injuries. If defendants or insurers won’t offer you a fair settlement, an able Galveston motorcycle accident attorney could take them to trial.

Contact the Experienced Galveston Motorcycle Accident Attorneys at Denena Points, PC for a FREE Legal Consultation

Our practical, hands-on approach helps us better understand your case, your needs, and whether settlement or trial is the best option for you. We’re not afraid of trial; our Galveston motorcycle accident attorneys have earned our Texas Board Certifications by being capable trial attorneys. Contact us today at 281-369-4363 or through our online contact form for your free, no obligation legal consultation. Experience the difference.

Continue to Part 2 to learn the questions you should ask in order to find the law firm that’s right for your needs.

Questions to Ask Before Accepting an Offer on Your Galveston Motorcycle Injury Claim

Continued from Part 1.

• Do you have an attorney to protect your rights and your interests in the accident?
• Do you know all of the potential and long-term costs of the injury yet?
• Who all is at fault for the accident, and what share of the blame does each person bear?
• What evidence do the opposing parties have, and how convincing is it?
• How convincing is YOUR evidence?
• Does the settlement offer cover the full costs from your accident?

You might be surprised how strongly the answers to some of these questions may influence the amount of your settlement offer. An experienced Galveston motorcycle accident attorney could help you understand the strengths and weaknesses of your case and what you should know before you accept a settlement offer.

When you need a Galveston personal injury law firm after your accident, you should find out whether:

• The law firm farms out your business to other lawyers that you do not know;
• A specific attorney and support staff are assigned to you;
• You get the run around when you try to find out who’s actually got your case;
• The lawyers simply take the best offer they can get on your behalf, even if it’s unfair;
• The attorneys are Texas Board Certified;

• They take their cases to trial and how much trial experience they have;
• They will show you the outcomes of the trials they’ve handled; and
• They have experience with Galveston motorcycle accident claims like yours.

If you hire the Galveston personal injury law firm of Denena Points, PC, you won’t experience the frustrations you encounter at the settlement mills. Our firm assigns you your own team of a Galveston motorcycle accident attorney and legal assistant from the start. You can contact your assigned team members whenever you have questions or concerns about your case. Tony Denena and Chad Points are experienced, Texas Board Certified trial attorneys with years of hands-on experience in all types of complex motorcycle accident claims.

How Old Bias and the New Face of the TX Biker affect Your Injury Claim

General public perception has long regarded the motorcyclist as a rebel and a criminal inclined to belong to groups of outlaw gangs. Media and some motorcycle clubs have only sought to reinforce this image. And since bikers represent only about 3% of the drivers out on our roads, our Lake Jackson motorcycle injury attorneys point out that they lack the numbers and influence to change that perception.

Bikers suffer disproportionately from fatal vehicle accidents

Motorcyclists represent between 10% and 14% of the total of fatal traffic accidents on average. Yet when negligent drivers of other vehicles have caused these fatal accidents, victims’ families often find they can’t overcome negative public perceptions to win a fair financial recovery on their accident claim.

Negative stereotypes regarding bikers and the accident statistics that reinforce them

U.S. NHTSA motorcycle accident statistics tend to reinforce the negative stereotypes of motorcycle riders. They classify over half of all motorcycle accidents as single-vehicle accidents. The statistics also show that in about 25% of the wrecks, the motorcyclist crashed into a fixed object such as a tree, a parked car, or a light pole. 35% of bikers involved in fatal motorcycle accidents were speeding. 25% of the riders did not have a valid driver’s license. And our Lake Jackson motorcycle injury attorneys note that up to 64% of the motorcyclists that died in fatal wrecks were intoxicated.

The new face of the Texas motorcyclist is not what you might expect

The two largest groups of new bikers are: affluent, under 30 years old, and riding sleek and expensive Japanese Supersport bikes; OR: affluent, over 40, riding an expensive motorcycle such as a Ducati, and belonging to a weekend motorcycle club.

Public perceptions regarding who motorcyclists are may actually catch up with the new faces of the modern biker one of these days. But in the meantime, the Lake Jackson motorcycle injury attorneys at Denena Points, PC caution that you will still find that your own motorcycle accident injury claim could be destroyed by pre-conceived notions about who you are and how you ride unless you present an effective claim.

Need help after a serious motorcycle accident has injured you?

Click on the book icon on this web page to download your free guide to the important “do’s” and “don’ts” you need to know when you’re building a successful accident injury claim. And if you need help getting the police accident report on your crash, don’t hesitate to give us a call. We’ll be happy to obtain it for you forfree.

Just call our Lake Jackson motorcycle injury attorneys at 281-369-4363. Or reach us anytime by filling out our online contact form. Put our 15-year track record of success in representing injured motorcyclists to work for your benefit.

Claiming Survival Damages after a Fatal Texas Motorcycle Accident

A claim made by a close family member for survival damages after a fatal Texas motorcycle accident basically serves to claim the personal injury damages that the accident victim would have sued for had he or she lived.

The Basics of a Survival Claim

Our Texas motorcycle accident attorneys clarify that the representative of the decedent’s estate essentially serves as a proxy for the accident victim to claim the personal injury damages for which the victim was eligible because of injuries, medical expenses, and suffering prior to death. A Survival Claim is basically a Personal Injury Claim that the deceased victim’s close family member has inherited.

Because the survival claim relates to the expenses and personal suffering of the victim PRIOR to death, funeral expenses can’t be claimed in a survival action. Funeral expenses belong to a wrongful death action. The victim’s closest surviving relative might pursue both a wrongful death action and a survival action claim, but they would usually be consolidated under one attorney.

Texas Motorcycle Accident Attorneys Explain What’s Included in a Survival Damages Claim

• The victim’s medical expenses up until the time of death.
• The victim’s property damage from the accident such as vehicle damage.
• Lost wages.
• The victim’s reduced earnings capacity because of disabilities and impairments incurred in the accident. These would be calculated over the cost of the victim’s expected working life.
• The value of disfigurements.
• Pain and suffering from the accident.
• Mental and emotional anguish because of the accident.

Grievously injured accident victims often suffer through their injuries in a hospital or even at an accident scene for some time before succumbing to their fatal wounds. That the victim died of the injuries should not absolve the negligent person that caused the accident from their responsibility to pay the just financial value of the injuries and suffering caused by their negligence.

Our Texas motorcycle accident attorneys understand full well that money can never truly compensate for pain and suffering, disfigurement, or the trauma of an accident, let alone for a human life. But the courts do not have the ability to restore life or limb, so they have had to settle on a system that attempts to assign monetary values to all of these.

Contact the Texas Motorcycle Accident Attorneys at Denena Points, PC when You need to Claim Survival Damages on Behalf of a Loved One

We offer a free and confidential legal consultation to discuss your case and your potential eligibility to claim survival damages in the place of your deceased loved one. You have no obligation to hire an attorney. And the knowledge you receive could help you make sound and informed decisions for yourself and your family. Call us now at 281-369-4363 or fill out our online contact form. We’re here to help. Let our skill and experience work for your benefit.

Claiming Wrongful Death Damages after a Tragic Accident in Texas

Almost all traffic accidents are preventable. When an accident happens and results in injury and death, usually someone’s negligence is to blame. When your loved one is the victim of that negligence, you could hold the negligent party financially accountable for the irreparable harm they have caused you through a successful wrongful death claim.

But Texas law won’t require the person whose negligence led to your loved one’s death to pay you anything unless you can adequately prove the required elements of a claim (legal duty of care, breach of that duty, causation, and damages). Let’s take a closer look at the damages you might claim in a wrongful death case.

Your wrongful death damages might include these items:

• Funeral expenses for your loved one.
• Your family member’s medical expenses from the accident up until the time of death.
• Loss of the income or financial support provided by your deceased loved one.
• The value of the loss of your family member’s companionship.
• Mental and emotional anguish from the loss of your loved one.

Contact the Pearland Personal Injury Attorneys at Denena Points, PC when You have Questions about the Wrongful Death Damages You should claim after a Tragic Accident has Changed Your Life

We offer you a free and confidential legal consultation to answer your questions and begin strategizing your case. You have no obligation to hire an attorney. Get in touch with our Pearland personal injury attorneys at 281-369-4363 or through our online contact form. We’ll be happy to meet with you to discuss your case and help you learn what to do next.

Do Drivers of Larger Vehicles even care if Motorcyclists run into Them?

A motorcyclist on a Yamaha R6 suffered fatal injuries last Friday night when the driver of a maroon Jeep Grand Cherokee suddenly pulled out of a Wal-Mart parking lot right in front of him, apparently heedless of the danger of being struck by the much lighter and smaller motorcycle.

The biker swerved to try and avoid striking the much larger Jeep Grand Cherokee. In his attempt to avoid a collision with another vehicle, he struck a curb, was thrown from his motorcycle, and died at the scene of the accident. The accident occurred on Park Row slightly east of Barker Cypress Road in Houston.

A large proportion of motorcycle accidents involving serious and fatal injuries involve larger vehicles (passenger cars, vans, SUVs, pickup trucks, and 18-wheelers) negligently pulling out suddenly in front of the biker and violating their right of way. The biker doesn’t always have time to avoid an accident. Either he strikes the large behemoth of a vehicle that has pulled out in front of him, or he takes sudden evasive action to avoid that crash and strikes something else instead.

Studies show that drivers of larger vehicles regularly give bikers less room and time at turns and intersections. Even when they consciously notice the smaller vehicles, drivers of larger vehicles tend to disregard motorcycles and pull out in front of them. In many of these catastrophic collisions, a motorcycle helmet offers little protection to the rider otherwise exposed to all the impact forces of a serious crash.

Read our Houston Motorcycle Accident Attorneys’Important Article on how Anti-Biker Bias affects Your Claim for Injury Compensation. And Contact Us for Your Free, No Obligation Legal Consultation after Your Serious Motorcycle Accident Injury

You can get in touch with us anytime at 281-369-4363 or by filling out our easy online contact form. We don’t charge attorney’s fees unless we WIN your claim for you. And we know how to counteract anti-biker bias in a courtroom and jury. We’ve been doing it successfully for injured bikers for more than 14 years.

Your motorcycle type makes a big difference to your Texas crash risk

Houston sport bike injury lawyers discuss Texas crash risks. The IIHS, Insurance Institute for Highway Safety, concerns itself with crash injury and death risks. Insurers that must pay out after a motorcycle wreck seem to be even more concerned generally with crash risks than the motorcycle riders themselves. And IIHS data shows that those who ride the supersport motorcycles, those high performance bikes built for racing, have rider death rates that stand almost four times higher than the rates for riders of other types of bikes.

Supersport motorcycles are defined by their speed and power. They have greater horsepower than other types of bikes and can generally reach speeds up to 190 mph. The supersport bikes are built on racing platforms that are modified for street use. Younger riders under the age of 30 are particularly fond of the supersport motorcycle type.

IIHS data analysis from a recent year found that the supersport bike riders had a fatality rate more than twice as high as riders of other fast sport bikes. Our Houston sport bike injury lawyers point out that riders of standard motorcycles, touring bikes, and cruisers had a death rate only about 25% that of supersport riders. Despite the very high fatality rate, supersport motorcycles account for only about 10% of motorcycle registrations.

Speeding and driver error were cited as the greatest contributing factors in supersport bike and sport bike fatal crashes. In fact, speed accounted for nearly 60% of rider deaths in supersport motorcycle crashes.

Motorcycles, with only two wheels, have inherently less stability than vehicles with four wheels. At speeds approaching 190 mph, the risk is enormous that even a slight curve or irregularity in the road could cause a rider to lose control of the bike. A wet patch or just a little loose gravel or debris could precipitate a fatal Texas crash.

The risk of a Texas crash is very great with a supersport bike. Learn what to do in the event of a crash. Download our Houston sport bike injury lawyers’ free motorcycle accident book from this web page. The book will provide critical information you might need one day on making a successful motorcycle accident injury claim.

The U.S. numbers on motorcycle collision, injury, and fatality dangers

U.S. accident statistics paint a clear picture. Based on the rate of serious injuries and fatalities per vehicle mile driven, motorcycles are by far the most dangerous motor vehicle to drive. Our Houston motorcycle accident attorneys realize that some of the reasons for that danger are also clear. In a wreck, the rider of a motorcycle does not have the same protection against impacts as the occupants of an enclosed vehicle.

NHTSA data shows that motorcyclists are 35 times more likely to die in a wreck than occupants of enclosed vehicles. Motorcycles make up less than 5% of the vehicles on U.S. roads, but account for around 15% of fatal accidents.

Our Houston motorcycle accident attorneys point out that a large percentage of motorcycle accidents involve collisions with other vehicles. But motorcyclists, more than other motor vehicle drivers, face the dangers of fatal single-vehicle crashes when they lose control of the bike and collide with fixed objects.

Motorcyclists are unfortunately much more likely to be injured or killed in a collision with a fixed object like a tree, highway barrier, or sign than occupants of enclosed vehicles. In 2002, for example, 28% of fatal motorcycle wrecks involved collisions with fixed objects. Compare this with only 18% for passenger cars, 12% for light trucks, and 4% for large trucks.

The Houston motorcycle accident attorneys at Denena & Points caution that these numbers don’t seem to change much over time. In 2006, 25% of fatal motorcycle wrecks involved collisions with fixed objects. The numbers stayed at 18% for passenger cars and 12% for light trucks and went down to 3% for heavy trucks.

Then again in 2008, 25% of fatal motorcycle wrecks resulted from collisions with fixed objects. The numbers went up to 19% for passenger cars, 14% for light trucks, and 4% for heavy trucks.

If you ride a motorcycle, be aware of the accident risks and take precautions accordingly. Maintain your bike in top working condition, always wear a helmet as protection against head injury crash dangers, and keep in mind that drivers of larger vehicles often don’t notice the smaller profile of your bike. Sadly, it’s probably safe to assume other motorists won’t always yield proper right of way on turns and lane changes, so ride defensively.

If you have a motorcycle wreck and need help obtaining the just financial compensation you deserve for your injuries, contact us for a free consultation. The Houston motorcycle accident attorneys at Denena & Points have more then 14 years of experiencing aggressively advocating for the rights of injured bikers. Our personal injury expertise and skill has helped our clients obtain millions of dollars in full financial recoveries over the years. We could help you too in your time of need. Call or email us today.