Competent Plano Motorcycle Accident Attorney Fights for Riders’ Rights
Experienced trial lawyer seeks full compensation for catastrophic injuries
The Law Offices of Kevan I. Benkowitz is committed to providing excellent representation and client service for motorcycle accidents in Plano and throughout the Dallas–Fort Worth metro area. We have more than 15 years of experience in high-stakes litigation. We have represented plaintiffs and defendants in vehicle accident cases, so we know the tactics insurance companies employ to drive down the cost of settlement. You can rely on us to fight aggressively to maximize your damage award and to be highly responsive to your needs throughout the process.
Some disturbing facts about motorcycle accidents in Texas
Our wide-open plains make Texas an enticing venue for motorcycle riding. But while tens of thousands enjoy this activity, hundreds are involved in accidents that cause catastrophic injuries and death. According to the Texas Department of Transportation, 459 motorcycle operators and their passengers died in crashes in 2015, and 1,887 sustained incapacitating injuries. When a motorcycle accident occurs, the rider is unprotected and vulnerable to a variety of severe injuries, including:
- Concussion and traumatic brain injury
- Road rash
- Severe bone fractures
- Internal injuries
- Neck and spine trauma
- Loss of limbs, especially feet, toes and fingers
Safety equipment, such as a DOT-approved helmet, boots, gloves, and Kevlar or leather clothing with protective body armor, offers some protection against impact and friction. But too many riders forego wearing protective equipment. In fact, of the 459 riders and passengers killed in 2015, 240 were not even wearing helmets. That’s more than 52 percent of all motorcycle fatalities in the state.
Issues with filing a motorcycle claim in Texas
An injured motorcycle rider has a great deal to prove to be able to recover compensation. The major issues include:
- Proof that someone else caused the accident — Many drivers claim they “never saw the bike coming.” This could indicate their own inattention to driving, but juries often view motorcyclists as risktakers and are often willing to believe the bike “came out of nowhere,” because the rider executed a dangerous, unpredictable maneuver.
- Proof you did not contribute to your injuries — Even if the rider did not cause the collision, a defendant could claim the rider is responsible for the magnitude of the harm. Just as Texas allows a defendant to introduce evidence that the victim of an auto accident was not wearing a seatbelt, a defendant in a motorcycle accident case can allege that the rider suffered greater injury because he was not wearing a helmet or other protective clothing. Texas law does not require a rider to wear a helmet, but the state’s comparative negligence law can reduce or bar recovery if failure to wear a helmet exacerbated the rider’s head injury. Similarly, a rider who loses a few toes because his sandaled foot scraped the pavement might be barred from recovering compensation if it is clear a motorcycle boot would have protected the foot.
The complexity of these and other factors makes it essential to have legal representation for submitting a motorcycle injury claim. Even if you and the driver who struck you are insured, you cannot expect to get full compensation without an experienced personal injury lawyer fighting for your rights.
For a free consultation on your motorcycle accident, contact our law firm in Plano
If you or a loved one has been seriously hurt in a motorcycle accident, you can trust the Law Offices of Kevan I. Benkowitz. We offer free consultations for motorcycle accident victims, and we’ll even come to your hospital room if necessary. Call us at 972-464-2645 or contact us online to schedule an appointment.