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The National Highway Traffic Safety Administration of the U.S. Department of Transportation says motorcyclists are 26 times more likely to die in a crash than persons in passenger cars, and they are five times more likely to be injured in a crash.

The Insurance Institute for Highway Safety says 4,381 motorcycle deaths occurred in 2013, accounting for 13% of all traffic fatalities. In fact, motorcyclists’ share of all crash fatalities has increased from 9% in 2009, the last time it was in single figures.

Though other motorists often are to blame for motorcycle crashes, 42% of fatal motorcycle crashes in 2013 were single-vehicle accidents, the IIHS reports.

Contributing Factors to Motorcycle Accident Injuries

Motorcycle injuries can be catastrophic, debilitating and life-changing, since riders are so highly exposed in a crash. They have no airbags, seat belts or auto body to protect them and often are ejected from their bikes and slammed into other vehicles, a roadside object or the pavement. Motorcycle riders can receive injuries ranging from minor bruises to lethal wounds, and their injuries often include broken or fractured bones, whether in the arms, legs, torso or head.

Traumatic brain injury (TBI) also can happen in a motorcycle crash, leaving some victims paralyzed, partially paralyzed or mentally impaired. In fact, head injury is the most common motorcycle accident injury. Failure to wear a protective helmet also can be a factor in crashes. (Texas does not ban adults from riding a motorcycle without a helmet.) Nationwide, 38% of motorcyclists who died in crashes were not wearing a protective helmet.

Some motorcycle injuries are so severe that a limb — an arm, a leg, a hand or a foot — must be amputated. Motorcyclists also can suffer severe cuts, abrasions, bruises and scarring, as well as burns in some cases when a vehicle’s gas tank explodes.

No one can say for certain what injuries you might get from a motorcycle accident. But without doubt, you are vulnerable on a motorcycle despite the fact that you may drive carefully and follow traffic laws. That’s because other drivers often disobey traffic laws and are heedless of motorcycle riders. This means you may become a victim in a motorcycle accident despite your best intentions, and because too many others are negligent and reckless on America’s roads.

Negligent driving by others causes great harm to many motorcycle riders. Besides negligent or drunk drivers, motorcycle riders also must be wary of defective roads and roads built with very sharp or tight turns, which are risky for motorcyclists and can cause serious accidents. Roads without proper signs regarding speed breakers or other dangers ahead, including potholes, are especially dangerous. A pothole may not be a big enough obstacle to menace a car or SUV, but the motorcycle rider might be thrown off of his or her vehicle in such a case.

When a motorcycle accident is caused by defective roads, the roads’ construction company may be at fault and held responsible for its negligence. In such a case an experienced motorcycle accident lawyer can help you to file a lawsuit against the construction company.

A Lawyer Can Help

If you were in a motorcycle accident and are a victim of negligence on the part of others, whether they were drivers on a road or a road construction company, you can contact a personal injury attorney at Jim Adler & Associates to seek favorable legal remedies.

A lawyer from the firm can help you to gain compensation for your injuries. Jim Adler & Associates can vigorously pursue compensation for your injuries and suffering and hold accountable those negligent drivers who are responsible. Or, if it is a case of defective roads, the lawyer may pursue compensation from the company in charge of road maintenance and construction.

A motorcycle accident lawyer will represent the victim or his or her family members and pursue compensation for medical expenses, pain and suffering, lost wages and property damage. Never consult an insurance adjuster without speaking first to an attorney. A Jim Adler & Associates attorney can offer legal advice and work to protect your rights.

Factors That Determine Case Eligibility

To obtain a successful motorcycle accident settlement, motorcyclists must prove that another driver was largely to blame for their crash. Motorcyclists also should have uninsured motorists insurance coverage in the event that the other motorist lacks insurance.

The more severe the injuries, the more payments the motorcyclist can claim in a lawsuit. A minor injury is unlikely to gain substantial settlement payments.

Statute of Limitations

Bikers injured in Texas must observe Texas law’s two-year statute of limitations. That means they must file a lawsuit for economic recovery within two years of the accident’s date. Otherwise, they forfeit their legal right to seek compensation.

Third-Party Claim vs. First-Party Claims

To claim financial damages after a motorcycle crash injury, a motorcyclist most likely will file a third-party claim rather than a first-party claim. The latter is a claim filed against a person’s own insurance company, while a third-party claim is filed against the insurer of the person who was at fault.

The only time a motorcyclist is likely to make a first-party claim against the insurer with which he or she has a contract, or policy, is when filing a claim under uninsured motorist or underinsured motorist coverage. The motorcyclist would have needed to purchase such added coverage upon purchasing his or her policy, in advance of the accident.

However, a motorcycle passenger who was injured may file a third-party claim against the insurer of the person who was driving the motorcycle if that person was at fault and also has liability insurance. This is known as a passenger third-party claim.

Contact Jim Adler & Associates Motorcycle Attorneys Today

Many victims in motorcycle accidents have not received their deserved compensation for their suffering and pain. Jim Adler & Associates is determined not to let that happen to you. If you have been a victim of an accident as a result of the negligence of others, immediately contact an experienced motorcycle crash lawyer at Jim Adler & Associates to protect your rights and to file a lawsuit holding accountable those who were responsible under the law for your medical expenses and suffering.

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