Have you been injured in a motorcycle accident in El Paso, Texas? You could have a case to hold the at-fault party responsible for their negligent conduct and obtain compensation. The experienced El Paso motorcycle accident lawyers with Mission Personal Injury Lawyers are on your side.
Our law firm was established in 2010, and since then, we have recovered tens of millions of dollars on behalf of personal injury victims with a 99% success rate. In addition, our attorneys have over 43 years of combined experience. Let us put that track record and experience to work for your injury claim today.
If you have any questions about how we might be able to help you with your motorcycle accident case in El Paso, reach out to our law offices today at (915) 591-1000. We offer a free initial consultation to review your case.
How Mission Personal Injury Lawyers Can Help After a Motorcycle Accident
The consequences of a motorcycle accident can be relatively severe, compared to the lack of protection they offer compared to other types of motor vehicles like cars or trucks. We understand that you might have significant medical bills to contend with, not to mention the pain and suffering you’re likely experiencing.
Our El Paso personal injury attorneys can represent your interests while you rest and recover from your injuries. Lawyers on our team have been recognized as Super Lawyers and Rising Stars on a number of different occasions. We know how to negotiate with powerful insurance companies, and we won’t let them get away with offering you less compensation than you’re due after a motorcycle accident in El Paso, TX.
Here are some of the ways our El Paso motorcycle accident attorneys can help:
- Investigate to determine the extent of your damages and collect evidence to support your case
- Negotiate with the defendant to reach a fair settlement agreement
- Take your case to court and to trial if the circumstances call for it
- Hire expert witnesses to testify in court on your behalf
- Keep you up-to-date on your legal options throughout your case
Contact us today to get started if you’d like to form an attorney-client relationship. Your first consultation is completely free, and you’re not obligated to hire us afterward.
How Common Are Accidents in El Paso, TX?
The Texas Department of Transportation publishes annual statistics for accidents across the state. In the year 2021, there were a total of 15,623 accidents in El Paso alone. Of those, there were 69 fatalities and 3,035 possible injuries.
In addition, it was published that there were 521 motorcyclists killed in accidents across the state in the year 2021. Out of those 521, 45% were not wearing a helmet at the time of the crash.
It’s worth your time to reach out to an El Paso motorcycle accident attorney after a crash if you’ve been harmed in any way. Our lawyers can help you obtain compensation from those at-fault.
Texas Motorcycle Laws: A Brief Overview
Two aspects of Texas law pertaining to motorcycles are worth highlighting: its helmet laws and its laws pertaining to lane splitting.
Texas Helmet Laws
In the State of Texas, you are not required to wear a helmet if you are 21 years of age or older, and at least one of the following criteria is met:
- You complete a Motorcycle Operator Training Course
- Your motorcycle insurance policy will cover at least $10,000 in medical bills in case of an accident
Even though you might not be required to wear a helmet in El Paso, Texas, while riding your motorcycle, it is safer. The CDC stated in May 2022 that helmets reduce the risk of a head injury by 69%.
In addition, not wearing a helmet can potentially reduce your claim for compensation in the event of an accident. The other side might raise the “failure to mitigate damages” defense. They might argue that your injuries might not have been as severe had you worn a helmet. And as a result, you are not owed as much compensation.
That’s why for your safety and to protect your right to compensation in the event of a crash, our El Paso motorcycle accident attorneys advise wearing a helmet even though it is not mandated by law.
Lane Splitting in Texas
Lane splitting is when a motorcycle rides in between two lanes of traffic. This can reduce traffic congestion and allow motorcycle riders to reach their destination more quickly. However, it is illegal in El Paso and across the State of Texas.
If it is determined that you were lane splitting at the time of your accident, your damages award will likely be reduced if not outright eliminated. That is because the other party in your case will likely bring up the issue of contributory fault. They could argue that the accident is mostly your fault because had you not been lane-splitting, the accident might not have occurred.
This is a fact-specific argument, however, and there might be avenues to fight back against it. You can rest assured that our El Paso motorcycle accident lawyers will do everything we can to present the strongest version of your case. Reach out to us if your accident involves lane-splitting.
How Much Is My El Paso Motorcycle Accident Case Worth?
Every motorcycle accident case in El Paso is unique. While it’s not feasible to assign a value to your case before speaking with you, certain factors tend to influence the value of most cases. These factors include:
- The terms of any relevant insurance policies
- Whether you are suffering from any emotional distress
- The type and seriousness of the injuries you’ve suffered
- Whether you are partly at fault for the accident
- The nature of the crash itself, for instance, how many vehicles were involved
The more severe the accident was and the more significant impact it has had on your life, the more your case will be worth. During your free consultation, we can give you personalized insight into the value of your case.
What Damages Can I Recover After My Motorcycle Accident in El Paso?
After an El Paso motorcycle accident, you can pursue compensation in the form of economic, non-economic, and punitive damages.
Non-economic damages are not as easy to quantify. These damages include your pain and suffering, decreased quality of life, and emotional distress.
Punitive damages are only awarded when the at-fault party’s conduct was especially egregious. These damages are not intended to compensate you (although they do in reality) but instead are meant to punish the defendant for their behavior.
Our El Paso motorcycle accident attorneys will explore every avenue to assess your case for possible damages in any of the above categories.
What if I’m Being Blamed for My Motorcycle Accident in El Paso?
In the State of Texas, you can still receive compensation for your motorcycle accident even if you are partially to blame – but only up to a point. Texas operates under a modified comparative negligence doctrine with a 51% bar to recovery.
This means that so long as you are found to be 50% or less at fault for the accident, you can still be compensated for your El Paso motorcycle accident. Your financial award would be reduced relative to your percentage of fault. So if you are found 25% at fault but are awarded $500,000, you would receive $375,000. But if you are found 51% or more to blame, you cannot receive compensation.
Because of how this doctrine works, the other side will almost certainly try to pin most of the blame on you so they can escape liability. With our experienced El Paso motorcycle accident lawyers in your corner, you can be confident that we’ll do what we can to ensure you’re not allocated more blame than is fair.
What Should I Do After a Motorcycle Accident in El Paso, Texas?
There are important steps you should take after an El Paso motorcycle accident. Your actions immediately after the accident can drastically affect your case for compensation. Here is what we recommend doing:
- Remain at the scene and collect evidence. If you flee the scene, it could hurt your case down the line. Since the personal injury victim has the burden of proof to support their claim for damages, evidence such as documentation, photographs, and physical objects like your gear could be crucial.
- Receive medical attention for any injuries you’ve suffered. This is an important source of evidence to support your claim. We also recommend seeking medical care even if you aren’t sure whether you’ve sustained an injury. Some injuries only become apparent later on.
- Do not apologize or accept blame for the accident. As discussed above, if you’re found 51% or more at fault in El Paso, you cannot receive a monetary award for your injuries.
- Contact an El Paso motorcycle accident lawyer and do not speak with an insurance company before that. Insurance companies want to pay as little as possible for your claim. An experienced attorney can make sure you are not taken advantage of.
We’re available to take your call at your convenience to discuss your case. Feel free to call Mission Personal Injury Lawyers as soon as you are able after an accident.
How Do I Prove Negligence in My El Paso Motorcycle Accident Case?
In most El Paso motorcycle accident cases, you’ll have to prove that the other party was negligent. Negligence occurs when someone violates a duty of care given the circumstances and causes harm to someone else as a result. There are four legal elements you must prove to establish negligence:
- Duty. Did the other party owe you a duty of care? Drivers on the road have a duty to obey the laws of traffic, for instance.
- Breach. Was the other party’s conduct a breach of that duty of care? Running a red light would likely constitute a breach of duty.
- Causation. The defendant’s conduct must have been the factual and proximate cause of the accident.
- Damages. You must also establish that you’ve suffered damages (harm) as a result of the other side’s behavior.
Sometimes, each of these elements will be an issue in a case; in other cases, only one or two will. Fortunately, our El Paso motorcycle accident lawyers know how to support each element of a negligence claim effectively.
Reach Out for a Free Consultation With Our El Paso Motorcycle Accident Lawyers
A motorcycle accident can result in serious consequences. You shouldn’t have to deal with those effects by yourself. Instead, hire Mission Personal Injury Lawyers, and let us protect your rights and interests.
With a 99% success rate, we know what it takes to obtain compensation for a deserving personal injury victim like you. We’ll negotiate with the other party on your behalf while you take the time you need to recover from the accident.
Call or contact us online if you’d like more information. We offer a free case evaluation and work on a contingency fee basis. That means you’ll pay us nothing up front, and we only receive a payment if we obtain a monetary award for you.