Average Settlement for a Motorcycle Accident
Oct. 26, 2022
If you’ve been injured in a motorcycle accident in Texas, you have a right to compensation for your pain and suffering. But far too often, the physical, mental, and financial struggles caused by a serious motorcycle accident prevent riders from receiving the damages they deserve.
At The Torres Law Firm, we believe in providing peace of mind. That’s why we take ownership of all the heavy lifting in the courtroom to help our clients receive fair compensation for their injuries. Our legal team can help you understand damages in the state of Texas, break down the proportionate fault system, and review the factors that will impact your settlement. We proudly serve clients in Corpus Christi, Dallas, and Fort Worth, Texas.
Available Damages in Texas
Due to common misconceptions, many people think personal injury claims are open-and-shut when the other driver is at fault.
But due to Texas’ proportionate fault system, motorcyclists that are engaged in illegal, dangerous, or otherwise unreasonable behavior at the time of the accident may be found responsible for contributing to the accident.
For example, imagine you’re riding your motorcycle when a pickup truck suddenly changes lanes in front of you without checking its mirrors or signaling, causing a crash. If the driver of the truck is found to be solely responsible for the accident, your personal injury claim would be uncapped in court. But, if you were found to be riding recklessly at the time of the collision, you may be found 20, 30, or even 40% at fault.
If the courts determine that you were 40% at fault and order $100,000 in damages, you would only receive 60%, or $60,000, of the awarded settlement. It’s also important to note that any vehicle operator found to share 50% or more of the fault for a collision is barred from seeking personal injury or wrongful death damages from the opposing party.
Proportionate Fault Examples
A motorcyclist is struck by a truck on an exit ramp. The motorcyclist was observing all safety laws at the time of the collision.
Motorcyclist’s Fault: 0%
Driver’s Fault: 100%
Amount Received by the victim: $100,000
A motorcyclist is passing a sedan on the highway when the driver merges lanes without checking their blind spot, causing a crash. The crash reconstruction reveals the motorcyclist was riding 10-15mph over the speed limit when they were hit.
Motorcyclist’s Fault: 25%
Driver’s Fault: 75%
Amount Received by the victim: $75,000
A motorcyclist is late for work, so they decide to lane split at 90mph on a busy highway. A large van with its turn signals on cuts the motorcyclist off, causing a collision. The rider is thrown from their motorcycle and suffers extensive injuries. The motorcycle is completely totaled.
Motorcyclist’s Fault: 95%
Driver’s Fault: 5%
Amount Received by the victim: $0
Average Settlement for Motorcycle Accidents
Courts review a variety of factors to determine personal injury motorcycle accident settlements, making each case and its outcome unique.
With that said, motorcycle accident settlements in Texas often range from around $10,000 for minor collisions and injuries to over $500,000 for accidents leading to severe brain, spinal, or permanent injuries.
We always recommend speaking with an experienced personal injury attorney to ensure your motorcycle accident settlement offer is reasonable, considering your unique combination of physical, emotional, and property damages.
Unsurprisingly, the largest factor in your motorcycle accident personal injury claim is the severity of your injuries.
If you or a passenger suffered broken bones, internal injuries, damage to the head, neck, or spine, or other grave injuries, you may be entitled to a larger settlement. Permanent injuries and injuries that require rehabilitation also often lead to larger payouts.
Being in a motorcycle accident can be overwhelming, stressful, and emotionally draining. If you’ve suffered emotional distress due to your motorcycle accident (or the consequences of your accident - like loss of income due to your injury) you may be entitled to additional damages.
Unfortunately, motorcycles often take a serious beating in an accident with a car or truck. You’re entitled to compensation for the damage to your motorcycle, gear, and any other personal property damaged during the collision.
Need Advice After a Motorcycle Accident in Texas?
We understand the devastating effects of a serious motorcycle accident. If you’re dealing with physical pain, emotional distress, or financial struggles after a motorcycle accident, it is vital to contact our team, The Torres Law Firm, in Corpus Christi, Texas.
Our long track record of success and unmatched experience fighting for our clients after motorcycle accidents and wrongful death cases makes us the perfect partners to guide you through this trying time. Reach out to our team to learn more about how we can help you win a fair settlement after your tragic accident.