Midland Motorcycle Accident Lawyer

When you purchase a motorcycle, you’re excited about feeling the wind on your face and the freedom of the open road. But what you don’t think about is how dangerous it can be when you’re out on those roads with other, larger vehicles. In Midland, home of the Permian Basin Petroleum Museum, most of the traffic consists of large semi-trucks or other vehicles related to the oil industry, which makes it all the more dangerous for motorcyclists.

If you or someone you love has been injured or killed while on their motorcycle, a qualified Midland motorcycle accident lawyer from Barrera Law Group LLC is here for you. We have experience with accidents in West Texas and will fight for you to receive the most compensation possible for your injuries.

How Do Motorcycle Accidents Occur?

The smaller size of motorcycles often makes them appear farther away when they’re actually much closer. That, combined with congested Texas roads and distracted driving, leads to many accidents involving motorcycles every year. In Midland, between the large numbers of oil trucks, airport traffic, and college attendees from UT Permian Basin, roads like Interstate 20 can be dangerous for motorcycle riders in the following ways:

• Speeding: Drivers who have excessive speed above the posted limits are less likely to be able to react or stop in time to prevent damaging accidents
• Aggressive driving: Incidents like road rage are on the rise and can lead to dangerous behaviors that cause unnecessary accidents
• Driving under the influence of alcohol or drugs: Getting behind the wheel while under the influence of anything, even prescription drugs, can severely inhibit a driver’s ability to react appropriately and properly follow driving laws
• Fatigued driving: In Midland especially, due to the oil industry, a lot of drivers on the road are truckers who are often overworked or college students who are up late studying, and when a drowsy driver is behind the wheel
• Distracted driving: Despite the hands-free driving laws in Texas, a lot of drivers still have distractions, such as eating, applying makeup, looking at a GPS, or talking to their passengers
• Running stop lights or stop signs: Texas drivers are notorious for red light running or “beating the light” and contribute to intersection accidents, which are the most common cause of motorcycle accidents and injury
• Improper turns or lane changes: Turning from the incorrect lane or changing lanes without using a turn signal is dangerous, especially for motorcyclists, as they are more likely to suffer severe injury from even the smallest sideswipe or bump
• Failure to yield the right of way: Most commonly, this happens when a driver pulls into an intersection when traffic isn’t clear or merging onto a freeway without yielding to the vehicles that are already there
• Tailgating: Texas has laws relating to following distance while driving, and the Texas Department of Public Safety (DPS) Texas Driver Handbook recommends that when driving under 30 miles per hour (mph), there should be 2 seconds of following distance, and when driving over 30mph there should be 4 seconds of following distance

These are the most common causes of vehicle accidents, and all of them are avoidable. Motorcyclists are on alert at all times because they know that other drivers often don’t see them and how easily other vehicles can hit them.

Drivers of trucks, cars, or other large vehicles need to be consciously aware of motorcycles on the road and drive safer, as well, giving more space and checking their blind spots more frequently.

Motorcycle Crash Statistics in the Lone Star State

One motorcyclist dies in a crash on Texas roads every day. Data from the Texas Department of Transportation (TxDOT) states that 562 riders were killed and 2,422 were seriously injured in 2022.

Helmet use for motorcyclists is not required by Texas law for riders over the age of 18, and lack of a helmet accounted for 50% of motorcycle passenger deaths in 2021, according to the Insurance Institute for Highway Safety (IIHS).

All roads present danger to motorcyclists, but roads in the Permian Basin can be especially deadly, specifically on the following highways:

• Interstate 20
• S. Highway 385
• State Highway 302
• State Highway 115
• State Highway 18

TxDOT has been working on a project to repair and expand I-20 through Midland and Ector counties, which is intended to make the route safer for all drivers. In the meantime, however, construction in that area still adds another level of danger and hazard.

Common Injuries from Motorcycle Accidents

It’s well-known that motorcycle crashes are often deadly, mostly due to the lack of protection the motorcycle offers the rider but also because a lot of motorcycle drivers don’t wear all of the recommended protection, such as helmets or full-body protective suits.

So, when an accident involving a motorcycle occurs, the following devastating injuries are likely to happen:

• Bone fractures
• Soft tissue injuries
• Road rash
• Internal injuries
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Death

In the event of a fatal motorcycle crash, the surviving spouse, children, or parents of the deceased can pursue a wrongful death suit so that those liable for the accident can still be held responsible and the family can still receive a settlement.

Know that Barrera Law Group LLC has experience with these kinds of cases, and we’re just a phone call away, ready to help you during this difficult time.

Determining Liability for Your Motorcycle Accident

When you’re involved in an accident, you might think that just the other driver is at fault, but that’s not always the case. Sometimes, a motorcycle crash can be caused due to your motorcycle malfunctioning or a pothole in the road that should have been fixed.

Other Drivers

Any other drivers on the road with you can be the cause of your accident. Such as a semi-truck driver not checking his mirrors enough to see you on your motorcycle before he makes a turn or switches lanes. Or a teenage driver on her cell phone or applying makeup while driving and not paying complete attention to the road or the traffic around her. Driver error is the number one cause of all vehicle accidents, and even with the Share the Road: Look Twice for Motorcycles safety campaign from the Texas Department of Transportation (TxDOT), motorcyclists are still in constant danger from other drivers.

Motorcycle Manufacturers

While we’d like to place the blame solely on other drivers, sometimes it’s the manufacturers of the motorcycles themselves that are responsible. If there is a defect in the framework, engine, fuel tank, brakes, wheels, etc., it can cause unexpected and devastating malfunctions at any point when a motorcycle rider is out on the road.

State and Local Governments

Your local and state government is responsible for keeping the roads you drive on in good condition, including repairing potholes or repaving worn-out areas of streets. In the State of Texas, we all pay taxes specifically allocated for the maintenance and improvement of roads, so when government entities don’t use those funds in a timely manner or fail to mark known hazards, it can lead to unsafe road conditions that cause accidents.

Expected Settlements for Motorcycle Accidents

Every case is different, and the settlement one person receives is not likely to be the exact same as another person. However, in most motorcycle accident claims, the victim or their family can expect compensation for a variety of damages, such as the following:

Economic damages:

• Property damage
• Lost wages (past, current, and future)
• Medical bills relating to the accident (including physical therapy and rehabilitation)
• Costs of long-term care in the case that the injured person is disabled due to the accident

Noneconomic damages:

• Pain and suffering
• Loss of companionship
• Disfigurement
• Disability or physical limitations
• Mental anguish
• Emotional distress
• Loss of consortium (injury or death of a spouse/partner)
• Loss of enjoyment of life

In the unfortunate event that a motorcyclist is killed in an accident, the family may receive the following compensation in a wrongful death claim:

• Funeral and burial costs
• Lost earnings and inheritance
• Pain and suffering (for both the deceased and their survivors)
• Loss of love and companionship
• Loss of support and guidance
• Medical expenses

Under Texas law, the deadline, or statute of limitations, to file a motorcycle accident lawsuit is two years from the date of the accident or from the date that your injuries were discovered. It’s best to contact an attorney as soon as possible after your accident to ensure your case is filed in the appropriate timeframe so that you can receive the compensation owed to you.

Barrera Law Group LLC – Protecting Texas Bikers

We understand that the aftermath of a motorcycle accident is difficult and stressful, and we want to make it easier for you. We want you to be able to focus on healing and recovery while we handle the legal details of your case.

Reach out to our office today, either by phone or our online form, so that a knowledgeable and compassionate lawyer from our team can discuss your case in a free, no-obligation consultation. At Barrera Law Group LLC, we’re here for you, and we’ll fight for justice for your injuries.