When you hit the open road as a motorcyclist in Fort Worth, you expect to enjoy the city’s scenic views free of harm. Unfortunately, many car and truck drivers do not pay enough attention to the road which often leads to severe consequences for the motorcycle driver.
Compared to other types of vehicle accidents, there is a much higher risk of serious personal injury and death involved in motorcycle crashes. According to the National Highway of Traffic Safety Administration (NHTSA), motorcycle riders were four times more likely to be injured and about 24 times more likely than passenger vehicle occupants to die in a collision.
If you’ve suffered injuries in a motorcycle accident or lost a loved one in a fatal motorcycle accident in Fort Worth or the surrounding areas, you may be entitled to compensation for costs associated with accident-related injuries and other losses. With an experienced Fort Worth motorcycle accident attorney by your side, you can significantly increase your chances of recovering the total value of your personal injury settlement. Our motorcycle injury attorneys at Miller Weisbrod Olesky have helped countless motorcycle accident victims and are prepared to handle the entirety of your case while you focus on getting better.
Winning for Motorcycle Riders Injured by Others
Our client was on his way to work early one morning on his motorcycle. A construction company truck tried to beat on-coming traffic and pulled directly in front of our client causing a collision resulting in a traumatic brain injury (TBI). We immediately sent out our accident reconstruction team to evaluate the scene and preserve surveillance video from surrounding businesses. After filing suit, we had our client evaluated by world-class Brain Injury Specialists. We recovered $3,200,000 for our client.
Board-Certified Personal Injury Attorney
Our motorcycle accident legal team is led by Clay Miller who is Board-Certified in Personal Injury trial law by the Texas Board of Legal Specialization. This means he has tried numerous cases to a jury verdict, passed a rigorous background study with recommendations from judges and other board-certified attorneys and passed a day long examination given once a year.
Less than 3% of all attorneys in Texas have any board-certification and even less have a board-certification in the area of Personal Injury Trial Law. This certification proves your legal team does more than “talk the talk”, these attorneys walk the walk when it comes to proving expertise for personal injury and wrongful death clients.
The folks at Miller Weisbrod really came through for me. I was hit in a head-on collision by a driver who was under-insured, and these folks really saved me. I highly recommend them for their excellent care and concern, I'm thankful that I chose them to represent me.
Josh H.
Miller Weisbrod Olesky Client
Fort Worth Motorcycle Accident Statistics
According to the Texas Department of Transportation (TxDOT), over 500 riders lost their lives in fatal motorcycle crashes, and over 2,000 were seriously injured in 2022. More than half of these fatalities were caused by collisions with passenger cars and other vehicles. The National Safety Council (NSC) reports that most of these motorcycle fatalities occurred on urban roads (67%) and in good weather conditions (83%).
With one-third of all motorcycle deaths occurring at intersections, drivers must pay special attention when turning in front of oncoming traffic and check blind spots before turning or changing lanes. Considering how little bodily protection there is between a rider and the road, the risks of serious personal injury after motorcycle wreck are very high. To reduce the severity of injury, should motorcycle riders become involved in a crash, they must wear and rely on their helmets, face or eye protection, and protective clothing. Helmets are the single most important safety device a motorcyclist can have. In fact, the NHTSA reports that motorcycle helmets reduce the likelihood of a fatal motorcycle accident by 37%.
Common Causes of Motorcycle Accidents in Fort Worth
The number of motorcycles on Fort Worth’s roads continues to grow as the city expands and becomes more popular. While many factors can contribute to a motorcycle crash, in most cases, the carelessness of other drivers on the road is what primarily leads to an accident.
All drivers, including motorcyclists, have a duty to be aware of others on and near the roads. If a motorist drives negligently or recklessly and causes an accident, they may be held responsible for any resulting injuries and damages.
Some of the most common causes of motorcycle crashes include:
After an accident, the first step in recovering compensation is determining what caused the crash. While you may think you know the cause, several factors could contribute to your accident. If you were injured in a motorcycle crash caused by another driver’s negligence, a motorcycle crash accident lawyer can comb through the details of your case and work hard to establish all potential causes.
Most Common Motorcycle Injuries
When compared to even the smallest passenger vehicle, motorcycles are smaller in size and lighter in weight. Motorcycles also lack the protection of an enclosed vehicle. Even while wearing a helmet or other protective gear, it is no surprise that motorcyclists are far more likely to sustain serious injuries or be killed in an accident.
The following are some of the most common motorcycle injuries that result from collisions:
Head and Traumatic Brain Injuries (TBI): Even when wearing a helmet, motorcyclists are at a higher risk of suffering brain and head injuries in a crash. The NHTSA reports that head injuries are a leading cause of death and severe injury in motorcycle crashes. Helmets are intended to protect the head and brain, and when riders are not wearing helmets during an accident, they are highly susceptible to sustaining penetrating fatal skull fractures and brain injuries. If the brain is jostled in the skull during an accident, it can impact and interfere with the victim’s cognitive processes, motor skills, speech, and personality caused by post-concussive syndrome.
Many brain injuries are caused by blunt force trauma to the head in motorcycle accident. This can happen when a sudden deceleration causes the rider to be thrown off their bike and their head hits the road. Brain injuries from motorcycle accidents range from mild to severe. Some examples include concussions, diffuse axonal injuries, hematomas, and coup-contrecoup injuries.
Spinal Injuries: When a motorcyclist hits the pavement at high speeds, it often results in fractured vertebrae and damage to the spinal cord. Spinal cord injuries are life-changing and may leave a motorcycle rider with partial or complete paralysis.
This type of catastrophic and disabling injury may require accident victims to go through years of physical or occupational therapy. In some more serious cases, accident victims may require 24-hour care and assistance. Not only do victims and their families feel the physical pain and emotional harm from spinal cord injuries, but they are frequently faced with costly medical treatments and mounting hospital bills.
Fractured or Broken Bones: Motorcycle riders who are thrown from their motorcycle or collide with a passenger vehicle often suffer serious injuries to their bones. While any bone can be broken in an accident, certain bones, such as those in the legs, arms, and ribs, are most at risk. The amount of force involved in the crash, the angle of impact, and the part of the body that was struck will typically dictate the severity of any resulting injury that a motorcycle accident victim suffers. This will also affect how the injury is treated and how long it may take to heal.
Road Rash: When exposed skin is dragged across concrete, pavement, or gravel, it could result in a type of burn known as road rash. In the event of a motorcycle crash, protective clothing such as denim or leather is typically not enough to prevent this type of skin abrasion.
Road rash can happen on any part of the body but most commonly affects the arms, back, and face. Although this is a relatively minor type of injury, it may become infected when left untreated. For this reason, it is vital that you receive prompt medical treatment for any injuries you’ve suffered after a motorcycle crash.
Amputations: A motorcycle rider may suffer such a severe injury to an extremity in a crash that it cannot be repaired or saved and requires amputation. For the victim, the loss of a limb can have severe physical and psychological consequences, including long-term disability and psychological trauma.
Depending on the injury, amputations can either be complete or partial. Lower extremity amputations are especially common in accidents where a motorcyclist’s legs are crushed under the weight of their bike. Prompt medical attention is crucial to prevent infection and other complications. Treatment for amputations typically involves surgical intervention, as well as rehabilitation, such as physical therapy or psychological counseling, to address the trauma that can accompany adjusting to life with a missing limb.
Burn Injuries: Motorcycle riders involved in an accident may suffer a burn from their vehicle if a fire erupts or from contact with hot surfaces such as the vehicle’s engine or exhaust pipe. These burns can be extremely painful and may require prompt medical attention to manage pain and prevent infection.
Seeing a doctor after a motorcycle accident as soon as possible is in your best interest. Your doctor can diagnose you, begin treating any injuries you may have, and create a link between your accident-related injuries and your medical records. In your motorcycle accident injury case, your medical records are crucial in establishing the expenses you will encounter to treat your injuries.
Who Can Be Liable for a Fort Worth Motorcycle Accident?
Anyone contributing to a motorcycle accident in Fort Worth can be held financially responsible for any resulting injuries and damages. To determine who was responsible, you will first have to identify the cause of the accident. A Motorcycle Accident Lawyer in Fort Worth can help prove the extent of your injuries and the short and long-term costs associated with the damages you’ve suffered. Our motorcycle accident lawyers can seek compensation for the full amount of your losses so you can focus on getting the care you need.
Examples of potentially liable parties in a motorcycle accident:
The drivers of other motor vehicles
Another motorcyclist
Pedestrians
Bicyclists
Property owners
Employers of negligent employees
Product manufacturers of defective safety equipment
Government agencies responsible for the roadway’s maintenance
Proving fault in motorcycle accidents requires the victim to establish that the at-fault party or parties failed to exercise reasonable care while driving and that such failure was directly responsible for causing the accident. Evidence that will be used to establish fault will typically include pictures of the accident scene, witness testimony, crash reports from Texas law enforcement agencies, expert accident reconstruction, and testimony. Although the negligence of other motorists causes most motorcycle accidents, these accidents can also be caused by defective motorcycle parts.
When a defect occurs in a vehicle and causes an accident, multiple parties may be at fault, and establishing fault will require an expert to thoroughly examine the vehicle. Ultimately, the specific circumstances of your case will determine who is liable for the accident. Our motorcycle crash lawyers will not hesitate to give you the best chance of recovering full and fair compensation by seeking compensation from anyone and everyone responsible for your injuries and losses.
Recoverable Damages After a Fort Worth Motorcycle Accident
Under Texas law, compensatory damages are classified as either economic or non-economic. Economic damages are meant to compensate accident victims for accident-related expenses. By contrast, non-economic damages refer to compensation for more subjective and unquantifiable losses.
Texas courts may also award punitive or exemplary damages if the defendant’s action were intentional or grossly negligent. Not only are these types of damages designed to penalize the defendant for their especially egregious behavior, but they also act as a deterrent for people who might act similarly to the defendant in the future.
Economic Damages
Past and future medical expenses
Lost income or wages
Lost future earning capacity.
Disability costs (accommodations and medical devices)
The cost to repair or replace your motorcycle
Reduced earning potential
Other out-of-pocket accident-related costs
Non-economic Damages
Emotional pain and suffering
Diminished quality of life
Loss of companionship and consortium
Mental anguish
PTSD
An experienced motorcycle injury attorney can help determine what amount of money should be awarded for the non-economic damages arising from your motorcycle wreck. While a price can be easily placed on medical treatment, putting a price on having to endure daily physical pain or emotional trauma is not as simple.
Some of the greatest and most impactful losses are often non-economic. For example, people who are injured in a catastrophic motorcycle accident and sustain certain brain and spinal injuries may be unable to do activities that they previously enjoyed, such as dancing or playing sports. In turn, this lifestyle alteration may result in the accident victim experiencing reduced social conduct, making it harder for them to enjoy their life.
Wrongful Death Damages
Certain family members of a motorcyclist who was tragically killed in an accident are entitled to file a wrongful death motorcycle accident lawsuit and recover compensation for:
Funeral expenses
Burial costs
Loss of companionship and consortium
End-of-life medical costs
Loss of household services
Loss of inheritance
Loss of retirement benefits
Lost earning capacity of the decedent
Emotional pain and anguish
Other related expenses
Losing a loved one in an accident is difficult, and facing financial insecurities makes it challenging to mourn. Pursuing a wrongful death settlement could give you the relief you and your family need to move forward. When calculating your losses, our motorcycle accident injury attorneys can evaluate what your claim is worth, advise you on whether an insurer’s potential settlement offer is fair, and account for each of your injury-related expenses.
Our motorcycle accident attorneys have represented and secured favorable results for accident victims and families that have lost a loved one due to the negligence or intentional acts of another person for over 30 years. With over 300 cases resulting in settlements and verdicts in excess of $1,000,000, our demonstrated trial experience and proven record of results are just some of the many reasons clients across the United States continue to put their trust in our team during some of the most challenging and stressful times of their lives.
Contact a Motorcycle Accident Injury Lawyer Serving Fort Worth Today
Were you or a loved one injured in a Fort Worth motorcycle accident? To ensure you are taking the time to recover from your injuries or spend time with your family, you should speak with an experienced motorcycle crash attorney as soon as possible.
Miller Weisbrod Olesky’s partner attorney, Clay Miller, is Board Certified in Personal Injury Trial law by the Texas Board of Legal Specialization (TBLS). Only 6,900 of 110,000 practicing lawyers in Texas have met the TBLS’s requirements to become Board Certified in Personal Injury Trial Lawyer.
A lawyer is Board Certified in Personal Injury Trial Law if they have a proven track record of success and have been vetted by the TBLS as someone who has demonstrated to the Board that they have substantial experience and special expertise in the area of personal injury law, have passed a comprehensive 6-hour examination in Personal Injury Trial Law, and have obtained qualified and vetted references from judges and lawyers in the area.
At Miller Weisbrod Olesky, our motorcycle personal injury lawyers can provide you with the quality legal representation you need to secure a fair settlement. Contact us toll-free at (888) 987-0005 or via our convenient online form to set up your free, no-obligation case evaluation today.
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
