How to Calculate Damages in a Motorcycle Accident Lawsuit

Motorcycle accidents often lead to severe injuries for riders who have very little protection on the road. If you were involved in a motorcycle accident in Texas or New Mexico, what should you know about recovering compensation for your injuries? Should you file an insurance claim or speak with a motorcycle accident attorney first?

What to Do After a Motorcycle Accident

If you’re involved in a motorcycle accident, what should you do? Follow these steps after an accident:

• Get medical treatment immediately for any injuries.
• If you can stay at the scene, get the other driver’s information, including their driver’s license, license plate, and insurance information.
• Call the police to take statements at the scene for a police report.
• Take pictures of the scene, damage to your bike, damage to the other vehicle, and other signs of injury and property damage.
• Get contact information from any witnesses to make statements later (witnesses do not have to stay at the scene).
• Contact your insurance company to notify them of the accident.
• Call a motorcycle accident attorney to represent your interests.

Insurance Claims for Motorcycle Accident Injuries

Texas and New Mexico are both at-fault insurance states, meaning that you would need to file a claim with the at-fault driver’s insurance company. Both states require motorcyclists to carry liability insurance for property damage and bodily injury in the event that they cause an accident.

If you’re injured in a motorcycle accident from someone else’s negligence, your state minimum motorcycle coverage may not be able to cover all of your injuries. You may need to file a claim with the other driver’s insurance. If the other driver doesn’t have insurance, your uninsured/underinsured motorist coverage may be able to make up the difference.   If you are involved in a motorcycle accident,  you may benefit from the help of an experienced motorcycle accident attorney to help you.

How to Seek Compensation in a Motorcycle Accident Case

If you make a claim for your injuries, you can pursue both economic and non-economic damages, as well as punitive damages if the other driver was intentional, reckless, wanton, or oppressive in the actions that caused the accident. While New Mexico does not cap punitive damages, Texas limits punitive damages to $200,000 or a formula of double the economic damages awarded plus the amount of non-economic damages awarded (up to $750,000), whichever is greater.

Damages are monetary awards to help victims recover their losses after an accident. In Texas, courts use 51% modified comparative negligence, meaning victims more than half responsible for the accident can’t recover damages. New Mexico abides by pure comparative negligence rules, meaning that an injured party who is even 99% responsible for the accident can recover 1% of the damages awarded.

Economic Damages

Economic damages cover calculable losses suffered by a motorcycle accident victim. Economic damages can include:

• Medical treatment bills
• Lost wages from time away from work
• Diminished earning capacity
• Property damage to your motorcycle and gear
• Costs of household chores you formerly performed

Non-Economic Damages

Non-economic damages cover intangible emotional and mental losses suffered by the victim, including:

• Mental anguish
• Emotional distress
• Accident-related anxiety or depression
• Disfigurement
• Diminished quality of life
• Lack of enjoyment of life
• Post-traumatic stress disorder (PTSD)

Motorcycle Accident in Texas or New Mexico? Contact Our Motorcycle Accident Attorneys

Motorcycle accidents are complex legal cases that require an experienced motorcycle accident attorney to seek compensation for your injuries. For help with your motorcycle accident case in New Mexico or Texas, contact us today at Fadduol Cluff Hardy & Conaway P.C. Call us at 800-433-2408 or contact us online to schedule a case review at one of our offices.