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Whether a road accident, medical malpractice, premises slip and fall accident, workplace incidents, or defective products, it can lead to injuries affecting one’s quality of life, financial status, relationships, and disturbances in daily routine.
Fortunately, Texas personal injury law allows injured victims to recover financial compensation for accidents caused by a third party’s negligence. Our Texas personal injury attorneys protect the rights of injured victims suffering from devastating injuries.
Contact us now for a free consultation. With locations in California and Texas, We Win Big!
Modified Comparative Negligence: Understanding Texas “51% Bar” Rule
Determining who is at fault is critical in recovering compensation for an accident. In most states, negligence law holds the at-fault party responsible for the damages.
However, in Texas, the insurance companies follow modified comparative negligence, slightly different from the traditional negligence law.
- We won’t let you sign a settlement without real pay money.
- We don’t spend our money buying expensive cars and radio ads.
- We take on fewer cases, meaning you get top-priority results.
- We have the financial resources to stave off any insurance company’s procedural parlor tricks or legal loopholes.
- We are reviewing and filling out time-consuming paperwork.
- You are conducting investigative case research on your or your loved one’s behalf.
- Responsibility for proving your lost income. (Financial support after California electrocutions, seizures, wrongful death, etc.)
Did a car make a left-hand turn – right into the path of your oncoming motorcycle? If so, you may learn that collecting compensation from the at-fault party is not simple.
Below, our law tigers will explain everything you need to know when dealing with the shark squad insurance adjusters to acquire an award of maximum compensation.
Our job is to help you seek maximum recovery in an amount of compensation to help restore your life after a bad crash.
Free Legal Advice to Deal With Insurance Companies
Insurers have no mercy on riders and often use deplorable insurance company tactics to short-change victims, including those facing mental health issues. Our contingency fee basis injury lawyers understand that every rider faces a particular risk of being injured in a motorcycle accident case in the state of Texas.
But motorcyclists, including many Texans, are the ones most vulnerable on the road. According to National Highway Traffic Safety Administration (NHTSA), riders are 28 times more likely to die in a crash due to the vehicle they’re riding. These figures include Texas motorcyclists.
Michael Ehline:
Background:
- Inactive U.S. Marine
- Former Los Angeles City Attorney Law Clerk
- Former California Court of Appeal extern
- Avvo 5-star rated lawyer
- Multiple Superlawyers Rising Star Winner
- Multiple Nominee – US News-Best Lawyers
- We hire the best medical doctors with years of experience helping wounded, grimacing patients
- Legal researcher
- Appellate attorney
- Litigator
- USMC work ethos.
Our legal services are honed towards military vets, many of whom ride for the feeling of liberty they paid for with blood, sweat, and tears. Our injury lawyers know that motorcycles are small, lightweight vehicles offering little to no protection to their riders, unlike cars typically covered from all sides. Even a little impact in an accident can cause many motorcycle accident victims to fly off their ride like a rag doll and smash into the road, other vehicles, or objects.
Fortunately, under Texas personal injury law, injured motorcycle riders can recover compensation for damages and catastrophic injuries in an accident caused by another’s negligence, including the city, county, or state. For example, an unrepaired pothole is the responsibility of the government in many cases. What if your bike fell into one and you crashed? Our experienced motorcycle accident attorneys continue to help protect the rights of injured motorcyclists and fight for the compensation they deserve. We will even wait to get paid our legal fees on a no-win no, fee basis.
Texas Statute of Limitations for Motorcycle Accidents
While you are waiting for settlements to come in, the insurance adjuster may just be riding out the clock. They don’t have any duty to you. So they are like wolves in sheep’s clothing. Don’t let the two years go by without gathering evidence, getting medical treatments, or retaining a lawyer. You may have less time to make a claim against a government agency for your lost work, pain, suffering, and medical care.
Are you suffering from neck injuries, brain injuries, shoulder pain, or broken bone? Do you have a hard time getting money to treat all these wounds? Contact us to learn more about your rights as an injured victim of a serious motorcycle accident. Don’t pay out of pocket until you call us.
Even if you don’t have a motorcycle license, our team can help you obtain the compensation you deserve from insurance companies and their insured parties. Our success will be yours, no matter the nature or severity of your liability case. For example, a distracted driving case is more complicated to prove than a lane-splitting case, etc. We have the extensive experience needed to handle your case better than the rest.
Common Texas Motorcycle Accident Injuries
The injuries following a motorcycle accident depend on the impact and where the rider lands.
Some common severe injuries to riders in a motorcycle accident include the following:
Traumatic Brain Injury
Although helmets reduce the risk of head injuries from another driver’s negligence, they do not prevent brain injury. But that doesn’t mean you shouldn’t wear a helmet, as riders without helmets are twice more likely to suffer a brain injury than those wearing a helmet.
A severe collision can shake up the brain, causing traumatic brain injuries. Unlike other body parts, a brain does not have the same regenerative capability, and any neurons damaged inside the brain remain permanent.
Depending on the accident’s severity, a victim may suffer long-lasting injuries or, in some cases, permanent physical or cognitive disabilities or even death. It is best to diagnose the injury early to start the proper medical treatment to avoid causing complications or worsening symptoms. This is why you need a top-notch lawyer seasoned at helping fallen riders recover maximum compensation under Texas law from the at-fault driver.
Were you rear-ended or in a chain collision involving many crashes with other parties? Call us anytime, 24/7, to discuss your legal options at (833) LETS-SUE. Our business covers Dallas, Houston, and San Antonio; the initial consultation is free. If we form an attorney-client relationship, our legal services in pursuit of the other party will be performed on a contingency basis. We won’t charge a dime for helping you get your bike fixed or replaced after a car accident.
Spinal Cord Injury
A spinal cord consists of multiple intricate bones and complex nerves that send and receive signals between the brain and different parts of the body. A study published in the Journal of Trauma analyzed 1,100 motorcycle crashes and reported that riders suffered severe spinal cord injuries in 10% of all motorcycle accidents.
The study further revealed that more than 75% of riders had spinal cord injuries. The individuals suffered multiple injuries, called polytrauma. An accident can damage various spinal cord parts, leading to severe complications or wrongful death.
Soft Tissue Injury
Soft tissue injuries are common in motorcycle accidents because most riders do not wear protective gear, leading to lacerations, sprains, abrasions, and contusions.
The friction between the road and the skin causes damage to the skin, ligaments, nerves, and muscles, requiring emergency services. It can also result in long-term complications such as loss of motion, disfigurement, and scarring.
Broken Bones
When an accident happens, in some cases, the feet touch the ground first, causing the bones to break or lead to severe fractures.
Compound fractures where bones break and are visible through the skin require surgery and months of rehabilitation to help the injured victim get back on their feet. Serious fractures and broken bones can lead to complications requiring amputation, causing permanent loss of mobility and impairment.
Injured victims must understand that the severity of injuries or, in some cases, the injuries themselves may not be so apparent immediately after an accident. It can take time, minutes, hours, or even in some cases, days before injuries or the severity manifests.
Sometimes, an accident can damage organs causing internal bleeding, which may be difficult to diagnose until it becomes life-threatening.
Anyone involved in a motorcycle accident must immediately head to a hospital for a medical examination and start their treatment.
Treating injuries soon after the accident is evidence that can help establish damages during negotiations or in court.
Types of Damages You Can Recover in Texas
Once the at-fault party is determined, the attention turns toward the types of damages an injured victim can recover. In Texas, accident victims can recover economic and non-economic damages.
- Economic damages are those tied to the injury or property and include property damage, medical expenses, and lost income, among many others.
- Non-economic damages are intangible non-monetary losses, such as emotional trauma, pain and suffering, and loss of quality of life.
In some cases, the court may also award punitive damages to punish the defendant.
Potential Liable Parties in Texas Motorcycle Accidents
Depending on your accident, you may be able to hold one or multiple parties liable for your injuries.
Motorists have the duty to ensure reasonable care towards others on the road, including following traffic laws and exerting caution to prevent accidents. However, failure to follow traffic rules and ensure reasonable care can lead to an accident for which they may be liable.
At times, a defective product could be the cause of your accident. Manufacturers must test their products and ensure their safety before selling them to consumers. However, a manufacturer sometimes may be negligent, resulting in the sale of defective products, which can cause an accident. A failing brake, wobbly motorcycle handle, or any other defect in your motorcycle could be the primary cause of your serious injuries. You may hold the manufacturer responsible for their negligence.
In some cases, a government entity may be the one causing your motorcycle accident. For example, the local government is responsible for maintaining the conditions of the road. If a pothole, overgrown vegetation, or missing road signs result in your accident, you could hold the government entity liable for your injuries.
It is best to consult an experienced motorcycle accident attorney to help investigate the accident and determine the liable parties.
Recovering Compensation after a Motorcycle Accident
If your accident occurred due to another’s negligence, the first step to recovering financial compensation is to file a motorcycle accident injury claim against the negligent party’s insurance company. You may hold the employer liable if your injuries were due to an employee performing their duties.
Fortunately, most motorcycle accident claims settle outside of court. However, the process can be tiring and frustrating as insurance companies will not pay out that easily. After an accident occurs and the injured motorcycle accident victim files a claim, the responsible insurance company assigns a claims adjuster who takes up the case.
An insurance adjuster is looking out for the insurer’s best interest and will do everything possible to minimize payouts or reject them. They will always lowball a settlement offer that doesn’t even cover medical bills, let alone your pain and suffering and lost wages. Most injured victims without legal representation accept initial offers just so that they can move on with their lives.
Having a strong legal representation can increase your chances of securing compensation. Experienced Texas motorcycle accident lawyers determine the value of the claims and negotiate with the adjuster accordingly. They have dealt with many insurers before and know when a claim adjuster is using delaying or other dirty tactics to avoid paying out. A skilled attorney will always have the upper hand during negotiations and get you the maximum settlement.
Investigating Truth
In some cases, the negligent party may not accept fault or may not agree to a fair settlement. These scofflaws may flat out refuse to take responsibility for their carelessness. This unfair behavior can leave you with one option, taking the case to trial.
This is why we take steps up front to gather information like the police reports and even drive to the accident scene to take pictures and video of skid marks. We will even interview witnesses, including other motorists and people involved, so that we can be fully aware of your specific crash.
Our Texas motorcycle accident lawyer has a superior track record in court and is not afraid to take a case to trial if they believe there are substantial grounds for winning. We can even help the wounded motorcyclist recover money for future medical expenses and lost employment.
During the discovery phase of the trial, an attorney can request access to certain information that may give them enough firepower to bring the negligent party back to the negotiation table. If they understand the evidence is stacked against them, they will settle before the trial starts, as going to trial is expensive, time-consuming, and can lead to bad publicity for the insurer.
What Should Motorcycle Accident Victims Do after a Serious Texas Motorcycle Accident
What the hurt motorcyclist chooses to do after an accident can immensely impact the outcome of their case. Injured victims can take steps to protect their rights and increase their chances of financial recovery.
Another critical thing to remember is taking steps is as important as not doing anything that could jeopardize the case of any motorcyclist, leaving them penniless.
TIP: Texas motorcyclists younger than 21 must wear a motorcycle helmet. Motorcyclists 21 years and older are strongly urged to wear helmets, but not required if:
- They show proof of successfully completing a motorcycle safety training course
- Show proof of adequate medical insurance;
TEXAS FACT: No restrictions exist for helmet speakers.
Here is what you should do following a motorcycle accident.
- Call 911: Reaching out to law enforcement officers is a great way for a person to document their accident. The idea is to request a police report which you can submit when filing claims to strengthen your case against any at-fault driver or drivers.
- Gather evidence: You need to take photos of the car accident scene, any nearby road signs, road markings such as skids, any roadway hazards, and the involved vehicles. Make sure to take pictures of the vehicles involved from all angles, as it can help your attorney recreate the accident scene and determine the at-fault party responsible for wounding the motorcyclist.
- Exchange contact information: When filing claims, you need to have the details of the driver who caused your accident. It is best to exchange name, contact details, and insurance information following the motorcycle crash to help you file a claim.
- Look around for witnesses: Having a witness statement bolsters a personal injury case, so make sure to look around for any witnesses and take down their contact details. You may also decide to record a witness statement right there to save some hassle down the road.
- Head to a hospital: Following your accident, you may suffer from injuries and may require medical attention. Head to a hospital for a medical examination and start your treatment immediately. The more you wait, the stronger your opponent’s defense gets. During your medical treatment, take detailed notes about the injuries sustained, how they affect your daily routine, and your pain. It can help your attorney maximize the settlement.
- Do not admit fault: After calling the insurance company to report a fault, they might ask you about the incident to see if you were distracted or impaired. Do not tell them more than they should know. They’re looking for information they can use against you to reject your motorcycle accident claim. Keep conversation to a minimum, and do not post anything on social media. Ultimately, insurers may take pictures of you having fun with your friends as evidence that your serious injuries aren’t as severe as you claim. (this is called “Subrosa.”) This can go on for months or weeks.
- Reach out to a Texas motorcycle accident attorney: An attorney can guide you through the entire claim process and take charge of handling the insurance company. Everything you tell us privately is confidential and covered under attorney-client privilege and confidentiality.
Motorcycle accidents can be devastating, leaving long-lasting injuries to the victim. It is not fair for injured victims to pay for medical bills and other expenses from motorcycle accidents that were not their fault. Our clients have the satisfaction of knowing we are a US Marine-run law firm, and we take no prisoners when it comes to fighting for the motorcyclist or their close loved one.
Schedule a Free Case Evaluation With a Highly Rated Texas Motorcycle Accident Lawyer
Are you a wounded person wishing to speak with an aggressive, competent Texas motorcycle attorney? Our lawyers have years of experience helping clients and passengers run over by cars, trucks, and other causes of motorcycle accidents. If you suffered a motorcycle accident that was not your fault, contact us for a free consultation with our reputable personal injury attorney, as you may qualify for compensation on your behalf in your individual case.
We have helped thousands of people in wrecks recover millions in compensation throughout the United States. Our transportation accident injury law firm is available 24/7 to discuss your rights to justice at (833) LETS-SUE. You can also fill out our convenient online contact us form for verification purposes only, a prompt return email, and our decades of experience to work for you.
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