The moments following a motorcycle accident are overwhelming, but the steps you take are critical to an insurance claim.
Call 911 if anyone involved requires emergency medical care. If not, still notify the police so an accident report can be made.
Gather evidence by taking photographs and videos of the scene, including the position and damage to the vehicles, skid marks, surrounding property damage, your injuries, and anything else that can help you establish fault. Also, ask any witnesses for their contact information.
Seek medical care as soon as possible. Doing so is important only for your health but also to document on the extent of your injuries linked to the motorcycle accident.
Keep a record. Write down how the accident occurred, obtain a copy of the police report, medical records, documentation on missed work, previous pay stubs, and keep track of all accident-related expenses. Keeping a journal of your daily symptoms and pain can also be helpful.
Speak to an attorney. Before speaking to an insurance adjuster, consult a Houston motorcycle accident lawyer. They can advise you on your legal options and what they believe is the best course of action.
Who is at fault in most motorcycle accidents?
In most motorcycle accidents, another driver is at fault. Although drivers of other vehicles often blame motorcyclists for being reckless or careless on the road, data proves otherwise. Most motorcycle accidents happen because of a car or truck driver’s negligent actions.
What is the most common major motorcycle injury?
Head or traumatic brain injuries (TBIs) are the most common injury suffered in motorcycle accidents. Even if a motorcyclist or passenger is wearing a helmet, a TBI can still occur when their head hits the ground or comes into contact with another object. Brain injuries can range from mild to severe, causing varying degrees of impairments depending on the location of the damage and severity.
Can I still recover compensation if I was partially at fault?
Yes, you can still recover compensation if you hold part of the blame for your motorcycle accident, as long as you are less than 51% responsible. Texas courts follow a modified comparative negligence rule. Under this law, each party involved can recover compensation, but their percentage of fault will reduce it. For example, if you are awarded $100,000 and found 30% at fault, you will only receive 70% of your award, or $70,000, but if you are found 51% at fault, you will not receive any compensation.
How much does a motorcycle accident lawyer charge?
Most motorcycle accident lawyers in Texas accept cases on a contingency fee basis. This means an attorney will advance any costs related to your claim, and you are only responsible for paying legal fees if you win. If there is a settlement or award, a motorcycle accident lawyer generally takes 25 to 40 percent for their services.