Being involved in a motorcycle crash is frightening and stressful. Even if your injuries are minor, your property might be seriously damaged, or other drivers might claim that the accident was your fault. You probably have many questions, and you may need help navigating the legal system on your own.
You don’t have to have life-changing injuries to benefit from speaking with a motorcycle crash attorney. An attorney can advise you on your rights and explain the steps to take if you are eligible for compensation.
Why Is a Motorcycle Crash So Dangerous?
Motorcyclists are 24 times more likely to die in a traffic accident than occupants of passenger cars, according to the National Highway Traffic Safety Administration (NHTSA). That’s a sobering statistic.
One reason motorcyclists are more likely to sustain serious injuries is that they don’t have the protection of a steel frame and airbags surrounding them like they would have in a car. More serious injuries can mean that financial compensation is even more crucial.
The NHTSA also reports that the most common factors in motorcycle accidents are speeding and alcohol impairment. Unfortunately, these factors lead to unfair stereotypes about motorcyclists being reckless. Many responsible motorcyclists are involved in accidents because of weather, road conditions, or another driver’s negligence.
Painting all motorcyclists as careless is a tactic sometimes used by insurance companies to try and shift the blame. Having an experienced motorcycle crash lawyer on your side is the best way to protect your rights and avoid unfounded, and unfair blame.
Understanding Texas Fault Laws
Texas follows a comparative fault law. That means the liability for a motorcycle crash can be attributed to more than one person. This rule protects all parties and provides a fair way to allocate responsibility. Even if an injured person is found partly at fault, they may still receive a portion of the compensation owed them.
All motorcycle riders in Texas are required to carry liability insurance. This insurance pays for damages and injuries if the carrier is found liable for an accident. However, the amount of insurance coverage varies.
Negotiating with an insurance company that is actively trying to deny or minimize claims is extremely challenging. People who are also recovering from motorcycle crash injuries may not have the time or energy to deal with the legal system.
Personal injury attorneys have experience with insurance negotiations, and they understand the fault laws in Texas.
How Can a Motorcycle Crash Lawyer Help?
Seeking legal representation when you’ve been involved in any type of motorcycle or auto accident is the smart thing to do. An attorney will listen to the details of your case and advise you on its legal merit.
A motorcycle crash lawyer will help you in many ways.
Evaluation of Damages
Motorcycle crash injuries can cost much more than immediate medical bills. Depending on an individual's injuries, they could require medical support for many years. Attorneys understand how to calculate current and future medical costs, lost wages, pain and suffering, and property damage.
Only by carefully documenting damages can an attorney help you seek appropriate compensation.
Gathering Evidence
It takes evidence to prove or disprove liability in an accident. Your legal counsel will gather critical evidence on your behalf. Documents such as medical records, witness statements, accident reports, expert testimony, and other types of information are needed to support your case.
Negotiating With Insurance Adjusters
A majority of motorcycle crash lawsuits are settled out of court. Attorneys negotiate on their clients’ behalf and debate with insurance adjustors for fair compensation.
An individual without legal experience may be intimidated by the pressure to settle. However, an attorney can predict which tactics an insurance adjuster might use and won't accept an unfair settlement offer.
Court Representation
If no fair settlement can be reached, the case will be decided in court by a judge or a jury. An attorney can help their client prepare for litigation and will represent them in court. They handle every aspect of the trial, including filing paperwork and meeting deadlines.
FAQs
Do Motorcycle Crash Attorneys Take Smaller Cases?
Even injuries that appear minor can result in significant costs and have a lasting impact on your life. No case is too small if the accident has had a negative effect on your life.
What Is the Statute of Limitations for a Motorcycle Accident Claim in Texas?
Texas allows injury victims two years from the date of the accident to file a lawsuit. There are some exceptions to the law. If you have been injured and think you missed the deadline to file a lawsuit, speak with a personal injury attorney.
Should I Get Medical Help After a Motorcycle Accident?
It is recommended to seek medical care after a traffic accident. Some injuries, such as whiplash, may not display symptoms until a day or two after the accident. Getting medical care as soon as possible can help speed your recovery.
Do You Need a Motorcycle Accident Attorney?
Speaking with an attorney after a motorcycle accident protects your rights. Scheduling a consultation doesn’t mean you’re obligated to file a lawsuit. A consultation is an opportunity to ask questions and clarify whether you may be entitled to financial compensation.
Contact Ramsey Law Group if you or a loved one has been injured in an accident. Don’t speak with an insurance adjuster without seeking legal advice.