Motorcycle accidents account for a significant proportion of total traffic fatalities in the United States, although accounting for a modest proportion of total vehicle sales. Even if a motorcycle accident is not deadly, it can have serious effects for a person’s health and well-being.
Motorcycle Accident Attorney
Recovering damages following a motorbike accident can be a difficult procedure, as insurance companies frequently try to skirt coverage requirements and refuse personal injury reimbursement on behalf of the at-fault party.
If you or a loved one has been involved in a motorcycle accident, one of the first things you should do is call a motorcycle accident lawyer. Our team of attorneys at HoustonCarAccidentLawyers.org has specialized knowledge in assisting motorcyclists in obtaining compensation via a rigorous investigation and negotiating process.
Our attorneys can assist you in filing a claim with the appropriate insurance provider to collect motorcycle injury and accident-related damages by obtaining information about your case.
Motorcycle Wreck Injury Lawyers
Motorcycle accidents can have a variety of outcomes, including property damage, emotional agony, serious or permanent injury, and death.
These monetary, physical, and psychological costs may quickly add up and be devastating to those who are recuperating from a major injury.
Many people in the United States live paycheck to paycheck and may struggle to handle the startling out-of-pocket expenditures that might arise from a motorbike accident injury.
While the costs of a motorbike accident vary, they may include:
- Financial costs include medical transportation, hospital care/other medical expenditures, bike repair/replacement costs, and missed pay.
- Physical: severe damage that need long-term rehabilitation and care, limb loss, deformity, paralysis, and severe brain trauma
- psychological: the expenses of pain and suffering, which result in mental distress
Filing a motorcycle accident claim can be an efficient way for injured motorcyclists to get compensation for their losses.
Motorcycle accident claims can be made on behalf of the wounded rider or a loved one. In the latter situation, a claim may be brought to seek compensation for a loved one who was seriously hurt or died as a consequence of the accident.
Losing a loved one in a motorbike accident may be a devastating event, and you may be entitled to wrongful death compensation. To seek compensation, you will need an attorney to assist you show that another party’s carelessness caused your loved one’s death.
In wrongful death motorcycle accident cases, negligent parties may make the following references:
- Another motorist was found to be at blame in the collision, according to the motorbike maker (in the case that the accident was caused by defective bike parts, i.e. becoming a product liability case)
- A thorough examination of the accident and the person at blame might yield evidence to prove the carelessness of another party in a wrongful death or product liability lawsuit.
Understanding Personal Injury Claims in Motorcycle Accidents
Understanding your rights after a motorbike accident might be difficult if you try to negotiate the laws of your case on your own.
The most crucial thing to grasp about motorcycle personal injury cases is your financial compensation eligibility. One element that might influence this is whether or not you are found to be at blame for the accident.
In order to claim recoverable damages in some places, such as Texas, motorcyclists must be able to demonstrate that their injuries were caused by the carelessness or reckless behavior of another motorist.
In certain cases, another motorist may be held liable if they were:
- driving while texting
- driving while intoxicated
- speeding, failing to obey traffic signals or signs, driving a risky vehicle, or being distracted in any other way
Local and state legislation may differ in terms of what a biker needs demonstrate in order to claim accident-related compensation. Depending on where you reside, you may be able to seek legal redress even if you were somewhat to blame for the accident.
In motorcycle accident lawsuits, common forms of damages sought and granted include:
- compensation for medical transportation and treatment costs
- Motorcycle repair or replacement expenses lost wages
- The cost of pain and suffering
- reimbursement for anticipated medical expenditures (e.g. for a serious or permanent injury requiring long-term treatment)
One of the most significant obstacles that drivers of passenger cars face when seeking compensation after an accident is limitations on the sorts of damages they can claim. This is because most motor vehicle claims include personal injury protection (PIP) insurance, which needs a certain level of harm in order to seek recoverable damages.
In contrast, motorcyclists are not needed to meet any form of harm threshold in order to obtain compensation.
List of Common Motorcycle Accident Causes
Most motorcycle riders are aware of the dangers they encounter when riding alongside other cars on the road. Over 40% of motorcycle accidents are caused by another vehicle turning left while the biker is driving straight.
However, not all dangers linked with motorcycle riding affect other drivers on the road. Riding a motorbike after consuming alcohol is a significant risk in motorcycle accident mortality across the United States, according to the National Highway Traffic Safety Administration (NHTSA).
Alcohol and other substances can affect a person’s judgment, perception of surrounding items, and lead to potentially risky conduct. Motorcycle riders who drink and ride put themselves and others on the road in grave danger.
Other factors associated with motorcycle accidents and fatalities are:
- riding a motorbike without a valid motorcycle license
- riding without a helmet or other protective gear
- commuting in cities
- failure to observe traffic signs
- failure to yield when appropriate failure to pay attention to other drivers
A large part of safe driving and vehicle operation is being aware of oneself and others on the road. Accidents, on the other hand, might happen abruptly and with little or no control over them.
In these situations, it’s useful to know what legal choices are available to motorcycle riders and what rights they—or close loved ones grieving the loss of a motorcyclist—may have to accident-related compensation.
Injuries Caused By Motorcycle Accidents
When it comes to the sorts of injuries that might occur in the case of an accident, motorcycle riders have far less protection than drivers of other motor vehicles. Motorcycles, as lighter and less durable vehicles than the ordinary automobile, lack the same safety equipment, leaving riders significantly more prone to road rash and other injuries upon collision.
Riding without a helmet or failing to wear suitable clothes while riding a motorbike increases the chance of catastrophic harm.
Injuries experienced in a motorbike collision might vary based on the nature and severity of the occurrence, however they may include:
- Head injury or concussion caused by road rash
- fractures and shattered bones
- trauma to the brain
- damage to the spinal cord
- limb amputation disfigurement paralysis
Many of the potential injuries in a motorbike accident are serious and may result in lifelong disability, sickness, deformity, or death.
The safest decisions a motorcycle rider can make to defend himself on the road are to wear protective head, eye, and body gear and to retain acute awareness while riding. Accidents caused by another motorist, on the other hand, are more difficult to avoid.
Injuries sustained in a motorbike collision may necessitate emergency medical attention. The expense of medical transportation and injury care may rapidly build up and become a huge cause of worry for the typical individual.
If you or a loved one has been injured in a motorbike accident, you may be entitled to cash compensation to offset your losses. A free case examination with an expert motorcycle accident lawyer is the best way to discover this.
A Step-By-Step Guide on What to Do After a Motorcycle Accident
Road accidents may happen rapidly and create substantial confusion. In the case of an accident, your first responsibility should be to respond to your own health and safety.
If the accident area is dangerous, such as due to debris or traffic, locate a safe location immediately. If your surroundings represent a direct threat to your safety or wellness, you will be of no assistance to yourself or anyone involved in the accident.
The following are the actions you should do in the case of a motorbike accident:
Examine For Injuries And Seek Medical Attention
Following an accident, it is critical to examine yourself and others for injuries. If you or anybody else looks to be wounded, dial 9-1-1 immediately for emergency attention.
Even seemingly small injuries might worsen if they are not treated promptly. This is especially true for head injuries, which may indicate a concussion or escalate to brain damage if not treated promptly.
Gather Personal and Insurance Data
It is critical to collect information from all motorists involved in the collision. Personal information to gather includes all drivers’ names, insurance information, addresses, phone numbers, and license numbers.
In the instance of a hit-and-run, other evidence may still be available to pursue recoverable damages. For example, your attorney may obtain security camera video or other evidence to piece together the facts needed to identify the culpable party and create a case for collecting consequent damages.
Make a Police Report
Contact the police once you have analyzed the first scenario and gotten some information from those involved. This is especially significant in the case of major accidents resulting in at least $500 in property damage.
Having police officers on the scene as soon as feasible will help you develop a solid legal case. Police are obligated to type out an accident report and retain documents that might be referred to later on when you seek compensation for accident-related losses.
Pay Attention to Your Environment
Keeping track of your position, time, and surrounds might help you construct your legal case significantly. Make a mental image of the accident site.
If you have a phone, take pictures of everything you notice around you, including the condition of all vehicles involved in the collision and your injuries. Even little facts may turn out to be important in the process of obtaining and evaluating material pertinent to your case.
Contact a Motorcycle Accident Lawyer
Calling an expert motorcycle accident attorney is one of the most crucial calls you can make after being involved in a motorbike accident. Seeking legal counsel can be a critical step in obtaining payment for out-of-pocket expenses and other types of compensation for less measurable damages, such as pain and suffering.
A motorcycle accident attorney may be a valuable ally in making a solid claim against the responsible party by conducting a comprehensive investigation of the accident and gathering evidence to pursue legal redress.
Following a motorcycle accident, an attorney can help you with the following:
- collect witness statements
- gather police and medical staff reports (i.e. medical records)
- get photos of the accident scene and recreate the accident
- obtain security camera footage
- consult with professionals
- research the motorist at fault’s driving history
- collect evidence to substantiate the carelessness of the motorbike manufacturer (in the event of product liability)
- interact with insurance companies on your behalf in order to reach a reasonable settlement
Inform Your Insurance Company
In order to claim recoverable damages, you must notify your insurance company of your accident. However, because they will almost certainly need a statement, it is strongly advised that you obtain legal counsel before contacting your insurance provider.
Do not give an insurance agent a statement before you have consulted with an attorney.
The words you select to describe your accident in the aftermath can have a significant impact on the result of your lawsuit. An attorney can advise you on how to characterize the accident to your insurance company and may be able to interact directly with them on your behalf.
How to Select a Motorcycle Accident Lawyer
Choosing the correct legal representation after a motorbike accident may make or break your case.
Here are some pointers for selecting a motorcycle accident lawyer:
Look for an Experienced Attorney.
Experience counts when it comes to legal remedy. In the case of a motorcycle accident, it is in your best advantage to engage with an attorney who specializes in motorcycle accident claims.
Motorcycle accident lawsuits are separate from motor vehicle claims and should be handled by an attorney who has recovered damages for injured motorcyclists in the past. If you approach a personal injury lawyer who does not have expertise with motorcycle accident cases, you should find another counsel.
Find an attorney with trial experience and a track record of success.
Finding an attorney with a solid track record of getting compensation for harmed parties as well as expertise taking cases to trial will help you the best.
It is not easy to seek compensation for damages sustained in an accident. It is essential to consult with an attorney who has extensive expertise navigating the legal intricacies that might develop while attempting to recover accident-related damages.
Choose a Resourceful Attorney
A diverse set of expert resources is a great indicator that an attorney is ready to speak with the persons and entities required to develop a compelling case.
These resources may include professional contacts, working ties with other experienced attorneys, and other tools required to assemble sufficient evidence for your personal injury claim.
What Is the Value of Your Motorcycle Accident Claim?
There is no such thing as a typical settlement sum for motorcycle accident cases. The value of your claim will be determined by the specifics of your case, which may include losses that are more or less difficult to measure, such as pain and suffering expenditures.
Call an expert attorney if you want an educated estimate of the value of your motorcycle accident claim. An attorney should be able to supply you with a list of references after doing an initial case examination.
Understanding Motorcycle Accident Laws
When faced with a tough legal issue, comprehending the laws that apply to your case can be empowering in terms of your personal awareness of your legal rights and entitlements.
Remember that motorcycle accident rules differ by state and, in certain situations, by locality.
Motorcycle Accident Statute of Limitations
A statute of limitations for motorcycle accidents, in general, refers to the period of time a person has to initiate legal procedures, which includes the process of submitting an accident claim.
Motorcycle accident statutes of limitations are regulated at the state and local levels. In certain jurisdictions, for example, injured parties have up to four years from the date of the accident to register a motorcycle accident claim or up to two years from the date of the death to pursue a wrongful death claim.
Clearly, the sort of claim you want to make and your place of residency may both have an impact on how long you have to pursue legal redress.
The easiest approach to find out how long you have to make a claim for yourself or a loved one is to look into your state’s legislation or consult with an attorney, who should be better knowledgeable about local legal requirements.
Motorcycle Accident Statistics in the U.S.
Motorcycle riders, while being a small fraction of overall motorists on the road, are 28 times more likely to die in a traffic accident, according to the NHTSA.
Additional statistics on motorcycle accidents in the United States demonstrate that:
- Alcohol is a role in around 28 percent of motorcycle accident fatalities.
- In 2017, wearing a motorbike helmet meant the difference between life and death for 1,872 riders.
- In 2018, 4,985 motorcycle riders were killed in accidents.
- In 2017, 29 percent of motorcycle riders killed in accidents lacked a valid motorcycle license.
Who Is Predisposed to Motorcycle Accidents?
Anyone who rides a motorbike is at danger of being involved in an accident.
However, data on motorcycle accidents in the United States suggest that those who are more likely to be involved in a motorcycle accident are those who:
- driving when high on drugs or booze
- ride at speeds more than the authorized speed limit without a valid motorcycle license
- ride a motorbike with two wheels
- Motorcycle accidents are also more prevalent on non-interstate highways and more likely to happen during the day.
Data also suggests that senior motorcyclists are being killed at an increasing rate. From 2008 to 2018, this rate climbed by 2%, with the average age of motorcycle riders killed in accidents rising to 42 from 40 previously.
Motorcycle Accident Attorney FAQ
How much does a motorcycle accident lawyer cost?
You may be concerned about lawyer fees. It should not weigh heavily on you. Most motorcycle accident attorneys in Houston, Tx take cases on a contingency fee basis. That means you pay nothing unless you win.
Will I have to go to court?
Sometimes these motorcycle accident injury cases do go to trial. Other times the case is settled outside of court. Call our office and we can give you a better idea of which is more likely to occur in your specific situation.
What If I was riding illegally?
If you were riding illegally you may still be entitled to recover some monetary damages for your injuries, depending on who else in the accident may have been at fault. Give our office a call to learn more about comparative negligence cases in Texas.
Best Houston Motorcycle Accident Lawyers?
Many times we have to field questions about “Who is the Top Houston motorcycle accident lawyer?” You may have seen billboards on the 610 Loop talking about “Houston’s Best Motorcycle Accident Lawyer,” and other such bravado.
The State Bar of Texas does not like for any attorney to boast about being the “best” Houston motorcycle accident lawyer because that would be in violation of Rule 7, a/k/a the lawyer advertising rules.
Therefore, no lawyer associated with this website claims to be the best motorcycle accident lawyers. And since we get asked this question so often, we have listed several attorneys on this website who may (or may not) be the best motorcycle accident attorneys in Houston, Tx, but we are certain that in addition to any attorneys you may work with at (832) 463-1003, could also provide great legal assistance. Note that these law firms are listed in no particular order.
Taylor Law Firm
Rasheed Taylor is a licensed Texas attorney and a graduate of the Thurgood Marshall School of Law. Explore at TaylorTXLaw.com/attorney-profile/
John K. Zaid & Associates
At John K. Zaid & Associates our philosophy is quite simple; work hard for our clients, get the results our clients deserve and be candid and upfront about costs, fees and expectations. Explore at ZaidLaw.com/firm-overview/
The Stephens Law Firm
Not all cases at The Stephens Law Firm go to trial. In fact, most cases are settled. Why? Because our opponents know that they are going to trial against a Texas Super Lawyer, Joe Stephens, an attorney with the skill and experience to litigate complex cases. Explore at JoeStephenslaw.com/case-results/
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