Motorcycle accidents in Texas can cause very damaging injuries, and the process of filing a claim for compensation is anything but easy. If this is your first time, whether it is a minor collision or a disastrous one, filing a claim for your motorcycle accident is not as easy as simply filling out some forms and waiting for the money to roll in. It’s very important to understand why the case, as well as how to improve your situation.
Why Are Motorcycle Accident Claims So Complicated?
A motorcycle accident is particularly complex and challenging. It is not merely because of the nature of the injury involved in this type of accident, but also because of the nature of the complexities involved that are not present in cases of car accidents. In car accidents, it is often not very common to have a discussion regarding negligence and damages.
Motorcycle Injury Laws are Complex in Texas
In Texas, there are guidelines set by law in traffic accidents, which include a number of factors, even in motorcycle accidents. Motorcyclists, in most instances, experience disadvantages due to their susceptibility to injury, which is higher than in car accidents. This leads to some conflicts in traffic accidents, which may create a prejudice whether the motorcyclist is responsible for an accident caused by speeding, in addition to weather conditions.
Disparity Against Motorcyclists
Bikers are sometimes discriminated against by insurance firms, jurors, and even motorists who think that bikers are all careless and tend to speed frequently. Discrimination may affect the ruling on your case and might make it tough for you to win your compensation suit.
Issues with Evidence
The evidence in motorbike accident claims is not always as straightforward. There may not be as much physical evidence as in a car accident, such as damage to the vehicles, which will identify the cause of the accident. Eyewitness testimony may differ as well.
Critical Steps in Establishing an Effective Motorcycle Accident Claim
If you or someone else has been involved in a motorcycle accident, having a seasoned motorcycle personal injury attorney can work in your favor. Here is a step-by-step guide on how a case can result in a successful outcome.
Step 1: Immediate Medical Help
No matter how small the damages appear, the right practice is to seek medical attention after a motorcycle accident. Sometimes, it may not always be immediately apparent, especially in the event of internal bleeding or head trauma. It will definitely validate the claim and the severity of the accident to have the medical condition recorded.
Step 2: Gathering Evidence from the Site of the Accident
The more evidence you have, the stronger your argument will be. Following a motorcycle accident, it becomes essential that you try to obtain as much information as possible. This consists of:
- Photographing the accident scene, the vehicles involved, and the road conditions, if applicable.
- Obtaining contact details of witnesses.
- Procuring the Police Report.
- Recording the weather conditions and the time of day.
This evidence will be essential in proving liability and in establishing your defense.
Step 3: Understand Your Damages
Motorcycle accidents can lead to significant medical bills, lost wages, and pain and suffering. Understanding the full extent of your damages will help you determine how much compensation you should be seeking. A motorcycle accident lawyer in Texas can help you evaluate your losses, including both economic and non-economic damages.
Step 4: Collaborate With An Experienced Motorcycle Accident Attorney
Claims that result from motorcycle accidents are often intricate, particularly in situations where there is a dispute over liability or where the involved insurance company presents a low payment. It is necessary that you work with a competent motorcycle accident lawyer to ensure that your rights are observed. The lawyer will represent you in negotiations with the insurance company in the event that the matter goes to court.
Step 5: Be Prepared for a Long Legal Process
In some situations, claims made from motorcycle accidents may take months and even years to settle, especially if litigation becomes involved. This process will be navigated by your attorney to make sure that you are aware of everything that is going on throughout the process.
Common Reasons for Motorcycle Crashes
To build a stronger case, understanding the causes of motorcycle accidents is crucial. In most motorcycle accidents, carelessness or lack of experience leads to the crash. Among
- Distracted drivers: Those drivers who are distracted might not pay attention to the motorcyclist or give way.
- Poor Road Conditions: Potholes and uneven surfaces on roads can cause road accidents.
- Speeding: Both motorcyclists and other road users can cause accidents when they disobey posted speed limits.
- Driving under the influence: Alcohol consumption or taking drugs affects judgment and reaction time, resulting in road accidents.
Why You Need a Motorcycle Accident Lawyer in Texas
Motorcycle accidents can be challenging to handle in Texas, especially when the injured party faces the resources of insurance companies or an uncooperative responsible party. Here’s why it’s important to hire a motorcycle accident attorney:
- Knowledge of Motorcycle Law: A good lawyer will be familiar with Texas motorcycle law and will be able to use this law for your advantage.
- Fair Negotiation with Insurance Companies: Attorneys have experience negotiating with insurance firms to ensure a fair settlement offer isn’t made too quickly.
- Maximizing Compensation: An attorney will be instrumental in making sure that you receive maximum compensation for every medical bill, lost paycheck, sufferance damages, or forthcoming medical requirements.
Identifying the appropriate motorcycle injury attorney in your area is very important. A motorcycle injury attorney who is well-versed in the court systems and legal frameworks in your area will help you with your case. From a motorcycle accident attorney in Texas to a motorcycle injury attorney in Arlington, you should always select a professional who has experience in winning cases associated with motorcycle accidents.
In cases involving motorcycle accidents, it is often difficult due to factors like prejudice, traffic regulation complexities, and a lack of physical evidence. It is advisable to hire a skilled motorcycle accident attorney to help with this.
FAQs
1. What is the time period within which I must file a motorcycle accident case in Texas?
In Texas, the Statute of Limitations for claims involving personal injury, such as a motorcycle accident, is two years from the date of the accident. It’s critical to pursue these claims within a short timeframe to avoid missing the deadline.
2. Can I file a compensation claim despite not wearing a helmet during the motorcycle accident?
Yes, you may still collect compensation even if you weren’t wearing a helmet. This is because of the comparative fault law that applies in the state of Texas. It means that you may be assessed a certain degree of fault in the accident, yet you will still collect your deserved compensation as long as you weren’t more than 50% responsible.
Schedule a Consultation with Our Experienced Motorcycle Accident Lawyers
If you have been hurt in a motorcycle accident in the State of Texas, do not delay before seeking the attorney services that you require. Contact us today and receive a complimentary consultation from one of our attorneys who specializes in motorcycle litigation. We can help you obtain compensation for your injury.
Disclaimer
This content is for general informational purposes only and does not constitute legal advice. Reading this site does not create an attorney–client relationship. Past results do not guarantee future outcomes. Each case is unique and will be evaluated on its own facts and merits. “Unless otherwise indicated, attorneys are not certified by the Texas Board of Legal Specialization.”