Experienced Motorcycle Injury Attorneys Serving Clients in Houston, All of Texas, and Nationwide
Riding a motorcycle is more than just a means of transportation. It is a lifestyle of freedom and fresh air for many bikers. Unfortunately, irresponsible driving on the part of other drivers causes significant injuries to several motorcyclists.
A motorbike collision carries a very high chance of severe injuries, and the results could be life-altering. Patrick Daniel Law is here to assist you if you were wounded in a motorbike accident.
Our Texas motorcycle accident lawyers have the knowledge and perseverance to fight for the just damages you are entitled to for your injuries. Call (713) 999-6666 for a free consultation, or reach out to us online right away. Texas’s other regions as well as the broader Houston area are serviced by Patrick Daniel Law.
Should I Hire a Motorcycle Accident Attorney in Houston?
Motorcycle riders experience a disproportionately high rate of accident injuries and fatalities despite accounting for a very tiny share of all vehicles on the road. It is advisable to get in touch with a lawyer right away if you are hurt in any kind of motor vehicle accident. Legal counsel is particularly crucial for motorcycle accident victims for the following reasons:
The high risk of suffering serious harm
Damage amounts in the majority of motorcycle accident claims
The frequency of motorcycle accidents involving a single vehicle (i.e., crashes where the motorcyclist is forced off the road or falls off the bike without colliding with another vehicle)
Unfair perception of motorbike riders as reckless individuals
You need skilled legal representation on your side since everything is on the line following a motorcycle accident – your health and well-being, your finances, your quality of life, and more. Our lawyers can look into the incident, determine your case’s damages, and develop a compelling claim on your behalf.
How Frequently Occur Motorcycle Mishaps?
8,173 motorcycle accidents were recorded overall in 2020, according to the Texas Department of Transportation (the most recent year of data).
In these accidents:
- 482 motorcycle riders and passengers died.
- A lot more than half of those killed at the time weren’t wearing helmets.
- 1,856 riders and passengers on motorcycles suffered serious injuries.
- Non-incapacitating injuries were sustained by 2,687 motorcyclists and passengers.
- 1,704 motorcycle riders and passengers may have been hurt.
- Less than 15% of motorcycle riders and passengers in collisions escaped unharmed.
Motorcycle riders make up a relatively modest percentage of all road users. However, they experience a disproportionately high percentage of fatalities and severe injuries in accidents. According to national statistics gathered by the Insurance Information Institute, the accident death rate for motorcycle riders is astoundingly six times higher than it is for passengers in passenger vehicles.
What Must I Carry Out Following a Motorcycle Accident?
How Can a Motorcycle Accident Protect My Rights?
In motorcycle accidents, significant injuries are more common than not, making it difficult for riders to gather evidence there. Therefore, it is essential to take action to protect your motorcycle accident claim as you heal from the collision:
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Make receiving medical care a priority
Getting all required medical care is the first thing to do following a motorbike accident. Pay attention to any follow-up appointments with your doctor, specialists, physical therapists, etc., and heed all medical instructions.
The greatest method to speed up your recuperation is to carefully follow your doctor’s instructions. Additionally, it limits the space the insurance company for the negligent motorist can use to refute your injuries’ seriousness or claim that your inaction contributed to their aggravation.
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Watch out for Insurance Firms
Then, be cautious while dealing with insurance providers, including your own. Although you must promptly notify your insurance of the motorcycle accident, you are under no obligation to speak with an adjuster.
You should refuse to provide any information to an insurance adjuster if they attempt to get in touch with you and instead call a motorcycle accident lawyer right away. Your claim may be weakened if you give a recorded statement or consent to the release of your medical records.
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Take a look at the police report
Usually, the policeman will make an effort to speak with everyone involved in the accident on the spot. However, if you are taken to the hospital, the officer will get your statement as soon as you can talk to them.
Getting a copy of the accident report is essential once it is finished. The report will contain a lot of significant facts regarding the motorbike accident, such as:
- The incident’s location
- The day and about what hour the collision occurred
- Road, ambiance, and lighting conditions
- Name(s) of the driver(s) in question
- the year, make, and model of the cars in question
- Vehicle identification numbers for each plate
- Statements made by accident participants
- Observer accounts
- An illustration of the accident
- Reprimands and arrests (if applicable)
- preliminary findings about the fault
The police report might fill in many of the blanks if you were unable to gather information at the scene of the accident. Patrick Daniel, a motorcycle accident attorney in Houston, can find out who looked into the collision and obtain a copy of the police report on your behalf.
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Hire a lawyer
The significance of hiring legal counsel following a motorcycle accident cannot be overstated. Without legal counsel, you are far less advantageous. However, you can feel confident that your rights will be upheld if you have a skilled lawyer on your side.
A motorcycle accident attorney can handle the following significant areas of your claim on your behalf:
- examining the incident to ascertain what transpired
- Identifying the responsible party
- gathering data and speaking with witnesses
- hiring professionals to assist with accident reconstruction, injury evaluation, etc.
- Taking into consideration every loss you endured as a result of the motorcycle accident
- engaging in settlement talks with the insurance provider
- if needed, file a lawsuit and have your case heard in court.
Not all lawyers try cases in court. However, it is crucial to have a successful trial lawyer on your side given the potential damages and the culpability conflicts that occur in a normal motorcycle accident case.
Patrick Daniel Law is a cunning, meticulous, and ruthless individual. Every case is prepared as though it will go to trial, with creative, tailored legal tactics created to secure the highest possible compensation on behalf of each client.
Typical Motorcycle Accident Injuries
Motorcycle riders receive a lot less security than other motor vehicle drivers and passengers. Even if you’re wearing a helmet, a thick jacket, and other safety gear, an accident could still leave you with serious wounds.
The following list includes some of the most typical severe injuries experienced by motorcycle riders:
- harm to the brain from trauma
- Broken bones
- Driving rash (severe abrasions to the skin)
- Back and neck pain
- spinal cord damage
- Defloration wounds (where skin and blood cells are torn away, leaving underlying tissue exposed)
- harm to soft tissue
- burn wounds
- limb amputations
Motorcyclists are more likely to die in accidents, in addition to being more likely to get injuries. A collision can result in death even at relatively modest speeds.
Do Medical Insurance Cover Injuries From Motorcycle Accidents?
Your medical insurance may pay for the treatment you need if you were hurt in a motorbike accident. Emergency department care, diagnostic and imaging services, hospitalization, surgery, prescription drugs, therapies, and more should all be covered by health insurance to some extent.
But just as whenever you go to the doctor, you’ll probably have to pay some out-of-pocket costs, such as copays and deductibles. Furthermore, you might be liable for part or all of the cost of any care you receive from providers who are not in your insurance network or whose services are not covered by it.
You might be tempted to postpone some medical procedures owing to the expense given the financial strain that follows a motorbike accident. Your top goal, though, should be your health.
There is a greater chance that you will recover from your injuries if you follow your doctor’s recommendations and receive the necessary care. Your medical expenditures, including deductibles, copays, and out-of-pocket costs, may be covered by our Texas motorcycle accident lawyers.
Can a Motorcycle Accident Cause PTSD?
Motorcycle accidents can cause psychological distress in addition to a high risk of physical harm. One major mental health condition that wounded motorcyclists may experience after an accident is post-traumatic stress disorder (PTSD).
Following a motorbike accident, PTSD symptoms could include:
- victims “relive” the accident through flashbacks
- unwanted ideas and memories of the mishap
- Hypervigilance (elevated alertness and expectation of danger) (elevated alertness and anticipation of danger)
- extreme apprehension
- Depression
- withdrawal from friends, family, and daily activities
- Confusion when concentrating
- persistent nightmares
The signs of PTSD extend beyond problems with psychological health. Motorcycle accident victims and those who experience PTSD may struggle with sleep, use drugs or alcohol excessively, act aggressively, or become impulsive or irresponsible, among other symptoms.
It’s critical to take care of both your physical and mental health after a motorbike accident in Houston. You can get assistance from a mental health specialist in overcoming problems including anxiety, depression, PTSD, and more.
Are medical expenses covered by motorcycle insurance?
In Texas, motorcycle riders are obliged to have the same insurance as regular motorists. The following are the prerequisites for Texas motorbike insurance:
- bodily injury liability coverage of $30,000 per person
- bodily injury liability insurance per accident of $60,000.
- Property damage liability insurance of $25,000
If you cause an accident, these insurance coverages cover personal injury and property damage. Unfortunately, your motorbike insurance won’t pay for your medical expenses and other losses if you only have minimal coverage.
If you obtain insurance coverage over the legally required minimum, you can have access to benefits that pay medical costs. For instance, medical payments insurance (often referred to as MedPay) is an optional policy that pays for the costs of your and your insured’s medical care in the event of an accident.
In Houston, Developing a Motorcycle Accident Claim
How Long Does Recovery From a Motorcycle Accident Take?
The length of time it takes for motorcycle accident injuries to recover is not standardized. Road rash, a typical motorcycle accident injury, often gets better within a few weeks. Meanwhile, depending on the location of the fracture, the pressures involved, and the seriousness of the break, recovery from a broken bone may take as little as 6 weeks or as long as 5 months (among other factors).
In the end, a variety of circumstances may affect how long (or whether) recovery is possible. These consist of:
- The nature of the wounds you have received
- how severe the wounds are
- Whether you get immediate medical help
- The available treatments and their effectiveness
- Before the event, how you were feeling and living
- Your compliance with the recommended treatment plan and medical advice
Unfortunately, several common injuries sustained in motorcycle accidents (such as brain or spinal cord damage) may never fully heal. Patrick Daniel, an attorney who specializes in motorcycle accidents, will consult with your doctors and other medical professionals to fully evaluate the severity of your injuries and your outlook. Patrick Daniel Law will work to get you the money you deserve, regardless of whether you fully recover or the effects are permanent.
What to Do Following a Motorcycle Accident in Houston
If you can, you should call 911 as soon as possible following the accident. Try not to move if you are critically hurt and ask the at-fault driver or a bystander to phone emergency services. In most circumstances, rescue professionals will transfer you to the hospital for emergency care after assessing your injuries.
However, there are several measures you can do to start establishing your motorbike accident claim if you are treated on the spot and released.
State to the police officer as the first step
In Texas, any accident scene involving more than $1,000 in property damage, an injury, or a fatality must be reported to the police. Give an officer a thorough, truthful description of what happened without assigning blame when they arrive to collect your statement.
To support your motorbike accident claim, the police record is crucial. After giving the officer your statement, make sure to collect their name, badge number, and precinct. You should also inquire about how and when you can obtain a copy of the report.
Step #2: Talk to the driver and exchange information
Whether you use your phone to take notes or photos of the documents, you must collect the following details:
- Name, residence, and license number of each motorist who took part in the collision
- Contact details for the parties involved, including phone numbers
- The name and policy number of each driver’s insurance provider
- All vehicles’ license plate numbers
- Having this information on hand at the scene will make it simpler to file a lawsuit against the negligent driver.
Step 3: Consult with witnesses
Ask any onlookers who witnessed the incident if they would be willing to share their account of the mishap. You should specifically inquire about:
- They witnessed
- they go by
- their telephone number
Whether or not the testimony of a third party supports your case, it is still valuable. Your case will be strengthened if the witness states that you were not at fault. We can better prepare for defense arguments that you are partly to blame if a witness says that you contributed to the accident.
Step #4: Document the accident scene with photos
Insurance companies will send accident investigators to the scene as soon as possible following a motorcycle collision. These detectives will document everything with detailed notes and photos, but they aren’t doing it to aid you; they are doing it to defend their employer.
Take pictures of anything you believe might be important using the smartphone camera in case you decide to pursue a claim. This could include the harm done to your bike and the other car, your wounds, any roadside evidence of the collision (such as skid marks, harmed guardrails, etc.), and more.
Step #5: Get medical help right away
Your first port of call should be the emergency room or your doctor’s office for a thorough evaluation once you are prepared to leave the accident scene. Although paramedics are qualified to spot serious injuries and provide emergency care, they lack the training and resources necessary to fully assess your injuries.
After a motorcycle accident, prompt medical attention is crucial for two main reasons:
Without treatment, injuries like concussions may only show themselves in a minor way at the scene of the collision.
If you don’t get treatment right away and then file a claim, the defense will use the delay to call into question how serious your injuries are.
After a motorcycle accident, you should visit a doctor or go to the emergency room as soon as you can to document your injuries. How much compensation you may be entitled to for your injuries will be heavily influenced by your medical records and the bills connected with them.
Contact a Houston motorcycle accident attorney as the sixth step
After the accident, the insurance companies immediately begin to build their defense. It is in your best interest as the victim to begin developing a potent offense as soon as possible. Before you say anything to an insurance adjuster, you should speak to a motorcycle accident lawyer.
Make an appointment with Patrick Daniel Law right away for a free case review
When it comes to representing clients involved in motorcycle accidents, Patrick Daniel Law is tenacious. Our motorcycle accident attorneys fight for your right to compensation and aren’t afraid to go to trial if that’s the only way to get you the result you deserve.
Motorcycle Accident Injury Lawyer in Houston
How Do Claims For Motorcycle Accidents Operate?
Most people believe that you must file a lawsuit as soon as possible after an accident. However, you might not even need to bring a lawsuit.
Negotiating a Settlement for a Motorcycle Accident
The next step is to file a claim with the relevant insurance provider after the responsible party or parties have been located (or companies). The letter that details the accident’s facts, how the insured is at fault, and the damages sought constitutes the claim.
The insurance company may make a settlement offer after receiving the claim. Although it will almost certainly fall short of the damages you seek, this could be a good place to start when negotiating a settlement.
Fair settlement negotiations can take months or even longer complete. Your lawyer will fight for your rights throughout the negotiations and work to achieve a favorable result.
If your motorcycle accident claim is settled, no further legal action is necessary. Once you decide to settle, you won’t be able to seek additional compensation, so it’s important to talk it over with your attorney to make sure the settlement will adequately compensate you for your current losses and give you the resources you need for the future.
Legal Action Following a Motorcycle Accident
In contrast, the insurance provider might reject your claim or make an inadequate settlement offer. It might be necessary to file a lawsuit if either of these events occurs.
The best course of action is to have a lawyer handle the litigation process on your behalf, even though anyone can file a lawsuit. An experienced lawyer will be aware of the necessary court submissions, procedural requirements, etc. Your case will be heard on a date set by the court.
Trial of a Motorcycle Accident Case
Several requests, motions, and responses make up pre-trial proceedings. Additionally, the attorneys for both parties will exchange and request pertinent data (a process known as discovery).
Getting ready for a trial is difficult and time-consuming. You should always feel involved and heard, even though your motorcycle accident attorney will handle the complexity on your behalf.
Even after you file a lawsuit and before the case goes to trial, a settlement is still conceivable. However, if a deal cannot be reached, your attorney will argue your case in court.
The amount of the verdict could be higher than what you requested in compensation. However, going to court also carries a certain amount of risk. An experienced trial lawyer will aggressively pursue a favorable outcome while giving you honest advice about the likelihood of success.
What if I’m held responsible for the motorcycle crash?
A common stereotype of motorcycle riders is that of careless daredevils. Due to this stigma, it is very challenging for motorcycle riders to receive a fair trial after an accident.
Motorcycle accident blame is frequently placed on the rider by other motorists, insurance providers, and even the police. Unfortunately, motorcyclists find it challenging to defend themselves due to the high frequency of fatalities and severe injuries in collisions.
If you are accused of being responsible for a motorcycle accident, you must provide strong evidence to the contrary. Hiring a Houston motorcycle accident attorney as soon as possible is the best course of action. To prove that you are a responsible rider, you must also be aware of and follow local and state laws.
What Would Happen If I Had Not Been Wearing a Helmet During the Motorcycle Accident?
Texas law exempts riders who are 21 years of age or older, possess the required licensing, and/or are covered by insurance. Therefore, failing to wear a helmet does not always amount to negligence.
However, there is strong evidence linking motorcycle helmet use to a lower risk of head and brain injuries. If you weren’t wearing a helmet when you were involved in a motorcycle accident and suffered head injuries, you might be held partially accountable and your damages might be lessened.
All motorcycle riders under the age of 21 are required by law to wear helmets. If you break the helmet law and are involved in a motorcycle accident, your ability to receive compensation may be significantly hampered.
In Texas, can motorcycles split lanes?
All vehicles (including motorcycles) must follow marked lanes according to Texas traffic law. Despite not being expressly forbidden, this effectively makes lane splitting unlawful.
Lane splitting entails a high collision risk. Due to the size difference between motorcycles and cars, a driver may pull out in front of your motorcycle without realizing you are riding in the middle of the road.
You will probably be held accountable if an accident occurs due to the restrictions on lane splitting. Therefore, it is worthwhile to stay in your lane to lower your risk of an accident and avoid liability.
I was forced to crash my motorcycle; can I sue them for that?
Single-vehicle crashes frequently involve motorcycles. This frequently happens when the rider swerves to avoid a collision or another potential hazard or is forced off the road.
You might believe that you cannot file a claim if there is no collision with another vehicle. That is not the situation. You must demonstrate that the other driver’s negligence—for example, that he was speeding, distracted, etc.—led to the collision.
It can be very challenging to establish fault in a single-vehicle accident. To identify the responsible party and pursue the settlement you are entitled to, a Texas motorcycle accident lawyer will examine the scene, speak with witnesses, and take other actions on your behalf.
How Can a Motorcycle Accident Be Avoided?
Defensive driving is stressed in every driver education class. Similar to car drivers, motorcycle riders must understand the significance of riding defensively.
You can take the following measures to prevent motorcycle accidents:
The leading cause of accidents is following another vehicle too closely. Give yourself plenty of space between your bike and other moving vehicles. Watch the cars on both sides, maintain a safe distance between your bike and the car in front of you, and try to stay in the middle of your lane.
Intersections are among the most dangerous places for motorcycles, so be on the lookout for vehicles turning left. Drivers can miss oncoming motorcycles when making a left turn. Watch for any indications that the driver or drivers in the opposite lane may turn in front of you as you approach an intersection.
Verify your speed because it’s a common cause of motorcycle accidents. Although you have no control over the speed of other drivers, you can change your speed to remain within the limit and lessen the chance of an accident.
Watch the weather: Compared to other types of vehicles, motorcycles are significantly more susceptible to weather-related collisions. Be sure to check the forecast before you leave home because there are areas of Texas that frequently experience strong winds and rain.
Avoid lane splitting: In Texas, it is against the law to ride in the space between lanes of traffic. Lane-splitting motorcycle riders run the risk of getting hurt if a car changes lanes in front of them. You must ride in one lane at all times to maintain your safety and follow the law.
Avoid alcohol because it impairs your ability to drive safely and operate a motorcycle safely, as well as your hand-eye coordination and decision-making. Never ride a bike after consuming alcohol.
When turning, proceed slowly because doing so could result in you losing control of your motorcycle. Reduce your speed as you round a curve and keep an eye out for any potential dangers.
Maintaining your motorcycle in good working order is one of the best ways to prevent an accident. Carry out the required upkeep and repairs, and routinely check the fluids, brakes, and tires.
Wear the proper protective clothing: A helmet, motorcycle jacket, and other items can lessen your risk of getting hurt in an accident. Your best course of action is to prepare for every ride.
Improve your visibility: According to Texas law, motorcycles must be equipped with a rear reflector, a taillight, and at least one headlamp. Wearing light-colored clothing and/or reflective materials can also increase your visibility to other drivers at night.
Unfortunately, despite your best efforts to stay safe, accidents still may occur. There are several actions you can take if you are involved in a motorcycle accident.
Your Motorcycle Accident Claim’s Compensation
Damages in motorcycle accidents are frequently high due to the possibility of catastrophic injuries and the costs of treating those injuries. You shouldn’t have to bear any of the financial burdens on your own if you are not to blame for the crash.
Our motorcycle accident attorneys will work to get you the full compensation you are entitled to after reviewing your claim. You might be eligible for damages for:
The price of medical care
- expected costs for treatment and medical care in the future
- the money you would have made had you been able to work before the accident
- future income loss should your injuries prevent you from returning to work
- Distress and suffering
- emotional distress
Costs associated with unique situations, such as those associated with home and vehicle modifications, in-home healthcare, hiring other professionals, etc.
You may also be eligible for punitive damages, which are sums of money awarded to you as a form of punishment or deterrent against the defendant. Punitive damages in Texas are typically only available in cases where the defendant intentionally caused harm or where the degree of negligence was extreme.
What Can I Hope to Get Out of the Insurance Adjuster?
The motorcycle accident must be reported to your insurance provider per legal requirements. But if an insurance adjuster from the company of the at-fault driver tries to get in touch with you, you ought to keep your conversations as brief as possible.
Insurance adjusters are taught how to lower the number of damages their employer must cover after accidents. Despite appearing friendly, the adjuster does not have your best interests at heart.
The following are some strategies an insurance adjuster might employ against you:
- attempting to settle with you for a small sum and saying that it is “the best they can do.”
- asking direct questions to persuade you to make an error or say something that is not in your best interests.
- requesting an audio recording (which the insurance company will scrutinize and later use against you).
- to sign a medical release form.
You run the risk of undervaluing your motorcycle accident claim or losing your entire right to compensation if you converse with the adjuster or yield to their pressure. Many claimants fall into the trap of agreeing to a settlement that only partially compensates them for their losses or saying something that the insurance provider can use as an excuse to underpay or deny their claim.
It is in your best interest to speak with a lawyer as soon as possible rather than attempting to negotiate with the insurance provider yourself. Patrick Daniel Law’s Texas motorcycle accident lawyers can handle correspondence with the insurer on your behalf and pursue just damages for your losses.
What Is the Typical Motorcycle Accident Settlement?
The kind and extent of the harm you and your family experience as a result of the motorcycle accident will determine the amount of compensation to which you may be entitled. It’s important not to believe everything you read, even though you might come across conflicting statistics for “average” verdicts and settlements following a motorcycle accident (or even free online tools that claim to be able to estimate “how much your case is worth”).
How much you might be able to recover will ultimately depend on the particulars of your case. The following are a few variables that could influence how much your claim is worth:
The extent of your wounds
The amount you lost in both economic and non-economic terms
The insurance policies that the parties to the case have
Whether your case is resolved out of court or not (insurance settlement payouts are typically lower than verdicts awarded at trial)
The actions of the responsible party or parties (courts will only grant punitive damages if you can show that the defendant(s) acted with extreme carelessness or malice)
Comparative fault issues
The choice to hire a lawyer can have an impact on your motorcycle accident settlement or trial outcome. Claimants who work with a lawyer typically receive much higher settlement amounts than those who handle their cases.
Compensation for Wrongful Death in Motorcycle Accident Cases
Your family may be able to receive compensation in a wrongful death lawsuit if a loved one died in a motorcycle accident where another party was at fault. In Texas, the surviving partners, kids, and parents of a deceased rider are entitled to financial support for:
- the loss of earnings and other sources of support that the deceased would have otherwise provided for others
- Funeral, burial, and cremation costs
- emotional angst
- Lost guidance, love, and care (loss of consortium)
You may be entitled to compensation for your loved one’s pain and suffering in addition to the medical expenses incurred before his or her passing by bringing a survivor action.
- What Is the Typical Motorcycle Accident Settlement?
- What Causes Motorcycle Accidents the Most Frequently?
The lawyers at Patrick Daniel Law have litigated motorcycle accident cases involving a variety of different situations. Most of the time, the driver of the car or other motor vehicle who was operating it negligently is to blame for the collision.
The following list includes the most frequent mistakes made by other drivers that result in motorcycle accidents:
- driving while distracted by phone calls, texts, etc.
- impaired driving
- Speeding
- Too close to follow
- refusal to yield
- no checking for blind spots
- Making a left turn in an intersection without checking for oncoming traffic
- Opening a car door as a motorcycle passes it in the street is known as dooring.
Not all motorcycle collisions with other vehicles result in injury. In some instances, riders may take evasive action to avoid being hit by the car, only to crash their bikes as a result. In other cases, there might not even be another vehicle involved in the collision.
Near-Miss Mishaps
In a near-miss, either the motorcycle rider takes evasive action to avoid the collision or the other driver adjusts their course at the last second. The car’s driver can regain control and carry on driving normally, but it’s not always the case for the motorcycle rider.
- In a near-miss, riders could suffer a crash because
- They have been pushed off the bike by it sliding.
- They are pressed for time to break.
- Over the handlebars, they fly.
- They’ve been forced off the road.
These single-vehicle collisions can all result in life-threatening injuries. Additionally, it increases the possibility of other nearby vehicles hitting the motorcyclist.
Motorcycle mishaps due to defects
Some accidents are the result of carelessness on the part of the motorcycle’s maker. A defect can cause any number of different parts to malfunction, including:
- fuel container
- Tires
- Brakes
- The bicycle’s framework
- The handrails
- The headlamp
The motorcycle accident lawyers at Patrick Daniel Law can seek restitution from the manufacturer of the defective part on your behalf if the defect led to an accident. Our team is ready to take on multibillion-dollar corporations and fight for the compensation you are entitled to in your case.
Unsafe Roads as a Cause of Motorcycle Accidents
Negligent road construction and upkeep is other major factor in motorcycle single-vehicle collisions. Although all vehicles are at risk from potholes, pavement cracks, missing or damaged guardrails, and other hazards, motorcycles are typically most at risk of a collision due to these factors.
The government agency in charge of designing and maintaining the road’s safety may be at fault for the accident, as may the construction company or a subcontractor that did not construct the road properly, or a combination of these and other parties.
To find out who caused the accident, our attorneys will conduct an investigation. Then, we will go after everyone whose carelessness resulted in your crash to get you the compensation you are due.
For motorcycle accidents, who is at fault?
A motorcycle accident may be the fault of one or more parties. You might be able to make claims against them: Depending on the situation.
A driver: Collisions between a motorcyclist and a passenger vehicle are the main focus of most motorcycle accident claims. You might be entitled to compensation if the driver was careless.
A company: In the Houston region, commercial vehicle accidents can involve anything from large trucks to buses. If a worker causes an accident while on the job, the company that hires the commercial driver may be held accountable.
A vehicle or part manufacturer: Accidents brought on by faulty vehicles and parts frequently result in prominent defective product claims. If your motorcycle or one of its parts has a flawed design or manufacturing, several parties along the chain of distribution may be held accountable.
A bar, restaurant, or other business that serves alcoholic beverages: If the accident was caused by a drunk driver, you might be able to obtain compensation by filing a dram shop law claim against the business that overserved the client.
All vehicles are negatively impacted by poorly constructed and maintained roads, according to a government agency. Motorcycles, however, are particularly susceptible to dangerous roads. If dangerous conditions contributed to your collision, you might be able to make a claim against the state or local authority in charge of maintaining the road.
It can be challenging to pinpoint who or what was at fault in a motorcycle accident claim. To determine who is responsible, the lawyers at Patrick Daniel Law will conduct a thorough investigation into what caused the accident.
What Does Texas Law Say About Motorcycle Helmets?
In Texas, wearing a helmet is not legally required for all motorcycle riders. Underage riders are required to wear helmets. However, if a rider is at least 21 years old and either I have completed an authorized safety course for motorcycle operators or (ii) can show proof of at least $10,000 in medical insurance, they are permitted to do so without wearing a helmet.
One of the most crucial actions you can take to safeguard yourself in the event of a motorcycle accident is to wear a helmet. However, if you weren’t wearing a helmet when the accident happened, it doesn’t mean you won’t be able to get compensation (provided you follow the legal requirements outlined above).
However, under the doctrine of comparative negligence, you might be eligible to receive less compensation if it turns out that using a helmet could have lessened the severity of your injuries or prevented them altogether.
What Effect Does Comparative Negligence Have on My Claim for a Motorcycle Accident?
Drivers frequently argue over who is to blame for an accident. Unfortunately, when a driver is at fault for an accident, motorcyclists are far too frequently held accountable.
Motorcycle drivers frequently encounter the stereotype that they are irresponsible or overly aggressive on the road. In actuality, however, driver negligence causes more motorcycle accidents than motorcycle operator errors.
Even so, negligent drivers in motorcycle collisions frequently assert that the rider was partially or even entirely to blame for the collision. Comparative negligence claims may be used by responsible insurance companies to reduce or even reject your accident claim.
Even if you are found to be partially at fault in a motorcycle accident, you might still be able to recover damages. As long as they are not more than 50% at fault for the accident, Texas’ law on comparative negligence allows parties who are partially at fault to receive compensation. Damages are diminished in direct relation to the degree of fault.
You shouldn’t have to accept less, though, if the other driver was entirely to blame for the collision. A seasoned Houston motorcycle accident attorney from Patrick Daniel Law can fight for the financial support you require and refute claims that you were negligent in some way.
Accident Due to Motorcycle Blind Spot
How long do I have to file a claim after a motorcycle accident?
You have two years to file a claim in Texas if a motorcycle accident caused your injuries or the death of a loved one. This deadline applies to claims made against commercial entities, private individuals (such as the operator of another vehicle), and producers of faulty goods.
However, the time limit is much shorter if a government body is to blame for the motorcycle accident (for example, if the crash happened as a result of a public employee’s negligence or a dangerous road that the government neglected to maintain). A notice of claim must be served on the proper agency within just six months, according to the Texas Tort Claims Act. The time frame might be even shorter depending on where the motorcycle accident occurred. For instance, claims against the City of Houston must be submitted within 90 days.
These deadlines highlight the significance of retaining legal representation as soon as possible following a motorcycle accident. Even though out-of-court settlements handle the majority of accident claims, you might need to file a lawsuit to get the money you’re due. You don’t want to lose your chance to receive compensation, and a motorcycle accident attorney can make sure that all deadlines are met.
What is the average length of a motorcycle accident lawsuit?
It is crucial to remember that filing a lawsuit to obtain compensation following a motorcycle accident may not be necessary. In reality, most accident claims are resolved outside of court and without the need for formal legal action.
However, submitting a claim to the insurance provider of the negligent driver does not ensure payment. The insurer might reject your claim or offer you a meager settlement that doesn’t adequately compensate you for your losses.
An accomplished attorney can represent you in negotiations with the insurance provider. Claims are typically settled more quickly when you have an attorney, even though it might take weeks or months to reach a fair settlement (depending on elements like the strength of your case’s evidence, the insurance company’s willingness to negotiate, etc.).
You and your attorney can discuss bringing a motorcycle accident lawsuit if the insurance company refuses to give you a fair settlement. The lengthy process of moving accident claims through the backed-up court dockets can take months or, in some cases, longer than a year. However, it is important to consider all of your options when receiving fair compensation for your injuries.
Why Patrick Daniel Law for Your Injury Case in a Houston Motorcycle Accident?
The speed with which insurance companies blame the biker after any motorcycle accident is one of the most frustrating aspects of the situation. When someone files a claim, passing the buck is standard procedure, but insurance companies will always work to blame the motorcyclist for the collision. If they do offer you a settlement, it will almost certainly fall far short of covering all of your costs.
Being the voice for accident victims who would otherwise be exploited by the insurance companies is a top priority for Patrick Daniel Law. Throughout the entire course of your case, we defend you.
Your free case evaluation is where it all starts. You will share your experience with our team so that we can comprehend the full effects of the motorcycle accident on your life, including the emotional toll and effects on your family as well as the financial costs.
If you choose to work with us, our lawyers and staff will thoroughly look into the accident. Based on the financial and non-financial losses you have experienced, we will also determine the damages to which you may be entitled.
We will handle the difficult work of negotiations and other tasks after submitting this demand to the insurance provider so you can concentrate on getting better. You will receive regular updates on your case from us, and you are always welcome to get in touch with us if you have any questions or concerns.
Although many motorcycle accident cases are settled out of court, our objective is to obtain the highest settlement amount for you. We are ready to act in your best interests and the interests of your family, whether that results from a settlement or a verdict at trial.
What Does a Motorcycle Accident Attorney Charge?
Your initial consultation with Patrick Daniel Law is cost-free. Additionally, you don’t pay legal fees until your motorcycle accident case is successfully resolved.
This is referred to as a contingency fee agreement, which is crucial to the practice of personal injury law.
Lawyers wouldn’t have many clients if they demanded ongoing payments from accident victims or charged victims upfront fees. The last thing a person who is seriously injured and unable to work needs is additional legal expenses.
Contingency fees mean that your lawyer won’t get paid until you do. Due to the removal of the upfront payment requirement, you are now free to seek knowledgeable legal counsel without worrying about how hiring a motorcycle accident lawyer will impact your budget.
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