What Should You Do After a Motorcycle Accident in Texas?
The steps you take immediately after a motorcycle crash will go a long way towards protecting your right to a maximum recovery in your case. Our Texas motorcycle accident attorneys suggest that you:
- Contact our office immediately – We can get to work right away on preserving evidence, dealing with insurance companies and taking action to seek just compensation for your physical, mental and financial harm.
- Don’t talk to anyone about your crash – Tell the insurance companies to call us, not you. Anything you say can be used against you by the insurer in an attempt to minimize or deny your motorcycle accident claim. It is also a good idea to stay away from speaking to others about the crash or discussing it on social media.
- Get medical help right away – Motorcycle accident victims can suffer severe injuries. After your initial treatment, make sure to get evaluated and treated by a specialist and follow your recommended care plan. If you do not have health insurance, we can assist you in getting the medical care you need.
- Keep everything – Save the police accident report, pictures of your motorcycle and the accident scene, medical bills, motorcycle repair bills and letters from the insurance company. We can address all of these issues for you. So, whatever you have, provide to us, and we will assist you. If you don’t have anything, we will get to work on acquiring the information.
Following these four steps above will greatly help your case. By taking the right steps at the beginning of a case, we will likely be in a better position to seek a substantial compensation package for you.
Why Do You Need a Texas and Dallas Motorcycle Accident Attorney?
An insurance company may tell you that your claim can be resolved, so there will be no need for an attorney to get involved. Why do you think they would say this? Is it because they believe that, if you do not have an attorney, they will be able to pay you much less than the fair value of your claim?
Studies have shown that accident victims who are represented by lawyers generally recover higher amounts of compensation than those who go without legal representation. Our law firm believes the stakes are too high to move on without an attorney.
In particular, the insurance company for the vehicle driver may try to pin blame on you. This is because Texas follows a modified comparative fault rule. If you are found to be more than 50 percent at fault, you can be barred from a recovery. If you are less than 50 percent at fault, your recovery can be reduced in proportion to your degree of fault.
According to a landmark study, The Hurt Report, the “predominating cause” of motorcycle accidents is the failure of car and truck drivers to “detect and recognize” motorcyclists. This can occur for many reasons. Certainly, a vehicle driver may be careless, distracted or impaired by alcohol, drugs or fatigue. But, what we see time and time again is that drivers don’t detect the smaller-sized motorcycle and proceed to drive in the motorcycle’s path, which causes a crash.
A negligent vehicle driver may try to shift responsibility and claim you contributed to your own injuries because you drove too fast, engaged in lane-splitting, did not signal, or failed to wear a helmet. With our attorneys on your side, we can work to effectively rebut those arguments.
The bottom line: Insurance companies will be out to protect their profits by limiting what they pay you. When you are represented by our lawyers, however, we will be focused on protecting you and seeking maximum compensation for your injury.
What Happens in a Texas Motorcycle Accident Claim or Lawsuit?
At Tate Law Offices, P.C., our motorcycle accident lawyers can skillfully guide you through the process of a claim and, if needed, a lawsuit. Our attorneys can:
- Assist you in getting the medical help you need – Motorcyclists are not protected by the frame of a car. As a result, they can suffer severe head, neck, back, arm and leg injuries. We will help you find the right doctor for your specific injury. If you are not covered by health insurance, we will work with the doctors to arrange for alternative payment methods.
- File claims to repair or replace your motorcycle – Getting the damage to your bike fixed or finding a new motorcycle may be your immediate concern. We can handle that aspect of the case for you so you can get back on the road as soon as you are physically and mentally ready.
- Investigating your crash – We can obtain and review the police report, analyze the accident scene, study crash photos and interview witnesses. We can also consult with accident reconstruction experts who can explain why your motorcycle accident occurred and who was responsible for it.
- File a lawsuit in the proper court – If your case cannot be settled without litigation, we can file a lawsuit in the right venue and begin litigating your case. If needed, we can seek court orders to require the vehicle driver to provide information that he or she may be withholding.
- Negotiate a settlement or go to court – We prepare all our cases for trial. This gives us an advantage when seeking a settlement from the insurance company. We can be aggressive at the negotiation table and persuasive in the courtroom if a trial is needed. Our goal is to maximize your recovery.
- Collect your verdict or settlement – Even after a settlement is reached or a verdict is returned, steps must be taken to collect what you are owed. We will work diligently to collect and disburse the funds you are owed as quickly as possible so that you and your family can move on with your life.
We handle all accident cases in Texas and in surrounding states. We work on a contingency fee basis, which means you will pay nothing while we represent you unless we obtain a recovery on your behalf.
What Can You Expect to Recover in a Texas Motorcycle Accident Claim?
As experienced Texas motorcycle accident lawyers, we understand the serious nature of the injuries that occur in these wrecks and the types of treatment and rehabilitation that victims need. We can handle cases that involve:
- Friction burns and other types of burns
- Spinal cord injuries
- Traumatic brain injury
- Neck and back injury
In a motorcycle accident claim or lawsuit, we will seek a full recovery for you, including compensation for:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Physical impairment
- Permanent disfigurement
- Pain and suffering
- Other applicable damages.
Additionally, we will explore compensation that may include punitive damages, which are meant to punish and deter especially reckless conduct.
If you have lost a family member in a motorcycle accident, please see our section on the unique types of wrongful death and survival damages that may be sought on your behalf.
Our lawyers will seek a recovery from all parties who contributed to your motorcycle accident injuries, and we will closely review all insurance coverage available to you. We will aggressively counter any efforts to attribute negligence to you and to diminish your recovery.
Contact our Texas Motorcycle Accident Attorney Today
At Tate Law Offices, P.C., our lawyers and staff members understand and appreciate the passion of motorcycle riders.
We believe that motorcycle accident victims and their families deserve to work with a legal team that will be as equally passionate about protecting their rights and pursuing maximum compensation.
To learn more about our approach to representing our clients, please see “Our 10 Promises to You.” To get started on your case, simply call us or reach us online. We can provide an immediate, free consultation.
- Motorcycle Accident Cause Factors and Identification of Countermeasures, Volume I: Technical Report (“The Hurt Report”), UCLA Traffic Safety Center
- Texas Motor Vehicle Crash Statistics, Texas Department of Transportation (TxDOT)
- Look Twice for Motorcycles. Seeing Them Is Saving Them, TxDOT
- Traffic Safety Facts: Motorcycles, National Highway Traffic Safety Administration