Motorcycle Accident Attorney Discusses a Motorcyclist’s Rights Following a Bike Accident
Who wouldn’t look at the wide open highways of Texas and our brilliant spring, summer and fall days and want to take to those highways on a motorcycle? More than 400,000 motorcyclists in Texas can’t be wrong. Of course, it means the potential for crashes to occur are greatly increased.
Motorcycle crashes in Texas may happen for a variety of reasons, ranging from driver negligence to serious mistakes such as drowsy driving or even malicious errors like driving while drunk or on drugs. If you have had the misfortune of motorcycle accident injuries in Texas, do you know your rights? If you have lost a family member due to a deadly motorcycle wreck, you are aware of the legal means open to you, to see justice done? You are not? The following article by the motorcycle accident attorneys of our law firm will help you answer these questions by giving you relevant information on motorcycle crashes in Texas. With 20 years of experience in the Texas injury law and cases of suspicious death, our motorcycle accident attorneys are here to help you through a difficult time.
The Difference in Automobile and Motorcycle Crashes
Motorcycle wreck sites provide easily observable differences between automobile crashes and crashes on a bike. Motorcycle crashes often result in serious injuries and a greater likelihood of death. The Texas Department of Transportation says that two-thirds of all motorcycle crashes result in serious damages or death to the motorcyclist. There were fully 418 deadly motorcycle crashes in 2018, which is about 16 percent of all traffic fatalities in Texas. Also, 6,913 motorcyclists or passengers were hurt in 2018. Terrible consequences to many motorcycle crashes are easy to understand due to lack of protection for the driver, and/or their passengers. Cars, by their very design, provide much better protection in accidents than what is afforded a motorcyclist.
Unfortunately many people do not see that the difference leads to an extensive difference in how such incidents are to be handled in the courts. For example, while typical automobile accident lawsuits may be handled without any of the parties needing the assistance of a lawyer it is a rare occasion when a motorcycle accident compensation lawsuit does not need the able guidance of a law firm experienced in motorcycle accident law in Texas. Because of the increased risk of serious damages or death, the amount of compensation that may be involved will cause an insurer to fight aggressively against the interests of an injured victim or the surviving family. Without the help of an experienced motorcycle accident attorney, a victim does not understand the full value of their lawsuits, and may be likely to accept a low-ball offer.
Deadly Texas Motorcycle Crashes
The Texas Department of Transportation reported that a deadly motorcycle accident in Texas occurs every day. Or put another way: A family loses a member every day of the year, somewhere in Texas due to a deadly motorcycle accident. If you had the unfortunate tragedy of losing a family member in a deadly motorcycle accident in Texas, our Texas lawyers experienced in wrongful death litigation may help uncover the truth of the scene so that each liable party may be properly found and brought to justice for negligent behavior. When an accidental death happens due to negligence of another party, the surviving members of the family are entitled to file a civil lawsuit against the wrongful death of the negligent party or parties to seek compensation for death damages and survival damages.
Although only one family member may seek damages on behalf of the motorcyclist who was killed, several members of the family may seek damages for wrongful death could suffer financial losses due to the death of their loved one. However, many causes for wrongful death are pursued in order to apply specifically for compensation. While compensation is a necessary part of the process of wrongful death cases, and works to help bereaved families fighting the monetary losses that come in the wake of a physical loss, wrongful death damages also serve to place liability on all responsible parties for their negligent actions. Before filing a lawsuit, a grieving family may contact our motorcycle accident attorneys so that an independent investigation is carried out. It may be used to determine what happened in a deadly cycle accident, so that all parties are held responsible. Each party will then be able to sue for their special role in causing or contributing to an accident.
The motorcycle accident lawyers at our law firm have 20 years of experience in the investigation of deadly accident scenes. Therefore, they are able to understand the complex scenes of vehicle crashes and know when to dig deeper to ensure that all parties liable for the loss of a family member are. Through these efforts, together we may ensure that negligent parties are brought to justice for having caused so much pain and loss.
Texas Motorcycle Crashes And Their Injuries – Motorcycle Accident Lawsuit
Motorcycle crashes may cause damage and a series of injuries. Motorcycle accident injuries may be mild, such as bruises and scratches, or they may cause debilitating injuries such as neurological or spinal cord injuries. Road rash is a usual, albeit small, type of motorcycle injury. However, if this rash isn’t treated within the appropriate amount of time, it may worsen with infection. As each with every injury in a lawsuit, it is important that the victim seeks medical attention, or they will suffer from a possible case of failure to mitigate damages. For example, if in the motorcycle accident, the victim did not seek medical help and road rash develops into a serious infection, a party or parties responsible for a motorcycle accident may not be held responsible for those infections.
The more serious and common injuries in motorcycle crashes are fractures and broken bones. Due to the open nature of bikes, drivers and passengers are often ejected from the motorcycle and thrown to the ground. The sheer power of such a collision with the pavement often leads to broken arms, broken bones or fractures. While this requires medical attention and costly future medical expenses, those who suffered a motorcycle accident with a broken leg may also suffer from the monetary losses from the loss of mobility, which may seriously affect their ability to work. With a personal damages lawsuit by an experienced motorcycle accident attorney, a motorcyclist hurt may seek compensation for their lost wages.
Motorcycle injuries may include severe disfigurement, or spinal cord and traumatic brain injuries. Each of these injuries may lead to lifelong medical conditions that require round the clock care. Burns may occur causing pain and suffering of the victim and disfigurement. The scars on the face, hands, legs, neck or back may leave lasting reminders of a terrible ordeal. The loss of limbs, such as amputation of an arm or a leg, may severely reduce the quality of life. Also, each of these problems may cause victims to suffer extreme emotional distress. Following the wreck a victim may seek compensation on the basis of these reasons.
Motorcycle helmet law in Texas requires that all children under 21 wear a helmet when on a motorcycle. Those who are more than 21 have the opportunity not to wear a helmet, provided they have completed the motorcycle rider training course in Texas or are able to demonstrate proof of health insurance. Although the arguments for and against motorcyclists’ need helmets were argued for many years, the benefits of wearing a helmet is hard to refute. The most serious motorcycle crash injuries, such as spinal cord and brain injuries may be avoided by using a motorcycle helmet. These injuries may lead to paralysis and often lead the victim to develop lifelong, life-altering disease requires constant attention. Such serious damage may result in substantial medical bills.
Depending on the severity of damages sustained in a motorcycle wreck, the victim may require medical care for days, months, years, or life. It may run up huge medical expenses, from thousands to literally millions of dollars. Thus, insurance firms that have to pay these exorbitant amounts, even justly deserved, for the victim’s wound will fight against the obligation. Without the help of an experienced motorcycle accident attorney on your side, you may receive a lot less than what your case is likely worth.
Those who have suffered serious motorcycle accident damages need to find a good attorney to review your legal options, so that the full and fair compensation can be sought which may help you cover the astronomical medical bills often associated with traumatic brain damages and spinal cord injuries.
Motorcycle Crashes Involving Alcohol
As is the case in crashes with drunk drivers involving cars, drunken motorcycle crashes may result in a lawsuit against a negligent bar or restaurant. Because of Texas dram shop laws, bars or restaurants that are over-serving alcohol to a patron, to where they exceed a level of 0.08, and the drunken action then causes harm to themselves or others may be partially responsible for such a drunk driving wreck. For example, a dram shop litigation is prosecuted if a drunk biker wrecks their motorcycle, and causes damages to themselves. Another cause of Dram Shop action may be prosecuted if a drunk driver hits a motorcycle. In both cases, if the driver was too drunk due to alcohol served at a bar or restaurant is the cause of the accident, the injured party may seek damages against the establishment for negligently serving alcohol.
An injured party can seek compensation from both the drunk driver and negligent bar or restaurant. The same question also applies to cases of wrongful death. Proving that a person has been served too much alcohol in a bar before a drunken motorcycle accident may be a challenge for those without prior experience in proving such cases. The motorcycle accident lawyers at our law firm have 20 years experience in drunk driving crashes in Texas. We have a comprehensive knowledge of dram shop laws in Texas and may help ensure that all responsible parties are held accountable for their negligence.
Motorcycles That Are Defective
Another source of motorcycle crashes are the mechanical failures of poor maintenance and / or product defects. Most cars have some kind of warning system for flaws or a mailing list for recalls. But, as the old adage says, when something goes wrong with a bike, it goes horribly, horribly wrong. When the motorcycles are working well enough, the rider usually doesn’t know there’s a problem brewing. After mechanical failure, the driver may quickly lose control of the bike, and unfortunately, it is unlikely that a motorcycle may simply coast to the curb in such circumstances.
Even the motorcycles the most well-designed and built like Yamaha, Harley-Davidson, Kawasaki, Ducati, Honda, Suzuki, Buell, and Triumph and other major motorcycle manufacturers can’t ensure there won’t be a defect or failure that results in serious damage caused by a motorcycle accident. For more information click here @ https://caraccidentattorneysa.com/motorcycle-accident-attorney-austin/
Motorcycle Product Liability
Although rare, some motorcycles come with inherent design flaws due to poor design or engineering. Many others are simply negligent constructed so that a vital part fails in the real world from the burdens that come with the intended use. A metering valve on the brake line is wrong, there’s a clutch failure, a critical cable frays, etc, and it may lead to catastrophic injuries. In the event that such breach caused the damages or death of a motorcyclist, Texas civil law allows victims to file complaints against the manufacturer for product liability. In some cases, several parties can be accused. For example, if a bike is sold by a particular manufacturer and not the components (a caliper, for example), the manufacturer or seller of motorcycle and the provider of the individual is responsible, depending of course on the extent of the negligence of both parties.
Products liability lawsuits for motorcycles are complex legal issues, and you may not base a portion of your lawsuit on speculation. You must obtain and present an extensive amount of evidence. You just saying “It’s the broken clutch” is not enough. Plaintiffs must demonstrate that failure is the result of negligence on the part of the manufacturer, and it is therefore essential that the precise cause of error is detected. To succeed in such a lawsuit, a detailed assessment of failed components from a qualified engineer may supplement the expert report detailing the exact nature of the flaw. Also, motorcycles and all accessories should be stored so they may be used as evidence in the trial.
Most product liability lawsuits don’t bear fruit because the person bringing the matter is not sufficiently cataloging and preserving evidence to substantiate their lawsuits. A non-lawyer simply does not have a sufficient understanding of the procedural issues raised in it kind of case. Product liability cases are outside the realm of even most lawyers, and we recommend not bringing a product liability lawsuit their own. It is important that you hire a motorcycle accident lawyer experienced and knowledgeable in these kinds of cases.
Problems of Motorcycle Maintenance and Statements of Condition
Poor servicing of a bike may also contribute to serious damages. Once again, when something goes wrong with the car, the automobile may often be kept at the shop where it may be repaired. However, mechanical failure of poor maintenance of the motorcycle may lead to a catastrophic event, causing serious damages or even death. Unfortunately, not all of the bike repair shops hire qualified technicians. Less-than-diligent mechanics may make mistakes which leads to failure. In it case, the alleged negligence may be applied for it workshop.
Some mechanical problems are not the result of an oversight at all. In some cases, an individual or dealer may knowingly sell a motorcycle that is in poor shape, and some even hide the extent of the poor condition. For example, our firm was recently approached by a man who bought a sport bike from a dealer. Riding to his home, the buyer realized that the bike did not ride properly. Fortunately, he took the bike to a repair shop for inspection before he had an accident. The shop quickly discovered that under the cowling the yoke was broken, the radiator was not installed right, and most importantly, the frame was damaged and masked with putty and paint spray. In short, it had been totaled and the dealer made cosmetic repairs but then sold it as being in good condition.
When a bike has a defect like this, not only is it a violation of the Deceptive Trade Practices Act, it could easily cost the life of the buyer. In such cases, the dealer who sold the bike would be responsible for their negligence and such a misleading attempt to sell a motorcycle may also bring a case for punitive damages. Click here @ https://no1-lawyer.com/motorcycle-accident-lawyer-in-odessa/
Insurance Adjusters and Jury Bias
Riders may face bias in the context of his motorcycle accident. From the general public’s view riders are wild, reckless in manner and very much at fault for anything that happens. Insurance adjusters and defense attorneys will stoke the fire of this existing bias so that the jury may be compelled to see a motorcyclist hurt by his own actions. In other words, insurance experts use this false perception of blame as much as possible. Consider that, if an expert may compel a judge or a jury to believe a rider is essentially to blame their own injuries, it is likely to save their company a substantial amount of money.
While a motorcyclist was seriously hurt due to a motorcycle accident in Texas, an insurance adjuster will probably still work to have a lawsuit denied despite the obvious need for receiving fair compensation. Above all, this becomes a major reason why any injured rider would do well to consider talking to a motorcycle accident lawyer before trying to manage their lawsuit on their own. With much to lose in compensation – which may be put to such matters as past and future medical bills, costs of property damage, lost wages, pain and suffering – the decision to work alone or with sub-standard legal counsel is simply an action that you can’t afford to have undertaken. With the help of legal counsel from the motorcycle accident lawyers at our law firm, we may take action against a bias and unscrupulous adjusters.
Our motorcycle accident lawyers know that the vast majority of motorcyclists are safer drivers. They love riding their choppers and cycles on a sunny weekend on the open roads of Texas, or cruising to the Red River, or heading down to Austin for the ROT Rally each year. Thousands of Texans appreciate the cost effectiveness, especially given gas prices, of using a motorcycle as their primary means of transportation. These riders take their own safety, the safety of their passengers and the safety of those around them seriously while riding their motorcycles. But just for a motorcyclist who was involved in any type of accident to be a safe driver is not enough evidence to convince a judge or jury that it is indeed the case you are safe. Relevant evidence from the scene of the motorcycle accident must be obtained, and such evidence must be obtained in the right way, so it may be presented to court.
But you should know that without legal assistance on your part to defend your interests, you could be exploited by the opposition’s legal assistance which operates in its own interest.
Aggressive Insurance Adjusters
As mentioned above, insurance adjusters, who handle motorcycle accident lawsuits, lose a great amount of money for their company if the victim of such a lawsuit wins. It is the last thing they want to happen, regardless of the actual needs of the victim to get adequate compensation. In some cases, a raise or bonus may be attached to the amount of money that an insurance adjuster may save their company. Thus, an insurance adjuster may work harder towards their own good, and to the detriment of the victim or the bereaved family. As such, they are often used in a variety of tactics to see that a lawsuit is denied or diminished.
For example, an insurance adjuster will try to blame as much as possible of any other entity other than his client. If most of the blame may be placed in a motorcycle accident on the victim, the lawsuit will be rejected. If the blame may be placed on several parties, the insurer will pay less compensation. Aggressive insurance adjusters do everything possible to divert as much as possible to blame others. They badger the victim of a bike accident with questions, hoping to confuse the victim’s memory of a wreck. These errors will be recorded and used against a victim in court to deny the validity of the testimony of the victims.
Another example of aggressive behavior, an insurance adjuster may offer the victim or the bereaved family a quick settlement. More often than not, such compensation is not on par with the injuries. It is a tactic that is cleverly calculated by cost-effectiveness. The most likely low-ball offer, ie the amount they may afford to lose, is what is offered and they rely on the victim needs cash fast. However, the acceptance of it initial settlement means that the victim also sign away their rights to being suit against those responsible for injuries. In essence, if the adjuster tries to reach the victim of a motorcycle accident before that the person has had the opportunity to discuss legal options with an experienced motorcycle accident attorney, the adjustor is often more likely to resolve the issue for as little money as possible.
We gather the evidence needed to prove your case. Through the use of such evidence, Besides eyewitness testimony and testimony from experts, our lawyers help bear the burden of proof, showing how a party’s negligence was the cause of their accident. Without such evidence, your words are empty. Evidence is needed to dispel the prejudices that may be working against the victim of a motorcycle accident.
Also, if the insurance defense lawyers have made a thorough examination of the scene of the accident (and the plaintiff has to have done its own research), the insurance adjuster may use these elements to create a very clear case against a victim a motorcycle accident. Without relevant evidence to back up your story, you are little or no chance to repeal the charges against you. If they may not lawsuit rejected entirely, it is often their next best gamble. More here @ https://www.attorneys-sa.com/motorcycle-accident-attorneys-san-antonio/
Do I Need A Motorcycle Accident Attorney?
There are many reasons why you should consider contacting a lawyer for your Texas motorcycle accident, whether you have been hurt in a motorcycle wreck, or if you have lost a family member due to a deadly motorcycle accident in Texas:
We understand the vehicle accident laws in Texas. With 20 years of relevant experience examining 18-wheeler crashes, automobile crashes and motorcycle crashes, we know what and above all, to seek in connection with motor vehicle crashes in Texas of all types.
We may help your lawsuit compensation for medical expenses. Even bike crashes with relatively minor damages may cause serious injuries. These injuries may require extensive medical care with the resulting high medical expenses.
We have a proven wrongful death lawsuit track record in Texas. In the last twenty years we have walked many families through difficult times, so they may see justice is served to those guilty of stealing their loved ones.
We have extensive experience in drunk driving crashes in Texas. Our lawyers understand the Dram shop law, and are ready for use is often difficult to keep working for negligent bars and restaurants in accountable for their actions.
We know the technical details involved in a motorcycle accident, including those caused by defective components. If necessary, we try to help the experts who may provide valuable evidence.
We understand that prejudice against bikers may exist in certain circumstances. We will work to show otherwise, by appropriate evidence, so that those responsible for a motorcycle wreck will be held fully responsible.
We have a hard-earned reputation against aggressive insurance adjusters and defense lawyers. In fact, we have gone against almost every major insurer in the country. They know us and respect us.
We can help prevent you being taken advantage of by an insurance company. When our motorcycle accident attorney is engaged to handle your claim or case, we alone handle the insurance adjuster. We are able to fight aggressively for your rights at every turn.
There is a wealth of experience and a well-deserved reputation earned by our motorcycle accident attorneys. For more information on legal options, contact us today for a free legal consultation.