When a motorist is negligent, crashes their car into you and your bike, and causes you to get hurt, things can get dangerous, stressful, and complicated.
The good news is that a Houston motorcycle accident lawyer can help with the legal process and pursue potential compensation for any costs that arise.
At Lowe Law, we have recovered millions in damages in personal injury cases. Our Houston personal injury lawyers focus on empathy and communication, ensuring every client feels taken care of, especially when dealing with something as serious as a motorcycle accident.
Why You Should Hire a Motorcycle Accident Lawyer in Houston
An experienced accident lawyer can help you evaluate your case, organize evidence, and work on a defense, essentially taking care of the legal aspects of your case, while you focus on recovering.
Here is more detail on why hiring a lawyer may be helpful:
Case Evaluation and Evidence Collection
A lawyer can assess the strength of your claim and help you understand your legal options. That can be tough to do on your own, especially if it’s your first time navigating the legal process.
They can also gather key evidence such as accident reports, medical records, witness statements, and surveillance footage.
Determining Liability
This may be the most important role a lawyer you hire can play. An attorney can identify who is at fault and build a case to prove negligence.
Negotiating With Insurance Companies and Insurance Adjusters
Lawyers handle communication with your insurance company as well as any other insurers involved to help you negotiate for a fair settlement, based on the details of your case.
Calculating Damages
A Houston attorney that you hire can accurately estimate the full value of your claim, including economic damages like medical expenses and lost income and non-economic damages like pain and suffering.
Legal Strategy and Representation
If your case goes to court, a lawyer can represent you and advocate on your behalf. They can also consult specialized help, like accident reconstruction experts, to help your case.
Meeting Deadlines
Attorneys ensure all legal filings and deadlines are properly handled to avoid jeopardizing your claim. Due to Texas law, there is a two–year deadline from your accident to file a personal injury claim, which a lawyer can keep track of for you.
Reducing Stress
Having legal support allows you to focus on your physical and emotional recovery after the physical and emotional impact of a motorcycle accident.
Common Types of Motorcycle Accidents
Motorcycle accidents are unfortunately common occurrences, many times simply because of size and visibility.
Here are some common types of motorcycle accidents:
- Rear-end collisions
- Left-turn accidents
- Right turn accidents
- Accidents with lane changes
- Head-on collisions
Because of the lack of protection that motorcycles provide, these accidents, which may be minor in other vehicles, can become very serious.
Common Causes of Motorcycle Crashes
A few reasons motorcycle accidents occur include lack of visibility, driving errors, and sometimes even road hazards.
Here is more information:
- Distracted driving: When drivers are texting, eating, talking, or using technology in their car, they may not be able to pay attention to the road.
- Failure to follow traffic laws: When a driver must make a left or right turn, they may fail to yield to the motorist with the right of way, leading to a motorcycle accident.
- Not checking blind spots: Blind spots can be tricky, but not checking them before turning, backing up, or merging lanes can mean a serious accident.
- Speeding: Speeding is a common cause of serious accidents. Drivers who speed may not have enough time to respond to situations, and their speed can increase the severity of injuries and impact.
- Road hazards: Things like potholes, debris, and slick roads can easily cause vehicles to slip or change direction, leading to crashes.
- Weather conditions: Rain, hail, snow, and ice can all make roads slippery and decrease visibility, increasing the chances of accidents.
- Impaired driving: Driving under the influence of drugs or alcohol can impair judgment, response time, and visibility, leading to accidents.
How a Motorcycle Accident Claim Works
In a situation where a negligent motorist is at fault for your motorcycle crash, notify your insurance carrier. Next, your insurance company can work with the liable party’s insurance carrier to help you get compensation.
Generally, a liable party’s insurer is likely to advocate for its best interests. This means the insurance company could dispute your claim, even if you are not liable for your accident. With help from a motorcycle accident attorney in Houston, you can negotiate with an insurance company or request damages through a personal injury lawsuit.
When to File a Motorcycle Accident Lawsuit
Per Texas Civil Practice & Remedies Code §16.003, there is a statute of limitations of two years for personal injury cases.
If you are hurt in a motorcycle crash in Houston, according to Texas law, you have up to two years to ask for damages from a liable party. After this window closes, you may be 100% responsible for your motorcycle accident-related losses.
Damages You May Receive in a Motorcycle Collision Lawsuit
You can request economic and non-economic damages as part of your lawsuit, including:
- Emotional trauma
- Motorcycle repairs or replacement
- Medical bills (common injuries include road rash, broken bones, spinal cord injuries, internal injuries, and sometimes even head trauma like traumatic brain injuries)
- Lost wages
- Loss of enjoyment
- Pain and suffering
Your lawyer examines your losses carefully. They will calculate your damages and help you track your losses throughout your litigation.
Evidence You Can Use to Support Your Motorcycle Accident Case
In your accident lawsuit, you want to prove that a liable party was negligent, which caused you to get hurt and incur losses because of the motorcycle accident.
The evidence used in a personal injury lawsuit can include:
- Accident scene photos and videos
- Medical records
- Police reports
- Witness statements
In some cases, you may get damages without having to go to trial.
Who Is Liable for a Motorcycle Collision in Houston?
In many cases, a negligent driver is at fault. For instance, a motorist takes their eyes off the road, fails to see you on your motorcycle, and crashes into you. In this instance, the driver could be held responsible for the incident.
There are scenarios where a government agency or another party is at fault for an accident. To determine who is at fault, ask a Houston motorcycle accident attorney to review your case.
By working with a lawyer, you can identify any liable parties and seek compensation accordingly.
Modified Comparative Negligence in Texas
Texas has a rule in place relating to proportionate responsibility that can impact the damages you get in your accident lawsuit. If a judge or jury determines you’re partially liable for your accident, the compensation you get can be reduced by your percentage of fault. In a situation where a judge or jury says you are 51% or more at fault, you may not be able to recover damages.
As an example, a judge or jury finds you are 20% at fault for your motorcycle accident. Therefore, the defendant is 80% liable. This means the defendant pays 80% of your damages, and you are responsible for 20% of your losses.
Alternatively, a judge or jury says you are 51% to blame for your motorcycle accident. Thus, you are more at fault for your accident than the defendant. As a result, the defendant will not have to pay you damages, and you will be fully liable for your losses.
Request Legal Help From a Houston Motorcycle Accident Law Firm
You cannot change the fact that you were involved in a motorcycle collision because of someone else’s negligence, but you have control over how you respond to this incident.
Lowe Law stands up for the rights of motorcycle crash victims and wants to ensure that you are being heard.
Getting started with your case is simple. Simply contact our law firm today to schedule a case consultation. We speak from a standpoint of justice.