Motorcycle Accidents Lawyer in El Paso
221 N Kansas St #700
El Paso, TX 79901
Call (915) 201-0000
Motorcycle accidents in El Paso can occur for any number of reasons. Sometimes the accident is your fault; sometimes it's somebody else's. Sometimes the accident is the fault of your motorcycle's manufacturer, or the manufacturer of one of your motorcycle's parts.
When It's Your Fault
While you should never start with the assumption that an accident was your fault, it's possible that you contributed to it. As a human being, you're just as prone to make mistakes as anybody else.
Accidents often represent a series of events that are often remembered in hindsight. Because of that, it's not so easy to place pure blame on any party. Even if you think you're at fault, you should do as much as you can to mitigate the possible damages leveled against you.
- See a doctor to ascertain if there are any injuries
- Contact a motorcycle accident attorney
Always keep in mind that no matter what, it's always possible the other party contributed as much to the accident as you did. In fact, you can even seek restitution if the accident caused you an injury.
If the other party presses a claim first, you can counter claim for your injuries by their negligence. In all cases, you should seek legal advice before taking any course of action.
When It's Another's Fault
When the accident is because of someone else's negligence, you will have to act swiftly if you want to receive all of the compensation you deserve. This all starts immediately.
See to your injuries first. If you're well enough to move about, then go through with the process of calling police and obtaining insurance and contact information from the other motorist. Try to take pictures, and gather the names and contact information of any witnesses. You should also contact a motorcycle accident attorney as soon as possible.
While the gathering of evidence is helpful, talking to a lawyer will probably help you the most. Your lawyer can guide you and help you figure out which steps you need to take.
Just knowing that your accident was caused by another's negligence isn't enough. You have to prove it. Your lawyer can help you figure out how to go about doing that.
From there, you will likely receive a settlement offer from the negligent party's insurance company. Once again, this is something you should speak to your lawyer about. Even if the settlement looks attractive, it may not represent your best interests.
The truth is that with evidence, you have the high ground. Having proof the accident wasn't your fault allows you and your lawyer to negotiate a settlement that works for you. If your case goes to trial, having evidence can sway the judge or jurors.
When It's a Manufacturer's Fault
If your accident was caused by your motorcycle, or one of its parts malfunctioning, then you enter into the territory of product liability law. Defective products definitely cause accidents. In some cases, the discovery process of a personal injury lawsuit may find that your accident came about because of faulty brakes or a design flaw in the motorcycle itself.
Cases against manufacturers can become highly complicated. There are many variables, for example:
- Was the part faulty because you didn't maintain it?
- Was there a safety recall on the motorcycle or the part?
- Is it the manufacturer, the shipper, or the distributor that's to blame?
Proving a defect isn't easy. To start, you may have no idea a defect was involved, so you wouldn't think to check for one. Unless the issue is blatant, you may never know. However, if you suspect a defect or know that your accident occurred because of faulty design, you can do some research.
- Look up your make and model online
- Check for repeated complaints or testimony
- Check to see if there were recalls
Also, consider changes you've made. If you recently swapped or repaired parts, do some research on them as well. You can also have an expert look at your motorcycle. You should also let your lawyer know that you think a faulty part or design contributed to or caused the accident.
No Matter What, Contact the Doan Law Firm for an Experienced Motorcycle Accident Lawyer
Notice that each of these situations should lead you to seeking legal advice. Proving negligence can become complicated, and if you get it wrong, you can lose your chance to receive the compensation you deserve.
There are even situations in which blame for an accident can encompass all three of these scenarios. If you want the best outcome, then you need to speak to the Doan Law Firm about your accident.
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