Motorcycle riders have the same right to be on the road as a bus or a car. However, drivers of cars and other passenger vehicles may not always look out for motorcycles on the road or highway. If you are involved in a wreck that was not your fault, it may be a good idea to contact a Houston motorcycle accident attorney today who can help you preserve your legal rights.
It can be challenging to determine what your legal options are following a crash, particularly if you suffered serious injuries. A motorcycle accident lawyer in Houston can help you fight to secure fair compensation for any damages stemming from the wreck.
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Why Choose The Doan Law Firm?
Why You Need an Attorney After a Motorcycle Accident
How Common Are Motorcycle Accidents in Texas?
Annual Motorcycle Accident Statistics in Texas
What Should I Do After a Houston Motorcycle Crash?
Protecting Your Rights After a Motorcycle Crash
How Long Does a Motorcycle Accident Lawsuit Take?
Common Houston Motorcycle Accident Injuries
Most Houston Motorcycle Accidents Are Preventable
Who is Liable for a Texas Motorcycle Accident?
How Do I Prove That Another Party Caused the Crash?
You Don’t Pay Until We Win
Compensation Available for a Houston Motorcycle Accident
Your Family Members May Be Entitled to Compensation
Don’t Wait, Contact a Lawyer Today
Insurance companies know how to take advantage of clients. They have years of practice denying valid claims and devaluing losses to protect their own profits. Even if you’re entitled to financial compensation, you may have a difficult time achieving a fair settlement. The best way to protect yourself is to hire a motorcycle and car accident attorney in Houston to represent you. An attorney will fight for maximum financial compensation on your behalf for serious injuries and related expenses, even if this means taking your case to trial in Harris County. A lawyer will stand by your side and make sure that you have everything you need to move forward after a devastating collision.
Unfortunately, motorcycle accidents, injuries, and fatalities are not uncommon across Texas. Even though there was less traffic on the roadways in 2020 (and even a 2% reduction in motorcycle crashes during that year), officials in the state were alarmed by a 17% increase in motorcycle fatalities from 2019 to 2020.
According to Texas Department of Transportation executive director James Bass, “May through October is an especially dangerous period for motorcyclists in Texas.” Data provided shows that more than 61% of all motorcycle deaths happened from May through October in 2020, and similar statistics crop up year after year.
Texas is an incredibly popular state when it comes to motorcyclists. There is good riding weather all year round and wonderful scenery to take in. This state has plenty of recreational riders as well as individuals who use motorcycles as their day-to-day transportation.
Unfortunately, motorcycle accidents are not uncommon in Texas. During the latest reporting year of data we have on file from the Department of Transportation, we can see that there were 8,847 total motorcyclist injuries. If we look further into this data, we can see that there were:
Only approximately 1,200 people reported no injuries at all after a motorcycle accident occurred. This data is telling. Motorcyclists are incredibly vulnerable to external forces when they ride. There are no metal frames, seatbelts, or airbags to protect motorcycle drivers and passengers. When a motorcycle accident occurs, this often means that the motorcyclist faces multiple impacts that can cause injuries. The first impact is typically with a vehicle or another stationary object. The second impact is usually with the ground.
If you have been involved in a motorcycle crash, the first thing that you should do is go to a hospital to get medical attention. In the event that you choose to call our accident attorneys first, he or she will likely advise you to get to the doctor or hospital as soon as possible.
This may bolster your claims that you were hurt in the accident as opposed to at some other time before or after the crash. It is also important to know that some injuries may not be apparent until a doctor examines you. It is also possible that injuries such as whiplash may take several hours or days to become apparent. Therefore, you should get medical attention even if you feel fine.
Your personal injury lawyer will work with your doctor or other medical professionals to make sure that you don’t have to pay for any services rendered until after your case is resolved. Your insurance company may coordinate with your doctor and your attorney to come up with a payment plan in your case.
It is crucial for you to protect your rights after a motorcycle accident occurs in Houston and the surrounding areas of Texas. As we mentioned above, the number one priority after a motorcycle accident occurs is your health and well-being. You must get to a hospital or clinic as soon as possible so your injuries can be treated. You should continue all medical treatment prescribed by health professionals until after you have reached maximum medical recovery.
Aside from medical treatment, there are various other ways that you can help ensure you receive the compensation necessary.
There is no set amount of time for how long a motorcycle accident claim will take in Houston. The truth is that most motorcycle accident cases are resolved through settlements with an insurance carrier. When a case is settled with insurance carriers, this typically resolves quicker than if the claim were to go to trial. If fault is relatively straightforward, a claim could be resolved in this way within a month or two after the crash occurs. However, if fault is disputed, or if the insurance carrier does not want to pay a fair settlement amount, negotiations could stretch on for months or even more than a year.
In the event a personal injury lawsuit has to be filed against the at-fault driver, this puts the case into the civil court system and will likely extend the time it takes to recover compensation. Even after a lawsuit gets filed, it is likely that the motorcycle accident claim will be resolved before it goes to a jury. As the discovery process is ongoing, which is when both sides exchange evidence and information with one another, negotiations will also continue. Only if the two parties cannot come to an agreement will the case have to go to a jury trial. If the claim stretches this far, it may be years before a jury hears the case and makes a decision.
Motorcycle accidents can inflict severe to catastrophic injuries on riders and their passengers. Motorcyclists lack the various safety features offered to motor vehicle drivers, such as airbags and seat belts. This increases the odds of motorcyclists suffering life-changing injuries that require immediate medical attention. At The Doan Law Firm, we have experience representing clients with all types of motor vehicle accident injuries, including:
No matter what types of injuries you or a loved one suffered in a motorcycle accident in Houston, our lawyers can help. We can connect you to top doctors in the area and immediately begin work on your case, such as investigating the crash to determine causation. We understand how much serious injuries impact a victim and are here to help you seek justice. If a loved one was killed in a motorcycle accident in Texas, we can assist you with a wrongful death lawsuit, instead.
Attorney Jimmy Doan built his law firm out of a desire to help others. He is passionate about bringing wrongdoers in Texas to justice when they cause life-threatening accidents. We recognize that most motorcycle accidents reported in Houston are preventable. They take place because of the careless or reckless acts of others, such as negligent drivers. In personal injury law, negligence means the failure to act with reasonable care. You may be entitled to financial compensation if someone’s negligence caused your motorcycle wreck, such as:
Many motorcycle accidents in Texas are caused by preventable driver errors. Others, however, are caused by motorcycle defects and dangerous road conditions. If the city lets a road fall into a state of disrepair, for example, a pothole could cause a motorcyclist to lose control of his or her vehicle and crash. Determining the cause of your motorcycle accident is something that our lawyers can do for you to begin the legal process.
Texas is a fault-based car insurance state. This means that after a motor vehicle accident, the driver or party most at fault for causing the crash pays for related expenses. All drivers and motorcyclists in Texas must carry minimum amounts of liability insurance to pay for these collisions. If you get injured in a motorcycle crash in Houston, you will most likely file a claim with the driver’s car insurance company for reimbursement. However, expect the insurer to deny liability for the accident or blame you for the crash. These are common complications involved in motorcycle accident claims.
Insurance companies typically have biases against motorcyclists. They often assume that motorcyclists take unnecessary risks and drive recklessly. This is why you may need an attorney to represent you during an injury claim. An attorney can prevent an insurer from treating you unfairly based on stigmas against motorcyclists, as well as fight for fair financial compensation. If other parties are responsible for your motorcycle accident, such as the city government or a motorcycle manufacturer, a lawyer can help you hold them liable, as well.
The burden of proof to win a personal injury claim is a preponderance of the evidence, or enough evidence to show that the defendant caused your motorcycle crash with at least a 51 percent certainty. You or your lawyer will need to present clear and convincing evidence that the other driver is at fault, such as a broken traffic law. To obtain compensation, it is critical to prove that another party was completely or mostly at fault for your crash.
For instance, if a car made a left turn into your lane and hit you, it will be important to show that you weren’t on your cell phone, speeding or otherwise taking actions that could have contributed to the crash. This may be done by showing cell phone records indicating that no call was made at any point during your ride. Skid marks or other physical evidence at the scene may verify that you weren’t speeding or doing anything that you shouldn’t have when you were hit.
To further increase your odds of winning your case, don’t talk to anyone until after you have an attorney. This may be especially helpful if you are in shock or otherwise don’t remember what happened immediately after the crash took place.
You should never let money get in the way of finding a quality advocate after you have been hurt. At The Doan Law Firm, we won’t charge you for a consultation whether you choose to talk to us in person or if you choose to call us for your initial case review. If we have to call in an expert witness or have evidence processed or sent out for further analysis, we won’t bill you for that until after you have won your case. This means that you don’t have to worry about anything other than getting better and putting your life back together after your accident.
If your lawyer succeeds in holding one or more parties financially responsible for your motorcycle accident, you could receive compensation for several past and future losses. These may include your necessary medical expenses, losses of income and earning capacity, permanent disability or scarring, emotional injuries, physical pain and suffering, motorcycle repairs, and out-of-pocket costs. Discuss the value of your motorcycle accident case with a lawyer for more information.
A Houston motorcycle accident attorney may be able to help your family members earn compensation for their emotional pain and suffering. They may also be entitled to a financial award for loss of companionship with or guidance from a parent or older sibling.
In some cases, this compensation may be included in a settlement that you reach in your own case. However, family members may pursue compensation in a separate case, and the results in your own case may have little or no bearing on that result. Therefore, your kids could still be compensated even if a jury finds that you were responsible for causing the crash.
Family members may be indirectly compensated if they relied on your wages to help them maintain their lifestyle. For instance, you may be given money to pay off a mortgage or pay for a child’s educational expenses. This may be in addition to obtaining money to pay for food, clothes or other basics.
If you wish to file a personal injury claim for a motorcycle accident in Texas, contact an attorney as soon as possible. Waiting to take legal action can put you at risk of missing the statute of limitations. This is a strict legal deadline on the right to file a civil lawsuit in Texas. The statute of limitations is two years from the date of a motorcycle accident, with only some exceptions. If you wish to file a claim against the government, such as for a dangerous roadway defect, you may have significantly less time to file – as little as 90 days, in some counties.
If you are looking for a strong advocate to help you after you have been hurt in a motorcycle accident, visit The Doan Law Firm 1 Riverway, Suite 2500 Houston, Texas 77056 at your earliest convenience for a free consultation. We can also be reached online or by phone at (800) 349-0000 to review your case or talk more about how we can help.
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