If you ride a motorcycle or know someone who rides a motorcycle, you know riding on the street or open highway can be a dangerous proposition.
There are very few “minor” motorcycle accidents. Motorcyclists enjoy the journey and being on the open road. Unfortunately, many motorists fail to appreciate or see motorcyclists on the road and the effects can be devastating.
We represent motorcycle riders and their passengers. We understand that motorcycle accidents are different from car accidents and truck accidents, and we have represented motorcycle riders who have sustained serious and debilitating injuries due to the negligence of other drivers.
Without exception, visibility, speed, position and actions all become relevant. Recently, we represented an individual who was operating his motorcycle when a commercial van turned directly into his path, leaving him no time to take evasive action. It took almost two hours to extract the motorcyclist from beneath the van and he miraculously survived. After a long hospital stay, multiple surgeries and significant physical therapy, our client was able to return to work, although at a reduced capacity.
In a Texas motorcycle accident lawsuit, you must demonstrate the other party’s fault. You need to demonstrate the factors below to establish your legal entitlement to damages:
It is important to hire a motorcycle accident attorney soon after an accident. Evidence that can demonstrate fault may disappear soon after the crash. An attorney can safeguard evidence and help you uncover new evidence. Additionally, an attorney can handle the other party’s insurance company on your behalf.
Texas’ modified comparative negligence rule may be a factor in some cases. You can still recover compensation if you are less than 51 percent at fault for the crash or injuries. However, you may receive a reduced amount of compensation.
We strongly encourage you to contact us if you have questions about this specific rule. During a free consultation, we can help you determine how or if Texas’ modified comparative negligence rule would affect your case.
It is important to take certain steps after a motorcycle accident to maximize your ability to recover compensation. Steps to consider taking include:
In many cases, motorcyclists are not responsible for causing a crash. Negligent or reckless drivers are the most common cause of motorcycle accidents. Ways other drivers can cause an accident include:
They deserve to occupy their lane of traffic, to travel safely in that lane and to be safe from motorists who fail to keep a proper lookout.
In another case, our motorcycle rider was riding on the roadway when a flatbed 18-wheeler crossed two lanes of traffic, stopping in the dark. By the time the motorcyclist identified the impending issue, it was too late. Fortunately, he survived and recovered from his devastating injuries.
We bring to our investigation an evaluation of the circumstances, using experts to assist in reconstructing the incident, if necessary. We appreciate the freedom of drive of motorcyclists and defend their rights to safely occupy a lane of traffic. Motorcyclists face a variety of issues including 18 wheelers, roadway construction, inattentive drivers, and a host of other hazards that drivers must identify and respond to in a timely fashion.
If you or someone close to you has been involved in a motorcycle accident, please do not hesitate to contact our motorcycle accident attorneys in Houston for a free consultation. It is imperative that you know your rights under the law. Click here for a list of resources that could potentially help your personal injury case.
Texas law provides that the injured individual has a right to recover certain elements of damages, include medical bills in the past and future, disfigurement, physical impairment, loss of wages in the past and future, pain and suffering and mental anguish. Our Houston motorcycle accident attorneys have experience defending accident victims in court. Please allow them the opportunity to meet with you and discuss your circumstances.