From restoring and caring for the motorcycle itself to riding on the open road, many people find motorcycles to be a thrilling and fulfilling hobby. However, as many people are quick to point out, motorcycles can be extremely risky. 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. Because motorcycles lack the protective frame and safety features of a car or truck, drivers and riders are more at risk if they get hit. In most motorcycle accidents, the motorcyclist bears the brunt of the damage and injuries, while the car or truck driver can remain free of injuries or major damage.
Motorcyclists enjoy the journey and being on the open road, but unfortunately, many motorists fail to appreciate or see motorcyclists on the road. When changing lanes, turning, or making last-minute maneuvers, car drivers often fail to see motorcyclists because of their smaller and less obvious size. Some drivers simply fail to properly check for motorcyclists. The effects of their negligence 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. You have the right to ride a motorcycle without risking your life. If a driver has harmed you because they failed to properly check for your presence, you deserve compensation to help you recover.
When it comes to motorcycle accident claims, no firm in the Houston area is more qualified than Stevenson & Murray Attorneys at Law. Our injury lawyers are highly trained and experienced in motorcycle accident cases, and we can represent your interests accurately and tenaciously in court. We are ruthless when it comes to achieving justice for our clients. No other motorcycle accident attorney is going to work harder for you.
While we are strong and steadfast in the courtroom, we are understanding and compassionate with our clients. We understand that becoming a motorcycle accident victim puts you in a vulnerable position. We respect your experience by providing you with support and patience during the legal process. As your body heals, you can trust us to seek justice for the damage done in the crash.
Our firm has been in business for nearly 40 years. This level of expertise is unmatched in the Houston area, and we provide you with the best Texas motorcycle accident support possible. When you are fighting for justice in your motorcycle accident case, our firm is the best option for your support.
Car, truck, and motorcycle accidents can all have a profound impact on the victims and their families. For many people, the damage and injuries obtained in a motorcycle accident cause lifelong problems, either financially, physically, or emotionally. Unfortunately, once the damage is done, it is impossible to reverse or undo it.
However, motorcycle accident cases can help motorcyclists to recover financially from their accident. As a type of personal injury case, motorcycle accident claims help motorcyclists to press charges against other drivers who hit them. The caveat of these cases is that the other driver must have been acting negligently for a case to proceed. However, negligence comes in many forms in motorcycle accident cases.
Proving that the other driver acted negligently and caused your injuries allows you to hold them financially responsible for the damage. This includes:
You are entitled to compensation for several of the above costs, depending on your situation. You can earn this compensation with the help of a motorcycle accident attorney.
Some people believe that they can navigate the motorcycle accident process alone. This is not a good idea. Personal injury cases are complex and can be lengthy. Even if you feel that your situation is straightforward, it is entirely possible that your opponent’s attorney will create enough doubt to discredit you. If this happens, you will lose your case without a rebuttal. With an attorney on your side, we can mitigate the impact that your opponent’s case makes.
It is also important to remember that recovery is a long and arduous process. While your case is progressing, you likely will be recovering from your motorcycle accident injuries as well. It is important to give yourself time and space to recover properly. If you try to fight your case without an attorney, you are adding unnecessary stress to your situation, and you can halt or slow your healing process.
Finally, you must understand that there is a lot on the line in these scenarios. The sum of your settlement can be significant, and the money can help your family to stay afloat while you heal. If you represent yourself, you are risking your family’s financial status and your own ongoing care. Nothing is worth this level of risk. It is always best to hire an attorney to help you.
It is an unfortunate fact that motorcycle accidents are fairly common, and they tend to cause more severe damage than other types of car accidents. There are several reasons for this and many factors that contribute to the seriousness of these collisions.
A significant factor in the severity of motorcycle accidents is the fact that motorcycles lack the protective features of a car or truck. There is no frame, doors, windows, or airbags to protect motorcycle drivers and passengers from the debris of a collision. Without these protections, the fallout from an accident is more likely to cause injuries to those on the motorcycle.
However, lack of protection is not the only reason that motorcycle accidents are both common and severe. The size of a motorcycle compared with the size of a truck or standard vehicle is significant. Motorcycles are much smaller, and many drivers fail to see them when they check their blind spots and mirrors. Many motorcycle accidents happen because car drivers change lanes believing that there is no one there when there is a motorcycle in their blind spot.
Without exception, visibility, speed, position, and actions all become relevant in motorcycle accident severity. The collisions become more severe at higher speeds, such as on highways and freeways. Visibility is a major factor as well. If there is limited visibility due to weather, cars have even less of a chance of seeing motorcyclists when they check their mirrors and blind spots. Finally, when a motorcyclist is positioned in the blind spots of a car or truck, they are more likely to experience a severe accident.
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.
If you ride a motorcycle, it is important that you know the potential risks and injuries that you face when you go on the road. This way, you know what to look for if you or a loved one experiences a motorcycle accident.
One of the most common injuries that occur in a motorcycle accident case is a traumatic brain injury. These injuries come in many forms, but they are all fairly serious. The brain is the epicenter of the body and controls everything that you do, say, feel, and experience. If the brain is compromised, all other areas of the body may be similarly endangered.
Concussions are the most common type of traumatic brain injury. Though some concussions are considered mild, they still present a significant threat to your body and to the health of your brain. You should have even the mildest concussions examined by a doctor.
Other types of traumatic brain injuries include:
There are many other traumatic brain injuries that can occur because of a motorcycle accident. If you believe that your brain has been hurt or compromised during an accident, it is important to seek medical care as soon as possible.
As part of the nervous system, the spine is similarly important to the entire body’s function. A spinal cord injury can be life-altering, and it can sometimes even be fatal. Unfortunately, they are common occurrences in motorcycle accidents.
Spinal cord injuries are split into two main categories: complete and incomplete. Incomplete spinal cord injuries tend to be less serious, but they can still have a permanent impact. Examples of incomplete spinal cord injuries include:
Some of these conditions can cause symptoms that are irreversible, while others may be healed over time.
Complete spinal cord injuries tend to be more serious, as they cannot be improved or reversed. These involve a complete loss of motor function below the area on the spinal cord that has been damaged. For example, if you suffer a complete spinal cord injury in your lower back, your low back and legs will not have any motor function. Essentially you would be paralyzed from the waist down.
Most people have scraped their knee or elbow on the pavement at some point in their lives. Though these injuries are often minor, most people can recollect that they did hurt quite a bit. In motorcycle accident situations, these kinds of scrapes can occur over the entire body. The level of friction involved in road rash can cause permanent scarring and very painful wounds. It is even possible for gravel, dirt, glass, and other debris to become permanently stuck in your skin and cause ongoing problems or infection.
Many motorcyclists experience broken bones during and after their accidents. Broken limbs can impede you from doing your work, enjoying leisure time, and may even prevent you from being able to care for your own basic needs. Though broken bones are less serious than a spinal cord or head injury, they still pose a significant threat to your lifestyle.
If you ride a motorcycle, it is important to do your best to avoid serious injuries. Though you do have options to create a personal injury case, it is best to do everything in your power to stay safe to begin with. This may also help your personal injury case, as it shows that you did your due diligence to protect yourself and the damage still occurred because of the actions of the other driver.
To stay safe while riding your motorcycle, you should:
Doing your best to protect yourself is good for your health, your family, your community, and your personal injury case should you ever need to make a claim.
Many personal injury cases, such as car and motorcycle accidents, require you to show that the other driver was behaving negligently when they harmed you. This can be confusing in this context, but it is important to understand how negligence plays a role in motorcycle accident cases.
Examples of roadway negligence include:
In all these scenarios, the driver neglects to do their duty as a licensed driver in Texas. This can also be defined as “duty of care.” In this context, the term simply means that the driver has the duty to follow the laws of the road.
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:
Your opponent’s attorney is going to try to argue that these things did not happen, while your attorney needs to argue that they did. They do this by providing evidence of the events to the court. Types of evidence that are often used in motorcycle accidents include:
There may be other types of evidence that are helpful for your motorcycle accident case. It is your attorney’s job to determine what kind of evidence is necessary and to collect it on your behalf for the court.
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.
Though you may believe that insurance companies aim to help victims of accidents, the harsh truth is that they are often businesses that look out for their own interests. They go to great lengths to protect their profits and avoid paying for injuries and medical bills.
To achieve this end, many insurance companies use predatory tactics to get victims to claim fault or admit that they are okay. They rush you into making a statement so that, if they do have to cover anything, they only need to cover what has already happened. The sooner you make your statement, the less likely they will have to pay for ongoing care and rehabilitation.
It is best to avoid speaking to insurance companies before you speak with an attorney. When you have an attorney on your side, we can navigate insurance tactics on your behalf. We can speak with these companies to ensure you do not inadvertently forfeit your right to a settlement. Though it is a tricky balance, our team is experienced at speaking with insurance companies on behalf of patients who wish to file a motorcycle accident claim.
Comparative negligence is a significant factor in many Texas motorcycle accident cases. This rule accounts for the situations in which both drivers are responsible for the accident that has occurred. Often, it is a shared fault that causes the collision.
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. With comparative negligence, each party is assigned a percentage of the accident that they were at fault for. If the other party holds over 50% of the blame, you can still get a settlement. However, it is reduced to account for the percentage of the collision that was your fault.
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. In some situations, it changes the tactics we use to argue your case and earn you the settlement you deserve.
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:
There is no reason that motorcyclists should be at such risk on the road. Though accidents do sometimes happen because of an act of nature, most of the time, motorcycle collisions occur because car and truck drivers do not properly share the road with motorcyclists. Just as any other vehicle, motorcyclists 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.
Unfortunately, not all motorcycle accident victims survive their collisions. In these situations, the family of the deceased can take action through a wrongful death case. By proving the other driver’s negligence, the family can earn a settlement in the place of their departed loved one.
Though this settlement cannot undo the pain you are enduring, it can help to support you in the difficult weeks, months, and years to come. This compensation can cover funeral and burial expenses, as well as lost income support and money for pain and suffering. The potential settlement may help to ease some of your concerns as you navigate the difficulties of grieving and moving on.
Like other motorcycle accident claims, you must prove negligence in your wrongful death claim. You also have to prove that the other driver’s accident directly caused your loved one’s death. Though this may seem obvious, many defense attorneys go to great lengths to discredit even the most straightforward accident death. With the help of a motorcycle accident or wrongful death attorney, you can refute these claims and ensure your loved one receives justice.
In some scenarios, these cases overlap with criminal trials for DUIs. In these situations, you may also see the perpetrator face prison time for what they have done. Wrongful death cases simply get you the compensation you deserve as well.
It is extremely important to address any potential attorney’s experience levels. Your future attorney should have a significant amount of experience in motorcycle accidents specifically. These cases differ from car and truck accident cases, so do not settle with an attorney who does not have direct motorcycle accident experience.
You should also be sure to discuss finances with your potential attorney. All attorneys charge differently, and if you are not aware of the fee structure, you risk losing your representation if you are unable to pay down the road. Potential attorneys should be open to discussing finances with you and should be honest about how they charge. If they are not forthcoming with this information, immediately take your business elsewhere as they could be illegitimate.
If you did not get an attorney’s name through a personal reference, be sure to check their ratings and reviews. Some attorneys may also give you references so you can speak to past clients who have used their services. This assures you that your attorney is legitimate and good at their job, as well as someone who is beneficial to work with.
Finally, you need an attorney who listens to your story and believes in your case. If you feel that you cannot properly communicate with your attorney, you have very little chance of winning your motorcycle accident case. Find a legal representative with whom you have an easy rapport and natural comfort.
Our team has extensive experience in this field, and we can help you with your case. We have seen some gruesome and heartbreaking cases in which innocent motorcyclists were harmed because of another motorist’s poor decision-making. Though motorcycles can be dangerous, you should not receive a death sentence simply for riding one. We are passionate about protecting our clients from further financial and emotional damage after a Texas motorcycle accident.
In one of our cases, 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.
A: The process of creating and filing an official personal injury claim can be confusing. There are very specific rules and deadlines to follow to preserve your case. We can help you correctly fill out the forms and file the paperwork. The other work we do for you during your case includes amassing evidence, creating and arguing your case, and filing appeals if necessary.
A: All motorcycle accident attorneys are different, so it is important to ask your attorney about their fee structure before you begin to work with them. Some attorneys charge hourly, while others charge a percentage based on your settlement. Generally speaking, the average percentage that attorneys take is between 33% and 40%. However, there are attorneys who have rates that are lower or higher than this range. For this reason, it is important to ask.
A: If you get into a motorcycle accident, your top priority is your own safety. If there is any chance that you may have head or spinal cord injuries, remain as still as possible and wait for help. If you feel as though you can move safely, get the license plate, driver’s license number, and insurance information of the other driver. Get the contact information of any witnesses and take photos of all damage and injuries. Then call your lawyer.
A: Navigating personal injury law without legal help is extremely difficult. Though you may feel that you are saving money by not hiring an attorney, in reality, you are likely going to get a much smaller settlement — if you can earn one at all. Your opponent’s attorney can easily discredit your version of events in court. With an attorney’s help, you can refute their argument and get the financial support you need and deserve.
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. Contact Stevenson & Murray Attorneys at Law online today.
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