Top Motorcycle Accident Lawyer in McAllen

Every year, thousands of people suffer injuries or lose their lives in motorcycle accidents. Because riders lack protection, they’re highly vulnerable to crash consequences, resulting in severe injuries — or even death. In Texas, motorcyclists account for 12 percent of all traffic fatalities.

If you’re a victim of a motorcycle accident, seek legal help from an experienced motorcycle accident lawyer. At Kenny Perez Law, our legal team has been helping motorcycle accident victims in McAllen and surrounding areas for over a decade. We can investigate your accident, gather evidence, and build a strong case to recover the compensation you deserve.

Don’t let a motorcycle accident leave you stranded. In this guide, you’ll learn everything you need to know if you’ve been injured in a motorcycle accident and how our law firm can help you.

The first step in recovering damages for a motorcycle accident is to prove liability — that is, to determine who was at fault for the accident. Motorcycle accidents often involve more than one party, including drivers of other vehicles and pedestrians. In some cases, it can be difficult to assign responsibility for the accident accurately.

Depending on the circumstances of the motorcycle crash, liability may belong to:

• Another driver. If another driver (car, truck, motorcycle) broke the traffic law and crashed into your bike, they can be found liable for your damages.

• Pedestrians or cyclists. If other traffic participants broke the law (e.g., jaywalking pedestrian, a bicyclist in the wrong lane) and caused the crash to occur indirectly, they may still be found responsible for the accident.

• Employer. If the at-fault driver was working at the time of the crash, their employer may be responsible for covering damages.

• Government entity. If the local or state government fails to put up traffic signs or maintain the road properly, they could be liable for the accident.

When determining fault, a variety of factors will be considered, such as the speed of the vehicles, whether either party was under the influence of drugs or alcohol, and any rules of the road that were broken. Once you find liable parties, you can file an insurance claim with an insurance company or take the case to court.

Determining liability requires investigating the accident, gathering evidence, and speaking to anyone who witnessed the motorcycle accident. Motorcycle accident attorneys can take care of these tasks for you. Our McAllen motorcycle accident lawyers will help you determine who was at fault for the accident and how to best proceed with your case.

The next step in recovering damages after a serious motorcycle accident is to prove negligence. To do this, you must demonstrate that the party at fault had a duty of care to other drivers on the road and breached that duty by failing to act in a reasonable manner.

To establish negligence, you need to prove the following elements:

• Legal duty of care: The at-fault driver was required to act within reason to avoid causing harm. For example, drivers of all motor vehicles must obey traffic laws.

• Breach: The party at fault failed to fulfill the legal duty of care owed to you. For example, a car driver ran a red light or made an illegal U-turn.

• Causation: The at-fault party’s actions caused the serious injury or injuries you sustained. For instance, a negligent driver made an illegal U-turn and collided with your motorcycle, causing you to sustain neck injuries and other serious injuries.

• Damages: Your injuries led to damages. For example, your spinal cord injuries and broken bones required surgery and post-op care.

As you build your personal injury claim with your accident lawyer, keep in mind that negligence can be both direct and indirect. Direct negligence occurs when the defendant intentionally causes the accident, while indirect negligence happens when the defendant’s careless actions or inaction led to the accident.

Whether direct or indirect, proving negligence in a motorcycle collision may not be as easy as it seems, especially if the other party has an experienced lawyer on their side. Demonstrating proof requires knowledge of the law and gathering evidence, such as reports from eyewitnesses at the accident scene, police reports, and medical records. A motorcycle accident lawyer can help you prove negligence so you can pursue compensation.