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.
After demonstrating negligence, the next step is to prove that your damages warrant compensation. An experienced motorcycle accident lawyer can help you calculate a fair amount of damages based on the extent and long-term effects of your injuries, medical expenses, lost wages, property damage, emotional suffering, and other factors.
Once you and your attorney determine liability and prove negligence, you may be able to recover:
Economic damages: This compensation covers expenses for tangible damages that include medical bills, surgery costs, legal fees, recovery therapy, lost wages, and loss of earning capacity. You can support your claim with evidence like bills, prescriptions, and reports.
Non-economic damages: This includes the non-tangible consequences of the motorcycle accident, including emotional suffering, loss of consortium, loss of enjoyment of life, and mental anguish. You can back these damages with testimonies from expert witnesses, family members, friends, and coworkers.
Wrongful death damages: If you lose a loved one in a deadly motorcycle accident, you can seek compensation in a wrongful death lawsuit. Wrongful death damages include funeral and burial costs, mental anguish, loss of companionship, loss of inheritance, and loss of support.
In most cases pursuing compensation for personal injury or wrongful death claims, the liable party’s insurance company will be responsible for covering damages. Motorcycle injury lawyers know how to negotiate and get maximum compensation from insurance companies that may try to lowball your claim.
If your case goes to trial, the jury will decide on a monetary award based on the evidence presented in court. Your motorcycle accident lawyer can provide expert testimony and present evidence in court to fight for the compensation you rightfully deserve.
It’s important to act quickly if you’ve been involved in a motorcycle accident that wasn’t your fault. Filing a claim with an insurance company or pursuing legal action may be necessary to recover the compensation you deserve as a motorcycle accident victim. The process can be complex, but with the help of a motorcycle accident lawyer, you can navigate the claim process with confidence.
Here are some important steps to keep in mind when pursuing a claim for a motorcycle wreck:
Seek medical attention: Your health and well-being should be your top priority after a motorcycle accident. Seek medical attention as soon as possible, even if you don’t feel hurt. Some injuries, such as concussions, may not manifest immediately and can have long-lasting consequences.
Gather evidence: Collecting evidence at the scene of the accident can help establish liability and prove negligence. Take pictures of the scene and obtain a copy of the police report.
Notify your insurance company: Notify your insurance company of the accident as soon as possible. Failure to do so can result in a denial of your claim.
File an insurance claim: To receive compensation, you’ll need to file a claim with the at-fault party’s insurance company. Provide them with all the necessary evidence, including medical bills and police reports.
Consider legal action: A personal injury lawyer well-versed in Texas law can help ensure that your legal rights are protected.
Attend court proceedings: If your case goes to court, you’ll need to attend all hearings and proceedings. A motorcycle accident lawyer can help you prepare for court and ensure that you are adequately represented.
Navigating the motorcycle accident claim process can be complicated and stressful, but with the help of an experienced lawyer, you can recover the compensation you deserve.
Still have questions? Here are the some of the most common motorcycle crash questions asked by accident victims.
The statute of limitations for personal injury cases in Texas is two years. You may not receive compensation if you don’t file a claim within two years from the date of the accident.
Some motorcycle accidents may be eligible for compensation even after the two-year limit has expired. Consult an attorney to determine whether your motorcycle accident case qualifies.
You are not obligated under Texas law to hire a lawyer for motorcycle accidents. However, it can be challenging to recover fair compensation without legal representation. Most likely, the at-fault party will try to reduce the payout or claim there was no negligence.
A motorcycle accident attorney can help you determine liability, prove negligence, collect evidence, speak to eyewitnesses, file all related documents on time, negotiate with insurance companies, and represent you in court.
Compensation depends on many factors, including the extent of the motorcycle accident victims injuries, the duration of medical treatment and need for future treatment, the quality of the evidence, and the work of your attorney. Since motorcycle accident injuries are often severe injuries, payouts are usually higher than car accidents.
A significant number of claims for motorcycle accidents are settled out of court. However, you may need to proceed to court if the party at fault is underinsured/uninsured or if you disagree with the settlement offered by the insurance company.
If you’ve been injured in a motorcycle accident, don’t wait to hire an attorney. The earlier you speak to an experienced motorcycle accident lawyer, the easier it is to build a strong case.
The award-winning legal team from Kenny Perez Law is ready to help you fight for fair compensation. For over a decade, we have been helping clients from McAllen get the maximum compensation they deserve.
Contact our attorneys at (956) 544-9292 for a free consultation.
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
Rating: 5/5
03/14/2021
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McAllen, TX 78501
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