Were you were injured or did you lose a family member in a motorcycle accident? Call a McAllen motorcycle accident attorney from Kenny Perez Law. We can evaluate your case, answer your questions, look for negligence, prove damages, and pursue the compensation you deserve. Don’t wait-reach out to us today.
Until you do so, here’s how we can help you.
Table of Contents
- Responsibility in a Motorcycle Accident
- Negligence in a Motorcycle Accident
- Damages in a Motorcycle Accident
- Contact an Experienced Motorcycle Accident Attorney in McAllen Today
Responsibility in a Motorcycle Accident
Proving liability is the key to getting compensation in a motorcycle accident case.
Depending on the circumstances of the 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, bicyclist in the wrong lane) 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 failed to put up traffic signs or maintain the road properly, they could be liable for the accident.
To determine liability, you would need to investigate the accident, gather evidence, and speak to eyewitnesses. A motorcycle accident lawyer can take care of these tasks for you. Once you find liable parties, you can file a claim with an insurance company or take the case to court. Contact Kenny Perez Law today to get started.
Negligence in a Motorcycle Accident
To recover damages in a motorcycle accident, you need to prove that another party’s negligent actions caused your injuries.
Proving negligence involves demonstrating:
- The legal duty of care – the at-fault party should have a legal duty of care to you. This means that they have to act within reason to avoid inflicting damages. For example, a car driver needs to abide by traffic laws.
- Breach – to be responsible for covering your damages, the at-fault party needs to breach the legal duty of care to you. For example, a car driver runs a red light or makes an illegal U-turn.
- Causation – to be entitled to damages, you need to prove that the at-fault party’s actions caused injuries you sustained. For example, the driver made an illegal U-turn and crashed into your bike. You fell and sustained a spinal cord injury.
- Damages – you have to demonstrate the basis for getting compensation. To do this, you have to show that injuries led to damages. For example, a spinal cord injury required surgery and post-op care.
Proving negligence may not be as easy as it seems, especially if the at-fault party has a strong legal team on their side. By hiring a motorcycle accident attorney, you increase your chances of proving negligence and getting the money you deserve. Kenny Perez Law is here to help.
Damages in a Motorcycle Accident
Injuries sustained in motorcycle accidents are often severe. The lack of protection makes bike riders highly vulnerable to crash consequences. In Texas, motorcyclists account for 12 percent of all traffic fatalities.
Once you and your attorney determine liability and prove negligence, you can recover:
- Economic damages – to cover expenses for tangible damages that include medical bills, surgery costs, recovery therapy, loss of wages, and loss of earning capacity. You can back your need for this type of compensation with such evidence as bills, prescriptions, and reports.
- Non-economic damages – to cover non-tangible consequences of the accident that include pain and suffering, loss of consortium, loss of enjoyment of life, and mental anguish. You can back these damages with expert witnesses’ testimonies and personal journals, as well as testimonies of family members, friends, and coworkers.
- Wrongful death damages – if you lose a loved one in a motorcycle accident, you can try to recover wrongful death damages that include funeral and burial costs, mental anguish, loss of companionship, loss of inheritance, and loss of support.
While you cannot count on it, you may also be entitled to punitive damages. This could happen if the judge decides that the at-fault party’s behavior was outrageously reckless. These damages do not compensate you-they punish the at-fault party.
How long do I have to file a claim after a motorcycle accident?
The statute of limitations for personal injury cases in Texas is two years. This means that you have two years from the date of the accident to file a claim. Otherwise, you may not get compensation.
Since some exceptions to the statute exist, it may be worth contacting an attorney even if the two years are up.
Do I need a lawyer after a motorcycle accident?
You are not legally obligated to hire a lawyer to obtain compensation. However, it can be challenging to recover fair damages without legal representation. The at-fault party will try hard to reduce the payout or prove the absence of negligence.
A motorcycle accident attorney can help you determine liability, prove negligence, collect evidence, speak to eyewitnesses, find expert witnesses, file all related documents on time, negotiate with insurance companies, and represent you in court.
How much money can I get after a motorcycle accident?
The amount depends on many factors, including the extent of your injuries, the duration of the treatment, the quality of the evidence, and the work of your attorney. Since motorcycle accidents often lead to severe injuries, payouts are generally higher than in car accidents.
Do I need to go to court after a motorcycle accident?
A significant number of claims are settled out of court. However, you may need to proceed to court if the at-fault party is underinsured/uninsured or if you disagree with the settlement offered by the insurance company.
Contact an Experienced Motorcycle Accident Attorney in McAllen Today
If a motorcycle accident injured you, do not wait to hire an attorney. The earlier you speak to an experienced motorcycle accident lawyer, the easier it is to build a strong case.
An 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 money they deserve.
Contact our attorneys at (956) 544-9292 for a free consultation at any convenient time.
Kenny Perez Law
1900 N Exp 77. Suite A,
Brownsville, Texas 78521
“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
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