Motorcyclists are inherently vulnerable. According to data from the Texas Open Data Portal, an average of 1.3 motorcyclists are killed every day in crashes in the state. Many more suffer serious, even catastrophic injuries. Were you or someone close to you hurt in a motorcycle crash? You need prompt medical care and the maximum compensation. Here, our Houston motorcycle accident attorney explains what you need to know about recovering the maximum financial compensation for an accident in Texas.
Always See a Doctor After a Motorcycle AccidentA serious motorcycle crash can cause devastating injuries. If you were hurt in a motorcycle accident in Houston or elsewhere in Texas, it is imperative that you see a doctor right away. Prompt medical attention is not just critical for your health and well-being—it also plays a key role in preserving your right to bring a legal claim. Without medical records, you will not be able to recover motorcycle accident compensation in Texas. Medical records are foundational evidence in a personal injury case. Timely documentation is key to establishing both causation and the severity of injuries.
Personal Injury Tip: Do not wait to see a doctor after a motorcycle accident. You may be more seriously hurt than you initially believe. Many motorcycle crash injuries have a delayed onset of symptoms.
An Overview of Motorcycle Accident Liability in TexasHow does motorcycle accident liability work in Texas? It is a fault-based, comparative negligence state. To hold any other party legally responsible for your motorcycle crash, you must prove that their negligence—their failure to take proper care—was a factor in causing the collision. Many motorcycle accident injury claims are brought against negligent drivers. Although other parties, such as trucking companies, highway road crews, and motorcycle manufacturers, may also bear fault.
Under Texas Civil Practice & Remedies Code § 33.001, a motorcycle accident victim may recover damages only if they are less than 51% at fault for the crash. If you are found partially at fault for your own motorcycle crash, your liability can be reduced proportionally to your degree of fault. For example, imagine that you were 25% at fault for a motorcycle crash in Houston and had $50,000 in damages. You would be liable for 25% of your own damages ($12,500). In other words, recovery would still be possible, but it would be reduced to $37,500.
Beware of the Insurance Company After a CrashFor the most part, motorcycle accidents are defended by insurance companies. It is imperative that injured riders know how to take on the insurance claims process after a crash in Texas. Unfortunately, insurance companies are simply not on your side. They fight hard to pay out as little as possible in motorcycle accident injury claims. Whether dealing with your own provider (under UM/UIM coverage) or a third-party liability carrier, it is crucial that you have a top-rated Houston motorcycle accident attorney on your side. Your lawyer will protect your rights and your interests.
Do not provide a recorded statement to an insurance adjuster without first speaking to a lawyer. Insurance adjusters are trained to protect the bottom line of their employer. They use many tactics and strategies to try to pay out as little as possible in settlement negotiations. Under Tex. Ins. Code § 541.060, insurers are prohibited from engaging in unfair settlement practices. Still, that does not mean that the claims process will be easy. Insurance companies fight hard to pay out as little as possible. The right Houston motorcycle accident lawyer can help you get justice.
Personal Injury Tip: There is a two-year statute of limitations for motorcycle accident injury claims in Texas. Do not wait too long to take legal action after a crash.
Evidence is the Key to a Successful Motorcycle Accident ClaimEvidence is the cornerstone of a successful motorcycle accident claim in Texas. To recover compensation, you must prove both fault and damages. As a starting point, you need to be prepared to show that the defendant, the other driver or otherwise, actually bears liability for causing your crash. Beyond that, you must demonstrate the scope and nature of your damages, including your medical bills, lost income, and pain and suffering. Comprehensive, compelling, and well-organized evidence can make the difference in your legal claim.
Recovering the Maximum Compensation for Motorcycle Accident VictimsIf you or your family member was hurt in a motorcycle wreck in Texas, it is imperative that you are able to secure full and fair financial compensation for your damages. Insurance companies can make it very difficult for injured riders to get justice. They want to pay out less, potentially even denying compensation at all if they can get away with it. Our Houston, TX motorcycle accident lawyers can help. Along with other damages, our team helps injured motorcyclists seek compensation for:
Motorcycle accident injury claims are complicated. Sadly, many riders face serious challenges when fighting for the full and fair financial compensation that they deserve. You do not have to take on the claims process alone. A proactive approach can make the difference. At Thornton Esquire Law Group, PLLC, we are strong advocates for injured victims in Texas. Our firm has what it takes to help motorcycle accident victims hold negligent drivers and large insurance companies accountable. We are ready to fight for the maximum financial compensation on your behalf, including for motorcycle repairs, medical bills, lost wages, pain and suffering, and more.
Set Up a Free Case Review With a Top-Tier Houston Motorcycle Accident AttorneyAt Thornton Esquire Law Group, PLLC, our Houston motorcycle accident attorney is a strong, aggressive, and experienced advocate for justice. If you or your loved one was hurt in a motorcycle wreck, we can help. Call us at (713) 401-3998 or contact us online to set up a free, no-strings-attached case review. With an office in Houston, our firm fights for justice for motorcycle accident victims throughout the State of Texas.