In April last year, a motorcycle rider in Houston had his motorcycle rear-ended by another vehicle. As a result, he lost both legs, injured his hands and back, and dislocated his hip. The case of Eric Newell is just one of the 2,318 motorcycle accidents in Texas last year.
According to state officials, 519 motorcyclists died in motorcycle accidents last year, a sharp 7% increase from 2020. Though motorcycles account for less than 2% of the total vehicles in Texas, they accounted for 12% of the fatalities in 2021.
Indeed, there is a steady rise in the number of motorcycle crashes in the state. This prompted the Texas Department of Transportation to send a public reminder to riders to take proper precautions while on the road.
Motorcycle accidents are some of the most dangerous and devastating types of collisions. Driving on the road, especially on a motorcycle, isn’t easy, as you can’t anticipate what other drivers might do. They may be distracted by their phones, tired, or just not paying attention. If you’ve been in an accident, you know how scary it is to be thrown from your bike.
If you or your loved ones were involved in a motorcycle accident, seek help. The Personal Injury Center can educate you on your rights. They can also pair you with lawyers who will seek just and full compensation for your injury case. Get in touch with them and get a free consultation.
Motorcycle accidents are a serious threat to bikers, as they can cause serious injuries, such as spinal cord injuries or even death. Motorcyclists are exposed to more risks than drivers and passengers of other vehicles simply because a motorcycle doesn’t provide much protection. As a result, motorcycle accident lawyers must gather a variety of evidence to build a solid personal injury claim.
A police report is an official record of a crime or incident. It may not be admissible in a Texan court and is considered hearsay. However, if the police officer testifies in court, the police report can be admitted as evidence as an exception to the hearsay rule.
Either way, you can use it to prove your case. The police will usually respond to the accident and investigate what happened and who was involved. Their report usually includes the following details:
- Statements from the parties to the accident
- Witness testimonials
- Facts of the accident
- Sketch of the scene of the accident
- Police’s conclusion as to who was at-fault
- Traffic citations issued
You could use it as evidence in a case, but it’s not always reliable, as the report could be biased. A cop might not have been there when the accident occurred. They may not be able to accurately describe what happened or definitively say how fast each vehicle was travelling. Moreover, the officer might not know how much damage the accident caused.
For an officer’s testimony to be reliable, it must be corroborated by evidence. For example, perhaps two witnesses who saw the same event from different angles could testify and corroborate the officer’s testimony. You can also use photos, CCTV camera footage, and other pieces of evidence to support the police report.
Collect as much evidence as possible, such as pictures of the accident scene, the injuries sustained, and the vehicles involved.
Pictures are one of the most crucial pieces of evidence of motorcycle accident injuries. They can help establish liability, allowing you to seek compensation.
These statements are provided by those who saw the accident and are considered powerful evidence. They can help to prove that you weren’t at fault for the accident.
You should always ask witnesses for their contact information to reach out to them later, as you might need more information about what happened. Moreover, it’s also best to get as much information from witnesses as possible. You should include where they were when they saw the crash and if they saw other vehicles involved.
Insurance policies, which include the following details, are the best source of information about motorcycle accidents:
- Name and address of the policyholder
- Name and address of the insurance company
- Policy types, such as whether it is a liability policy or an insurance policy covering bodily injury and property damage
- Date when coverage began and ended
- Any exclusion for motorcycles or other types of vehicles
The last item is essential because some liability policies don’t cover accidents involving motorcycles or other vehicles, such as SUVs or trucks.
Medical records are a goldmine of information about your injuries and the treatment you’ve received. They can tell you when you started having symptoms, how they’ve progressed over time and the extent of your injuries.
Furthermore, they can help prove that your injury was not pre-existing. For example, if your medical records show that you were in perfect health before the accident, it will demonstrate that the crash caused your injuries.
Expert witnesses are often called upon to help determine the cause of a motorcycle accident. They may testify as to whether a particular piece of equipment was faulty. They could also comment on whether the motorcycle’s design made it inherently dangerous or if there were any defects.
Some expert witnesses could provide an expert opinion on the victim’s medical condition before and after the crash. They could shed light on the extent of the injuries, which would help the court rule on the appropriateness of the claim.
In some cases, expert witnesses might also be asked to testify about how well a driver performed at the time of the accident, which can be helpful in cases where questions arise as to whether the driver was negligent.
Proof of Your Damages
Damages are the results of an injury or loss. For example, if you were in a motorcycle accident and suffered neck, back, and shoulder injuries, your proof of damages would be medical bills and time off work.
You can also get damages that may not be as tangible as medical bills and lost wages. For example, if your motorcycle accident injury forced you to take stop working because of a phobia, this could also be considered damage.
Proof of damages could include the following:
- Medical receipts, records documenting injuries, treatments, and related expenses
- Receipts of property damage
- Estimates or invoices from repair shops or other service providers
Your personal injury attorney can help you gather and file all of these proof of damages.
Medical records, which include X-rays, blood tests, and other lab work, may be challenging to obtain. These records are crucial because they contain information about injuries that aren’t obvious but can still cause pain and discomfort. For example, an X-ray will show broken bones or other damage to the body that may not generally have any outward signs of injury.
Getting copies of your medical records is essential if you got injured in a motorcycle accident, as they can prove your claim against the at-fault party. With these documents, they can’t deny responsibility, as it’s challenging to dispute the severity of the injury when it’s in black and white.
If you need help gathering all this evidence, contact The Personal Injury Center. They can tap a seasoned personal injury lawyer in Texas for you and work with your attorney to gather evidence for a case review.
How Can Motorcycle Accident Lawyers Help You
If you got injured in a motorcycle accident, know that there are laws that protect your rights. These laws will also help you get the compensation you deserve. A motorcycle accident attorney is an experienced lawyer to fight with you and your family. They can also offer different legal options.
Taking action as soon as possible is crucial if you’re hurt in a motorcycle accident. Time is vital because of the statute of limitations, as you only have two years, counting from the injury date, to file a claim. The sooner you start working with an attorney, the better your chances of getting fair compensation for your injuries. An experienced motorcycle accident attorney can help with all aspects of your case, including the following:
- Making sure that all insurance companies pay their share of the damages
- Making sure that your medical bills are paid
- Getting maximum compensation for lost wages, pain, suffering, and emotional distress
- Ensuring that your motorcycle accident claim is filed on time
Here are other ways your personal injury lawyer can help you:
Helps in Providing Legal Guidance and Advice
Knowing how to get the maximum compensation for your injuries is essential. The damages you could be entitled to include medical expenses, lost wages, and compensation for pain and suffering. You may also recover punitive damages if the other party’s conduct was grossly negligent.
The first step in getting compensation is hiring a motorcycle accident attorney experienced in handling these cases. A seasoned attorney could explain your options and determine if filing a lawsuit is right for you. They will also tell you what evidence is needed to win your case, such as police reports, medical records, and eyewitness accounts.
Helps in Building Your Motorcycle Accident Case
When you hire a motorcycle accident attorney, they will help you with all aspects of your case, including getting the compensation you deserve for your injuries. They will ensure that all necessary evidence is collected, such as medical records and documents proving lost wages.
They can help determine liability and how much to claim damages, including compensation for physical pain and suffering, mental anguish, and lost time from work.
Motorcycle accidents can be complex because different parties are involved, such as insurance companies from both sides.
A good motorcycle accident attorney will make sure that all parties involved in the accident are notified about your claim. They know what steps must be taken next and will ensure you receive fair compensation.
Helps in Negotiating a Fair Settlement
Negotiating a fair settlement is one of the most crucial factors of recovering compensation for a motorcycle accident. Therefore, it’s crucial to have an experienced attorney who can argue on your behalf to receive a fair settlement.
A good motorcycle accident lawyer knows how to negotiate with insurance companies, medical professionals, and adjusters. They’ll also be able to help you receive the best treatment possible. Moreover, they can do all this while ensuring that your claim is accepted with just cause.
Get the Compensation You Deserve Through The Personal Injury Center
You can get compensation for your injuries if you’ve been hurt in a motorcycle accident. However, knowing how to get compensation can be confusing and overwhelming, especially if you’re unsure about the compensation types available.
The Personal Injury Center is here to help. We have the experience and expertise to navigate the complicated process of filing a personal injury claim. We’ll be there every step—from educating you about your rights to pairing you with a seasoned lawyer.
With your attorney, we can determine what kind of compensation may be available to you. Your lawyer will help you file a case and negotiate with insurance companies. They can also help you get a favorable verdict. If you’re eager to know how we can help, don’t think twice to contact us right away for a free case evaluation.
FAQs on Motorcycle Accident Lawyers in Texas
What should you do after a minor motorcycle accident in Texas?
After a minor motorcycle accident in Texas, seeing a doctor is essential. Do this even if you don't think you've been injured. Regardless of whether your injuries are minor, they can worsen over time if they're not treated immediately.
If someone else's negligence caused the accident, you should file a claim against their insurance company. Therefore, speak to a Texas motorcycle accident lawyer, as they can offer legal advice and represent you in court.
The amount of money you receive will depend on several factors, such as medical bills, lost wages due to the injury, pain, suffering, and other damages caused by the accident. You're also entitled to compensation if you suffer from catastrophic injuries like disfigurement or brain injuries.
When you file your claim with an insurance company, they'll send an insurance adjuster to investigate the accident, who will determine who was at fault. You'll need to provide them with evidence to help prove who was at fault.
Is it safe to drive a motorcycle in Texas?
The short answer is yes. Driving a motorcycle in Texas is safe if you follow the laws and take the necessary precautions. Make sure you understand state laws regarding motorcycle safety and insurance. Remember always to wear your helmet.
Driving a motorcycle can be a fun and exciting way to get around. Just make sure you're prepared for any situation while riding your bike.
What is the usual payout for a motorcycle accident in Texas?
There is no average payout for a motorcycle accident in Texas. The amount of money you can recover depends on many factors like the severity of the injuries, whether you lost time from work, and whether you incurred medical expenses. Hiring an attorney who understands how much compensation you can expect is vital.