Dallas Motorcycle Accident Lawyer
Table of Contents
- Types of Motorcycle Accidents Our Lawyers Handle
- Common Injuries in Motorcycle Accidents
- Who Is Liable in Motorcycle Accident Cases?
- What Compensation Can You Receive After a Motorcycle Accident?
- Comparative Negligence in Texas Motorcycle Accident Cases
- What to Do After a Motorcycle Accident in Dallas
- What Is the Value of Your Motorcycle Accident Claim?
- What Is the Time Limit to Bring a Motorcycle Accident Claim in Texas?
- How Can a Dallas Motorcycle Accident Lawyer Help You With Your Claim?
Any motorist may sustain injuries in a motor vehicle accident, but motorcyclists are more vulnerable to serious and catastrophic injuries on Texas roads. Since motorcycle riders and passengers lack the protection of an enclosed vehicle made of steel, they are more likely to suffer severe injuries when involved in a road accident, whether or not the motorcyclist is wearing a helmet.
If you or your loved one has been involved in a motorcycle accident, do not hesitate to speak with our attorneys at The Patel Firm. Our Dallas motorcycle accident lawyer will evaluate your case to determine whether or not you have the right to pursue a claim against the negligent party who caused your crash.
We are committed to helping you improve your chances of getting the compensation you deserve. Schedule a free case review with our lawyers by calling 361-400-2036.
Types of Motorcycle Accidents Our Lawyers Handle
Texas has the third-highest number of motorcycle accident fatalities in the country, according to a report by the Texas A&M Transportation Institute. The report analyzed motorcycle accidents across the United States between 2010 and 2017. During this period, there were nearly 68,900 accidents involving motorcyclists in Texas alone.
At The Patel Firm, our experienced attorneys have represented injured victims and their families in all types of motorcycle accident cases, including:
- Unsafe lane changes
- Left-turn accidents
- Drunk driving accidents
- Distracted driving accidents
- High-speed crashes
- Rear-end accidents
- Guardrail accidents
- Dooring crashes
- Intersection accidents
If you were injured in a motorcycle crash because of negligence on the part of another driver or rider, it is in your best interests to speak with a Dallas motorcycle accident lawyer to discuss your options. Our attorneys will help you receive the compensation to which you are entitled.
Common Injuries in Motorcycle Accidents
As mentioned earlier, motorcycle riders and passengers are more likely to suffer catastrophic and life-threatening injuries than other motorists. Some of the most common injuries suffered by motorcyclists include:
- Spinal cord injuries
- Traumatic brain injuries
- Loss of limb
- Internal organ damage
- Broken or fractured bones
- Neck injuries
- Back injuries
- Road rash
- Facial injuries
- Permanent scarring
The value of your personal injury claim after a motorcycle accident depends on the severity of your injuries and whether or not you are expected to fully recover. If you have been involved in a motorcycle collision, you should seek medical attention as soon as possible to document your injuries and start the treatment immediately to improve your chance of recovery.
Who Is Liable in Motorcycle Accident Cases?
Each case is unique, which is why determining liability after a motorcycle accident can be quite complicated. Depending on the circumstances of your crash, you could hold multiple parties liable for your losses and damages.
That is why it is vital to discuss your particular situation with a Dallas motorcycle accident lawyer to review the facts of your case and determine liability for your injuries. In many cases, injured motorcyclists can pursue a claim against the driver of a passenger car or truck that caused the collision.
Common examples of a driver’s negligence in motorcycle accidents include:
- Failure to maintain a safe following distance (tailgating)
- Failure to signal one’s intention to change lanes or turn
- Failure to check one’s blind spots before performing maneuvers
- Distracted driving
- Drunk driving
- Aggressive driving
- Failure to yield the right of way
However, drivers are not the only parties that can be held liable for injuries in motorcycle accident cases. Other liable parties include:
- Government entities – If a crash was caused by negligent road maintenance or improper road design, you might be able to bring a claim against the government entity responsible for the maintenance or design of the road on which your accident occurred.
- Manufacturers – It is not uncommon for motorcycle accidents to occur when there are problems with automobile or motorcycle equipment or parts. If your accident was the result of manufacturing or design defects, you might be able to pursue a claim against the manufacturer of the defective vehicle.
In most cases, fault is not immediately clear after the accident, which is why you need to speak with a knowledgeable motorcycle accident lawyer in Dallas to investigate your particular case and determine who can be held liable for your damages and losses.
What Compensation Can You Receive After a Motorcycle Accident?
The damages that may be available in your motorcycle accident case depend on the circumstances of your crash. At The Patel Firm, we are committed to helping you receive fair and full compensation for your injuries sustained in a motorcycle accident. Depending on the facts of your case, you may be able to get compensated for your:
- Medical expenses, including the cost of medication, medical treatment, surgery, rehabilitation, and more
- Pain and suffering associated with your injury
- The loss of enjoyment of life
- The loss of consortium
- Lost wages
- Diminished earning capacity
- Emotional distress and other economic and non-economic damages
If the at-fault party engaged in gross negligence or malicious conduct, you might be able to recover exemplary damages, which are meant to punish defendants for their egregious conduct (Texas Civil Practice & Remedies Code § 41.003).
Let our skilled and detail-oriented attorneys at The Patel Firm review your particular situation to determine what compensation is available in your motorcycle accident case. Call 361-400-2036 to get a free case evaluation.
Comparative Negligence in Texas Motorcycle Accident Cases
Texas adopted the legal standard called “modified comparative negligence,” which prevents injured parties from seeking compensation if they are 51% or more at fault for causing their injuries.
Under Texas Civil Practice & Remedies Code § 33.001, as long as the defendant’s fault is greater than your level of negligence, you are entitled to compensation for your losses and damages. Additionally, under the doctrine of comparative negligence, your compensation is reduced by the percentage of your responsibility.
For example, if you are deemed 40% at fault and suffering $10,000 in your motorcycle accident, you will only receive $6,000 in damages ($10,000 minus 40%). Insurance companies often take advantage of comparative negligence in motorcycle accident cases to reduce the injured motorcyclist’s compensation or deny coverage altogether, especially if the rider was not wearing a helmet at the time of the crash.
The insurer may argue that the motorcyclist is partially at fault for their injury if they suffered head trauma and were not wearing a helmet. The insurance company might argue that the lack of a helmet contributed to the severity of the rider’s traumatic brain injury.
However, it is important to note that, unlike in many other states, helmet use is not mandatory for adult riders in Texas. Helmet use is not required for riders over the age of 21 if they:
- Have completed a training course
- Have the necessary medical insurance
If you have been injured in a motorcycle accident and the insurance company argues that you were partially to blame because you did not wear a helmet at the time of the accident, do not hesitate to speak with an experienced attorney. Our Dallas motorcycle accident lawyers can help you get the maximum compensation to which you are entitled.
What to Do After a Motorcycle Accident in Dallas
If you have been involved in a motorcycle accident, the steps you take after the crash will affect your chances of a positive outcome when pursuing compensation. Take the following steps after your motorcycle accident in Dallas:
- Seek immediate medical attention to document the nature and extent of your injuries
- Take photos at the scene of the crash
- Obtain a copy of the police report
- A record of days missed at work
- A written record of your symptoms, medical treatments, and other
- Talk to an attorney before speaking with the insurance company
- Do not accept a settlement offer or provide a written statement without consulting with a lawyer
Contact our experienced and skilled lawyers at The Patel Firm to find out the steps you should take following your motorcycle accident.
What Is the Value of Your Motorcycle Accident Claim?
It is not possible to estimate the value of your motorcycle accident claim without knowing all the facts of your case. That is why you need a Dallas motorcycle accident lawyer to review all the details of your case before making any settlement demands.
The amount of a settlement in your motorcycle accident case depends on a wide range of factors, including the severity and nature of your injuries, the total amount of medical expenses incurred as a result of the accident, and many more.
An attorney will determine what your losses amount to in order to understand how much your claim is worth. Get a free case review with our lawyers at The Patel Firm by calling 361-400-2036.
What Is the Time Limit to Bring a Motorcycle Accident Claim in Texas?
If you have been injured in a motorcycle crash in Dallas, do not delay speaking with a lawyer to understand your legal options. State law imposes a time limit on personal injury claims. The time limit is legally known as the statute of limitations.
Under Texas Civil Practice & Remedies Code § 16.003, the deadline for filing a personal injury lawsuit is two years from the date of the accident. Failure to bring a claim before the deadline will result in the loss of your right to recover damages.
The two-year clock starts on the date of your accident. However, if you did not discover your injuries on the date of your accident, the time limit starts on the day you discovered or should have discovered the injury.
How Can a Dallas Motorcycle Accident Lawyer Help You With Your Claim?
At The Patel Firm, our Dallas motorcycle accident lawyers will help you navigate the legal process by assisting you with the following:
- Help you receive medical treatment – Motorcycle riders and passengers are more vulnerable to injuries. As a result, motorcyclists are likely to suffer serious injuries that require costly treatment. If you do not have health insurance, we can help you get the treatment you need and arrange for your medical bills.
- Determine the value of your motorcycle accident claim – Before demanding any settlement, you need to understand how much your claim is worth. For this reason, you need your lawyer to analyze the facts of your case and determine what compensation would fairly and fully cover your losses and damages.
- File an insurance claim and communicate with the claims adjuster on your behalf – If you are entitled to compensation, your Dallas motorcycle accident lawyer will prepare the necessary documentation and file a claim against the at-fault party’s insurance company. Your attorney will also handle all communications with the insurance company to protect your rights.
- Negotiate a fair and full settlement – The vast majority of personal injury cases, including motorcycle accident cases, are settled out of court. However, you should not settle a claim if the proposed amount does not reflect the full extent of your losses and damages. Your lawyer should have extensive negotiating skills to ensure that you receive the compensation you deserve.
- Obtain the compensation to which you are entitled – Our goal is to help you receive the maximum compensation as soon as possible because we understand that being involved in a motorcycle accident can cause overwhelming stress and mounting bills. That is why we are dedicated to helping you get the compensation you deserve so that you can move on with your life.
Our motorcycle accident lawyers at The Patel Firm charge clients on a contingency fee basis, which means you will not have to pay us anything unless we win your case. The best thing you can do after being involved in a motorcycle crash is to focus on your recovery.
Your priority should be putting your life back on track while we handle the legal process to ensure that you are fully compensated for all your losses and damages. Get a free, no-obligation consultation with our Dallas motorcycle accident lawyers at The Patel Firm by calling 361-400-2036.