Our motorcycle accident lawyers at Mcgilberry & Shirer LLP in Dallas will always take your side and could help you pursue just and fair compensation for your injuries and property damage after an injury or accident. We know motorcycle accident claims can be difficult to win, in large part due to stereotypes that exist against motorcyclists. Partner with a Dallas injury attorney at McGilberry & Shirer to protect your rights after an accident. A good motorcycle accident attorney can level the playing field – don’t let the driver’s insurance company take advantage of you or convince you that you were at fault when you know you weren’t. Contact our team of aggressive and hard-working attorneys today!
In 2017 and 2018, Texas is generally either first or second in the country for the highest total motorcycle crashes per year according to Consumer Safety. Motorcycle accidents can easily result in catastrophic and fatal injuries. Bone fractures, brain injuries, and damage to the spinal cord are all common injuries motorcyclists suffer in collisions. No amount of protective gear or helmet-wearing can guarantee a rider’s safety. Only preventing the accident from occurring in the first place can safeguard motorcyclists. Unfortunately, distracted and negligent drivers in Dallas put motorcyclists at risk every day.
Assigning and proving liability is the main goal of a motorcycle personal injury claim. To recover your damages, you will need to prove the fault of one or more parties in causing your accident. Proving fault typically involves showing that the person owed you a duty of care, breached this duty and that the breach caused your crash. Three of the most common parties liable for motorcycle accidents in Dallas are as follows:
A plaintiff in a motorcycle accident lawsuit can claim his or her medical bills as damages in a lawsuit, but that compensation will be unavailable until the lawsuit concludes. The average lawsuit can take weeks or even months to resolve, and the plaintiff will require medical care immediately after the accident. Generally, a plaintiff will need to use his or her own medical insurance for treatment at first. However, the defendant will need to reimburse the plaintiff’s medical expenses once the plaintiff wins his or her case.
After a motorcycle accident in Dallas, the at-fault driver’s insurance will pay for the victim’s medical expenses up to the limits of his or her policy coverage. In a fault-based state like Texas, a plaintiff in a motorcycle accident claim will need to prove that the at-fault driver caused the accident in question. However, it’s possible that an at-fault driver will not have sufficient coverage to fully reimburse an injured victim’s medical expenses, especially after a serious accident. If this is true, the plaintiff will need to pursue a personal injury claim against the at-fault driver for total recovery.
If an injured victim needs to use his or her own medical insurance to pay for immediate medical care after a motorcycle accident, he or she will likely need to pay a deductible for insurance to apply. The victim should retain copies of all financial documents related to his or her immediate medical care and insurance concerns, and the victim’s attorney will ensure that the paid deductible comprises part of the victim’s claimed damages in a personal injury lawsuit.
If a negligent driver causes a motorcycle accident, an injured victim can secure compensation for any and all medical expenses resulting from the accident. Some of the most common injuries sustained in motorcycle accidents include:
Any motorcycle accident has the potential to cause life-changing injuries that may require intensive immediate medical treatment and long-term care. A plaintiff can sue for his or her hospital bills, prescription costs, costs for any necessary medical devices such as a back brace or wheelchair, and any costs for necessary ongoing care like physical therapy or occupational therapy.
If a motorcycle accident results in catastrophic injuries that permanently diminish the victim’s quality of life, he or she will likely receive additional compensation for the physical pain and psychological suffering these injuries can cause. A plaintiff’s attorney will likely consult with expert witnesses with backgrounds in medicine, psychotherapy, and economics to provide the jury with a clearer understanding of the victim’s lost earning potential, future medical concerns, and the physical and psychological impact of his or her injuries.
Much like other personal injury cases, motorcycle accidents don’t have one set amount that they are worth. This is due to the number of variable factors that can contribute to an accident and the extent of your damages. Your injuries may be short-term, but the likelihood from a collision between a motorcycle and a traditional passenger car are serious injuries for the cyclist.
Some types of potential damages you may be able to recover are:
Liability is also an important matter in your motorcycle injury case. Texas is a comparative negligence state, which means that the amount of compensation you can receive will depend on if and how much you contributed to your accident. If the court finds you 20% at fault, your total compensation amount will be 20% less than it would have been otherwise.
If you choose to agree to a settlement offer by the other party, then you will likely receive less compensation than you would if you had a successful court trial. However, there is also some difficulty in receiving higher amounts of compensation for motorcycle injuries due to many juries’ bias against motorcyclists.
With the many variables that can play into the amount of compensation you can receive from a motorcycle injury, it’s in your best interest to hire a skilled personal injury attorney for your claim. At McGilberry & Shirer, LLP, our motorcycle attorneys always take into consideration the unique circumstances of your case to help you receive the highest possible compensation.
One of the most common defenses we encounter in motorcycle accident claims is comparative negligence. The defense may try to argue that you caused or contributed to your injuries simply by deciding to ride a motorcycle. Our team of injury attorneys works hard to counteract this defense and to prove that the other driver was the majority at fault. In Texas, however, as long as the courts say you’re less than 51% at fault, you could still be eligible for recovery. Let us help you with your claim for the best chances of success. Contact us today for a free motorcycle accident evaluation in Dallas.