Dallas Best Motorcycle Accident Attorneys
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!
Motorcycle Accident Resources
- Who can be held liable in a motorcycle accident?
- Who pays my medical bills after a motorcycle accident?
- What are common injuries in motorcycle accidents?
- Compensation Available in a Motorcycle Accident Claim
- Contact a Dallas Motorcycle Accident Attorney Today – FREE Consultation!
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.
Who Is Liable for Your Motorcycle Accident?
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:
- Other drivers. Distracted, negligent, and reckless drivers cause too many motorcycle accidents each year. Driving under the influence of drugs or alcohol, breaking roadway rules, ignoring motorcyclists’ rights, speeding, and distracted driving can all result in serious accidents. Proving the other driver’s fault might take investigation, evidence gathering, eyewitness interviews, and expert testimony – all of which you could secure with our help.
- The Dallas or Texas government. Motorcycles are more vulnerable to roadway defects such as potholes and debris in the road. If the government body in charge of roadway maintenance negligently failed to keep it safe for riders, injured motorcyclists could name the government as a defendant. These claims have tighter deadlines than standard claims, so don’t wait before talking to a premises liability attorney in Dallas.
- A product manufacturer. If a part on your motorcycle failed and caused you to crash, consider the possibility of suing the product manufacturer or distributor. Defective and dangerous vehicle parts cause thousands of accidents every year and could be the main cause of your recent motorcycle crash. Find out with our help. Strict product liability claims often don’t require you to prove negligence.
Who Pays My Medical Bills After a Motorcycle Accident?
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.
Common Motorcycle Accident Injuries
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:
- Broken bones. Bone fractures can take a long time to heal and may result in long-term or permanent disabilities like nerve damage, lost range of motion, or lost function.
- Traumatic brain injuries. While appropriate motorcycle helmets can reduce the risk of a fatal head injury, there is a very good chance the victim in a motorcycle accident will suffer some type of head injury, from a mild concussion to a skull fracture or penetrating head wound from debris. These injuries can cause long-term or permanent damage, potentially impacting the victim’s ability to work or live independently in the future.
- Spinal injuries. Any damage to the spinal cord can cause permanent injury. The spinal cord cannot heal itself, so any damage is permanent and often extensive. Paraplegia, quadriplegia, nerve damage, and lost sensation are just a few possible outcomes.
- Friction burns. Also called “road rash,” a friction burn is a surface injury caused by sliding on asphalt. A motorcyclist thrown from his or her bike in an accident may slide on the asphalt, damaging the skin and soft tissues and possibly embedding road debris in the victim’s flesh. Friction burns may require skin grafts and other restorative procedures.
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.
How Much Is My Motorcycle Injury Case Worth?
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:
- Medical bills
- Pain and suffering
- Lost wages
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.
Contact a Dallas Motorcycle Accident Lawyer Today
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.