Motorcycles are both fun and deadly. In the past decade Texas has had one the largest number of motorcycle crash fatalities in the country. Many of the collisions resulting in serious injury or death can be attributed to negligence on the part of other drivers. Therefore, it is important to speak with a Dallas-Fort Worth motorcycle accident attorney immediately following an accident. A lawyer can help you understand your legal options, and retrieve the compensation you deserve for any injuries.
Motorcycle riders that are involved in accidents have a higher chance of serious long term injury or death because most motorcycle crashes are caused by the collision of a biker with an automobile driver. Many occur when the car is changing lanes or making a left turn and fails to see a bike occupying its proper lane. If at the time of impact the speed at which both parties are moving is high, it can be deadly for the motorcycle rider. Riders have very little protection when compared to a driver in a car, and they are likely to be flung from the motorcycle.
Motorcycle Crash Injuries
These factors, unique to motorcycle accidents, result in injuries sustained by the biker that are often extremely serious. For example:
- Internal organ damage
- Spinal cord injuries
- Broken bones
- Neck and back injuries
- Road burn
- Severe lacerations
- Head trauma
Dealing with the Insurance Company
Insurance companies often reject claims and when they do not reject them, they may appear to be in a hurry to have you accept a settlement. In many cases, they will try to settle for far less than what you may otherwise be entitled to. It is never a good idea to accept the first offer that is made to you; call Samples Ames before agreeing to any insurance settlement. We will review the entire claim and help you make a decision as to whether you should accept the settlement or whether we should fight the insurance company.
Hiring an skilled Dallas-Fort Worth motorcycle wreck attorney to handle your case is essential because of the complicated nature of these cases and the insurance companies’ reluctance to offer an adequate settlement amount. The insurer will often try to avoid paying your claim. Whenever a motorcycle is involved in an accident, insurance companies are likely to blame reckless riding, not wearing a proper helmet, or excessive speed. It is fairly typical for an insurer to hold a bias against motorcycle riders, assuming that they have a reckless lifestyle or are thrill seekers
How Helmet Use Could Affect Your Case
You may be concerned because you weren’t wearing a helmet. It could affect your recovery in these situations:
- If you were wearing a helmet and still sustained head or neck injuries, the helmet is important to your claim because it shows that your injuries were not made worse by your own actions. It also is evidence of how much worse your injuries could have been, considering the driver’s dangerous behavior, if you had not been wearing a helmet.
- If you suffered head or neck injuries and were not wearing a helmet, it may be difficult to recover for your injuries because of your choice not to wear a helmet.
- If you were not wearing a helmet and did not suffer an injury to your head or neck, the fact that you did not wear a helmet is irrelevant.
Contributory Negligence: When You Were Partially at Fault
Keep in mind, under Texas law, if you are found to be 50 percent or more at fault, it is possible that you will not receive any compensation. Our goal will always be the same; to prove you were not at fault or were only minimally at fault for the injuries you suffered during a motorcycle accident.
In Dallas, Fort Worth, and other areas of Texas, even if you are partially to blame for the accident, you can still recover compensation, but it will be reduced by your percentage of fault. Your attorney will work to minimize the percentage of blame attributed to you to allow you a greater recovery award.
Don’t Go it Alone
Trying to handle insurance companies without an experienced Texas personal injury attorney is an uphill battle. A claimant attempting to recover compensation usually has very little idea of the true value of the case. The insurance adjuster will often attempt to settle a case quickly with a low payout. Insurance companies rely on the belief that a motorcycle rider doesn’t know the law doesn’t know constitutes a reasonable settlement amount.
Don’t give a recorded statement or sign a medical authorization if the adjuster requests them, unless your attorney tells you to. It could work against you and lessen the value of your claim.
What a Texas Motorcycle Accident Attorney Will Do for You
When you hire a skilled personal injury lawyer at Samples Ames to represent you, he will investigate the accident, often with the assistance of various experts, such as traffic safety engineers and accident reconstruction specialists to collect the evidence to demonstrate the other driver’s liability.
He will also gather evidence to prove your damages, including:
- Medical expenses
- Lost wages or earnings
- Long term disability or hardship
- Damage to your quality of life as compared to how it was before the accident
- Mental trauma and anguish
Call for a Complimentary Consultation
Texas only allows adult personal injury victims to file a suit within two years of the date of their injury. It is important to begin working with an attorney as soon as possible after you have sought medical care. Motorcycle drivers have very little protection from cars and trucks on the roadways and often they suffer serious head and neck injuries, spinal cord injuries and broken bones. If you’ve been involved in a motorcycle accident and you believe that if not for the actions of another person you would not have suffered an injury, call the Dallas/Fort Worth TX offices of Samples Ames PLLC at (817) 605-1505 or (214) 308-6505 for a free consultation.