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In Texas, motorcycle accidents are all too common and can result in life-altering consequences for victims. Motorcycles offer little to no protection to riders in the event of a crash, meaning a collision with a larger, heavier motor vehicle is almost always serious and often fatal. Victims of motorcycle crashes caused by a negligent driver may be entitled to receive compensation for their damages. The Alfred Firm has a team of skilled motorcycle accident lawyers representing injured clients in Porth Arthur and surrounding areas. If you have been injured in a motorcycle accident, contact the attorneys at The Alfred Firm by calling 713-489-1875.
What Should I Do Immediately After a Motorcycle Accident?
If you are involved in a motorcycle accident, be sure to seek emergency medical help for yourself or for anyone else who may have sustained serious injuries. Call 911 and report the accident to law enforcement. Even if you do not think you may be hurt, it is best to be examined by a healthcare professional as soon as possible, as certain injuries may not show symptoms right away.
At the accident scene, try to recover as much evidence and information as possible. If it is safe to do so, take pictures of the scene of the accident, including the position of both vehicles, damages to each vehicle, and other important visual evidence, such as debris on the road and skid marks on the pavement. Write down the contact information of the other driver and any witnesses, and obtain a copy of the police report if possible. Then, contact your insurance company to report the accident, and reach out to a motorcycle accident lawyer to discuss your case.
Is Texas a Modified Comparative Negligence State?
If you are filing a motorcycle accident insurance claim or taking legal action and initiating a personal injury lawsuit, it is important to understand how liability is determined in Texas and how the state’s modified comparative negligence rules may impact your case. In Texas, fault for motorcycle accidents is typically determined based on the concept of negligence.
Negligence takes place when someone fails to act in the same way a reasonable person would on similar occasions, which results in harm to another person. When it comes to motorcycle accidents, negligence can take the form of distracted driving, speeding, reckless driving, or violating traffic laws. Because Texas uses a system of modified comparative negligence, victims of motorcycle accidents in which more than one party may be at fault could encounter challenges when seeking damages compensation, as their final settlement amount could be reduced if they are found to be partially liable for their own accident.
This system allocates responsibility for damages based on each party’s percentage of fault. For example, if the victim of a motorcycle accident is found to be 20% at fault for the accident, they would still be able to recover 80% of their damages from the other party who is found to be mostly at fault. This is one of many reasons why working with a skilled motorcycle accident lawyer may be in your best interest, as a motorcycle accident lawyer may be able to help you reduce your percentage of liability and maximize the amount of compensation you may be eligible to receive.
Can Motorcycle Accident Victims File a Personal Injury Lawsuit Against the Other Driver?
After sustaining serious injuries in a motorcycle accident, it may be hard to know what steps you should take to recover compensation. Since it is mandatory for motor vehicle drivers to carry auto insurance in Texas, the first option for many motorcycle accident victims is to file a claim with the insurance company of the at-fault party.
The process of filing an insurance claim is relatively simpler than filing a personal injury lawsuit. In general, you will need to contact the other party’s insurance company and follow their process for submitting claims, which may require you to provide additional information and documentation, such as medical records and vehicle repair estimates, to properly document your damages and injuries. If all goes well, a settlement offer is issued, and the claimant usually receives payment in a few weeks.
Unfortunately, not every case works out that way, and injured claimants often find themselves dealing with an insurance company that is denying their claim or finding reasons to offer them as little money as possible to close out the claim. This is when you may want to seek legal advice from a skilled motorcycle accident lawyer who can advocate for your best interests. An experienced motorcycle accident lawyer can help you gather the necessary evidence, negotiate with insurance companies, and represent you in court if necessary.
How Can I Find Out How Much Is My Case Worth?
In Texas, victims of motorcycle accidents may be entitled to compensation for their damages, which are a combination of both economic and non-economic losses. Economic damages are financial losses resulting from the accident and can include medical expenses, lost income, property damage, and any out-of-pocket expenses resulting from the accident. Non-economic damages, on the other hand, are the more subjective losses sustained by a motorcycle accident victim and can include pain and suffering, loss of enjoyment of life, and emotional distress.
Several factors are considered to calculate the value of a motorcycle accident claim in Texas. These include the nature and severity of the injuries, the amount of lost income, whether the victim is expected to fully recover from the injuries or will remain disabled for life, and the impact of the injuries on the victim’s quality of life. If you have been hurt in a motorcycle accident and want to find out how much your case may be worth, the attorneys at The Alfred Firm can answer this and other questions for you. Call 713-489-1875 and request a free consultation to get started.