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Safety and well-being should be your number one concern after a motorcycle accident. Unfortunately, this may be easier said than done.
Motorcyclists are highly likely to suffer serious injuries in a crash. As a result, riders are often unable to take steps at the scene of the accident (e.g., taking photos, speaking to witnesses, exchanging information with those involved) to start building their claim. While the piles of medical bills and lost wages are growing, they may find themselves helpless to fight for themselves.
Hope is not lost, though. Although you may have had to skip a few steps due to your injuries, there is still more you can do to bolster your claim for compensation. But you won’t be able to do it alone. This is where a motorcycle accident lawyer comes in.
If you’ve been injured due to someone else’s negligence, Patrick Daniel Law can help. After a motorcycle accident in Houston, it may be chaos, but we have the experience and Strategic. Meticulous. Merciless. approach necessary to pursue the compensation you need and deserve.
Call (713) 999-6666 today to set up a FREE case evaluation. We represent injured motorcyclists in Houston and throughout Texas.
Ideally, you would be able to stay at the scene of the motorcycle accident and start gathering evidence for your claim. However, the reality is that you may be too severely injured to take action on your own in the immediate aftermath of an accident.
Motorcycle accident injuries are frequently serious. Riders may be immobile or even lose consciousness. Often, it comes down to the other driver or a bystander to call 911 so you can be taken to the emergency room.
Your priority after a motorcycle accident should be getting treatment for any serious or life-threatening injuries you may have suffered. Once your injuries are stable and you are released from the hospital, your next steps should include:
Injuries sustained in motorcycle accidents are often devastating and life-altering. For example, traumatic brain injuries can require specialized care and potentially a lifetime of therapy and assistance.
After the accident, you will likely see multiple doctors. Emergency room physicians, specialists, physical therapists, general practitioners, and other medical professionals may all be involved in your recovery.
It is imperative to keep all appointments with medical providers and adhere to the recommendations of your care team. Following medical advice increases your likelihood of recovery.
Following your treatment plan also shows that you have taken steps to improve your condition and have not made your injuries worse. This may seem a silly point—of course, you want to get better—but insurance companies will take any opportunity to dispute liability by arguing that you are responsible for exacerbating your injuries after the accident.
Texas Transportation Code requires that any motor vehicle accident resulting in injury be reported to the police. According to § 550.062, a crash report must be filed with the appropriate police department no later than 10 days after the motorcycle accident if it involved injury, death, or at least $1,000 in damage.
The other driver may have already spoken to the police either at the scene of the accident or after the fact. If you are unsure whether the police have been notified or have not been contacted by law enforcement, file a report as soon as possible. Yes, it could be redundant, but you must ensure all the boxes are checked when pursuing just compensation.
Generally, you have up to 30 days to notify your insurance carrier that you were involved in an accident. Check your insurance policy to confirm how long you have, and take the necessary steps to submit an official report within the specified time limit.
Reporting an accident is not the same thing as filing a claim. However, the insurer may deny coverage if you fail to report an accident within the time limit. You don’t want to give them any excuse to deny you fair compensation.
When someone else is at fault for the motorcycle accident, your primary means of recovering damages is to bring a claim against that party. However, you may be entitled to additional coverage through your own insurance. Therefore, it is important to abide by the policy and file a report with the insurance company as soon as possible.
Whether you are speaking to a police officer, an adjuster from your insurance provider, or a representative for the other driver’s insurance company, you should never say anything to suggest that you share any of the blame for the crash. Any admission of wrongdoing on your part can make it difficult—or even impossible—for you to recover the compensation you deserve.
Generally, having your motorcycle accident lawyer handle communications with any insurance companies on your behalf is in your best interest. Limiting contact with adjusters reduces the potential for a grave mistake.
The police report will contain several important details about the motorcycle accident. Once it is available (which may take several days), it is crucial to obtain a copy.
You can purchase a digital download of the police report from the Texas Department of Transportation (TxDOT). Alternatively, you can request a copy of the crash report by mail.
You must present compelling evidence to establish the other driver’s fault and prove you are entitled to compensation after a motorcycle accident. Although you were likely unable to gather this evidence at the scene, you can start taking steps during recovery to support your claim.
Designate a file folder and/or create a folder on your computer to keep track of the following information:
Many motorcycle accident victims also find it helpful to keep a journal of their day-to-day life after the crash. Keeping a journal can help you document the symptoms you experience from your injuries, pain levels, changes in your daily life, notes about medical appointments and treatments, and more.
Staying organized is crucial for your peace of mind after the motorcycle accident. Having these materials available is also extremely beneficial if you need to take legal action.
Claims involving so-called minor accidents may be handled without an attorney. However, the majority of motorcycle accidents are serious. Therefore, it is worth having legal representation after crashing on your motorcycle.
A motorcycle accident lawyer can investigate and collect the evidence you were unable to obtain in the moments immediately after the crash, review any notes and other documents you have in your possession, answer your questions about the legal process, calculate appropriate damages, and more. So much more.
Contacting a lawyer is a no-lose step after a motorcycle accident in Houston. When you schedule a FREE consultation, they will evaluate your case and let you know your best course of action. You will not be required to pay a dime unless they take your case and win.
Hiring an attorney takes many of the more complicated aspects of your motorcycle accident case off your plate. While your lawyer prepares your claim, you can focus on healing from your injuries and reestablishing some sense of normalcy.
A knowledgeable motorcycle accident lawyer will determine fault and liability for the crash and calculate the value of your damages, among other things. With this information, your attorney can do the following on your behalf:
It is difficult to negotiate a settlement on your own. Insurance companies have the money and resources to dispute claims, and they will not hesitate to exert their influence if it means reducing payouts.
Hiring a motorcycle accident lawyer to handle negotiations on your behalf is essential, especially if you have been seriously injured. A skilled attorney will be able to recognize low-ball offers and push back with the goal of achieving a settlement that is fair to you.
The decision whether to settle, of course, rests with you. With qualified legal guidance, however, you are more likely to obtain a settlement that maximizes compensation for your injuries and losses.
Some motorcycle accident claims don’t settle. Often, this is due to the defense mounted by insurance companies to avoid substantial payouts (which is common after a motorcycle accident due to the high rate of serious injuries).
If you face this scenario, you have 2 years to file a lawsuit to recoup damages from the motorcycle accident. Injured motorcyclists are often unaware of the statute of limitations. Accident lawyers, however, are very aware. They will act on your behalf to file the claim with the right court before the legal deadline.
Finally, if a settlement cannot be reached in your motorcycle accident claim, it may be necessary to go to court and fight for the maximum compensation you deserve. Preparing for trial is arduous and takes time, as well as a vast understanding of personal injury law. It is not something you should try to do on your own.
A motorcycle accident lawyer will handle the preparations for trial on your behalf. Your attorney and legal team will consult with you regularly while preparing the case. If your case ultimately is tried in the courtroom, you can feel confident that a seasoned lawyer will represent your best interests effectively and fight for the optimal outcome.
As we’ve stressed, your actions after a motorcycle crash can have a huge impact on the success of your claim. However, it is equally important to know what not to do:
When you are recovering, you need all your energy to heal physically and mentally. You needn’t be navigating legal traps and pitfalls. Leave that to your motorcycle accident lawyer.
The value of a motorcycle injury claim will always depend on the specifics of your accident and injury. There truly is no “average.” A lawyer can assess your damages and the circumstances of the crash and give you a better idea of the compensation you should seek.
You may be able to pursue compensation for the following:
In rare circumstances, when the other driver is found to have engaged in gross negligence or malicious conduct, exemplary or punitive damages may be awarded. These are meant to punish the wrongdoer and prevent similar behavior in the future.
An experienced attorney will evaluate your claim, calculate fair compensation, and inform you if they believe you’re being offered less than you deserve. If necessary, they will be prepared to represent you in court.
No two motorcycle accident lawsuits are alike. It is difficult to predict precisely how long yours will take to resolve. Generally speaking, it could take anywhere from several months to a few years.
However, in cases of severe injuries, the timeline is often extended due to longer recovery times and a greater potential for future medical expenses. Disputes regarding fault and an insurance company unwilling to negotiate fairly can also impact the time it takes to settle.
It makes sense to ask this question and to struggle with the answer. What you’ve been through is traumatic. Lean on your lawyer as you make your way through your case. They can provide answers and updates specific to your claim.
Motorcycle accidents typically end up worse for the motorcyclist than the driver of the other vehicle. As a result, serious injuries become the rule rather than the exception.
You may be entitled to significant compensation if the negligence of a motorist or other party caused your motorcycle crash. At Patrick Daniel Law, we take a Strategic. Meticulous. Merciless. approach to each case that combines individualized service, thorough preparation, and aggressive advocacy to achieve superior results for our clients.
After a motorcycle accident in Houston, please contact Patrick Daniel Law for a FREE case review. Our motorcycle accident lawyer serves clients throughout Texas.
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