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DUI Motorcycle Accidents
As is the case in accidents with drunk driver involving cars, drunken motorcycle accidents can result in a lawsuit against a negligent bar or restaurant. Because of Texas dram shop laws, bars or restaurants that are over-serving alcohol to a patron, to where they exceed a level of 0.08, and the drunken behavior then causes harm to themselves or others may be partially responsible for such a drunk driving wreck. For example, dram shop litigation is prosecuted if a drunk biker wreck their bikes, and cause injury to themselves. Another cause of Dram Shop action can be prosecuted if a drunk driver hits a motorcyclist. In both cases, if the driver was drunk too drunk due to alcohol served at a bar or restaurant is the cause of the accident, the injured party can seek damages against the establishment for negligently serving alcohol.
In a case dram shop third party action, the injured party can seek compensation from both the drunk driver and neglect bar or restaurant. The same question also applies to cases of suspicious death. Determining if a person has been over-served alcohol in a bar before a drunken motorcycle accident can be a challenge for those without prior experience in proving such cases. The Texas drunk driving accident lawyers at our law firm have 20 years experience in drunk driving accidents in Texas. We have a comprehensive knowledge of DRAM shop law in Texas and can help ensure that all responsible parties are held accountable for their negligence.
Motorcycle Defects
Another source of motorcycle accidents are the mechanical failures, poor maintenance or product defects. Most cars have some kind of sale or service bulletin that recommends repair of a known defect. But as the old adage says, when something goes wrong with a motorcycle, it goes horribly wrong. When the bikes are working well enough, the rider usually doesn’t know there’s a problem brewing. With mechanical failure, the driver can quickly lose control of the bike, and unfortunately, it is unlikely that a motorcycle can simply coast to the side of the road in such circumstances.
Even the bikes the most well-designed and built Ducati, Honda, Kawasaki, Suzuki, Yamaha, Harley-Davidson, Buell, Triumph and other major motorcycle manufacturers cannot ensure there won’t be a defect or failure that results in serious damage caused by a motorcycle accident.
Motorcycle Product Liability
Although rare, some bikes come with inherent flaws due to poor design or engineering. Many others are simply negligently constructed so that a vital part will fail with the intended use. A metering valve of the brake line is wrong, there’s a motor bearing failure, a critical cable snaps, etc, all can lead to catastrophic injuries. In the event that such breach caused the injury or death of a motorcyclist, Texas law allows victims to file complaints against the manufacturer’s product liability. In some cases, several parties to become the accused. For example, if a bike is sold by a particular manufacturer and not the components (a caliper, for example), the manufacturer or seller of motorcycle and the provider of the individual are responsible, depending, of course, on the extent of the negligence of both parties.
Products Liability claims for motorcycles are complex legal issues, and you cannot link a portion of your claim on speculation, you must obtain and retain a significant amount of evidence. You just saying “It’s the broken throttle cable” is not enough. Applicants must demonstrate that failure is the result of negligence on the part of the manufacturer, and it is therefore essential that the precise cause of error is detected. To succeed in such an application, a detailed assessment of failed components of a qualified engineer can supplement the expert report detailing the exact nature of the error. In addition, motorcycles and all accessories should be stored so they can be used as evidence in the trial.
Most product liability claims don’t bear fruit because the person bringing the matter is not sufficiently cataloging and preserving evidence to substantiate their claims. A non-lawyer simply does not have a sufficient understanding of the procedural issues raised in this kind of case. Product liability cases are outside the realm of even most lawyers, and we recommend not bringing a product liability claim their own. It is important that you hire a motorcycle accident lawyer experienced and knowledgeable in these kinds of cases.
Problems of Motorcycle Maintenance and Statements of Condition
Poor servicing of a bike can also contribute to serious injury. Once again, when something goes wrong with the car, the car can often be kept at the shop where it can be corrected. However, mechanical failure of poor maintenance of the motorcycle can lead to a catastrophic event, causing serious injury or even death. Unfortunately, not all of the bike repair shops hire qualified technicians. Less-than-diligent mechanics can make mistakes which leads to failure. In this case, the alleged negligence can be applied for this workshop.
Some mechanical problems are not the result of an oversight at all. In some cases, an individual or dealer may knowingly sell a bike that is in poor mechanical condition and some even hide the extent of poor condition. For example, our firm was recently approached by a man who bought a sport bike from a dealer. Riding to his house, the buyer realized that the bike did not behave properly. Fortunately, he took the bike to a repair shop for inspection before he had an accident or injury. The repair shop quickly discovered that under the cowling the stem was broken (which can obviously be disastrous), the radiator was not secured properly, and most importantly, the frame was damaged and masked with putty and paint spray. In short, this bike had been totaled and the dealer made cosmetic repairs and sold it as being in good condition.
When a motorcycle has a defect like this, not only is it a violation of the Deceptive Trade Practices Act, this bike could easily cost the life of the buyer. In such cases, the dealer who sold the bike course would be responsible for their negligence and such a misleading attempt to sell a motorcycle can also be dangerous rush of punitive damages.
Insurance Adjusters and Jury Bias
Riders may face bias in the context of his motorcycle accident. From the general public’s view, riders are wild, reckless in manner and very much at fault for anything that happens. Insurance adjusters and defense attorneys will stoke the fire of this bias so that the jury may be compelled to see a motorcyclist responsible for his own accident. In other words, insurance experts use of this false perception of blame as much as possible. After all, if an expert can compel a judge or a jury to believe a rider is essentially to blame their own injuries, and it is likely to save their company a substantial amount of money.
Unfortunately, while a motorcyclist is seriously injured due to a motorcycle accident in Texas, an insurance adjuster will probably still work to have a claim denied despite the obvious need for receiving fair compensation. This is a major reason why any injured rider would do well to consider talking to a motorcycle accident lawyer before trying to manage their claim on their own. With much to lose in compensation (which can be put to such matters as past and future medical bills, costs of property damage, lost wages, pain and suffering), the decision to work alone or with sub-standard legal representation, is simply an action that you can’t afford to have undertaken. With the help of legal counsel from the motorcycle accident attorneys at our law firm we can take action against a bias and unscrupulous adjusters.
Our motorcycle accident lawyers understand that many motorcyclists are safer drivers. They love riding their choppers and hogs up on a sunny weekend or heading to Austin for the ROT Rally each year. Thousands of Texans appreciate the cost effectiveness of using a motorcycle as their primary means of transportation. These riders consider their own safety, the safety of their passengers and the safety of those around them while riding their motorcycles. Just because a motorcyclist who was involved in any type of accident was known to be a safe driver is not enough evidence to convince a judge or jury that this is indeed the case. Relevant evidence from the scene of the motorcycle accident must be obtained right way, so it can be presented in court.
You should know that without legal assistance on your part to defend your interests, you could be exploited by the opposition’s legal assistance which operates in its own interest and not yours.
Aggressive Insurance Adjusters
As mentioned above, insurance adjustors who operate motorcycle accident claims, lose a significant amount of money for their company if the victim of such a claim is granted compensation. This is the last thing they want to happen, regardless of the actual needs of the victim for adequate compensation. In some cases, a raise or bonus can be given to an adjuster who saves money for their company. Thus, an insurance adjuster can work harder towards their good and evil, denying the victim or the bereaved family. As such, they often use a variety of tactics to deny or diminish claims.
For example, an insurance adjuster will try to blame as much as possible on any other entity other than his client. If most of the blame can be placed on the victim, the claim will be rejected. If the blame can be placed on several parties, the insurance company will pay less compensation. As a result, aggressive insurance adjusters do everything possible to divert as much as possible to blame others. They badger the victim of a motorcycle accident with questions, hoping to cloud the victim’s memory of an accident. These errors will be recorded and used convincingly against a victim in court to deny the validity of the testimony of the accident victims.
Another example of aggressive behavior, an insurance adjuster may offer the victim or the bereaved family a quick settlement. More often than not, this compensation is not on par with the injuries. This tactic is a cleverly calculated move for cost-effectiveness. They will most likely offer a low-ball offer, the amount they can afford to lose, and they rely on the victim needing cash fast. However, the acceptance of this initial settlement means that the victim also signs away their rights to prosecute those responsible for injuries. In essence, if the insurance adjuster reaches the victim of a motorcycle accident before they have had the opportunity to discuss legal options with an experienced motorcycle accident attorney, the adjustor is often more likely to resolve the issue less money.
We gather the evidence needed to prove your case. Through the use of such evidence, in addition to eyewitness testimony (and expert testimony, if any), our lawyers can help bear the burden of proof, showing how a party’s negligence was the cause of the accident. Without such evidence, the victim’s words are empty. Evidence is needed to dispel the prejudices that may be working against the victim of a motorcycle accident.
In addition, if the insurance defense lawyers have made a thorough examination of the scene of the accident (the victim has to have done their own research), the insurance adjuster can use these elements to create a very clear case against a victim a motorcycle accident. Without relevant evidence to back up your story, you have little or no chance to dispute their accusations against you.
Do I Need A Motorcycle Accident Attorney?
There are many reasons why you should consider contacting counsel for your Texas motorcycle accident, whether you have been injured in a motorcycle wreck, or if you have lost a loved one due to a fatal motorcycle accident in Texas:
We understand the vehicle accident laws in Texas. With two decades of relevant experience examining 18-wheeler wrecks, automobile accidents and motorcycle accidents, we know what and above all how, to seek in connection with motor vehicle accidents in Texas of all types.
We can help you claim compensation for medical expenses. Even bike wrecks with relatively minor damages can cause serious injury. These injuries may require extensive medical care with the resulting high medical expenses.
We have a proven wrongful death claim track record in Texas. In the last twenty years we have walked many families through difficult times, so you can see is well guilty of stealing their loved ones.
We have extensive experience in drunk driving accidents in Texas. Our lawyers understand the DRAM Shop Law, and how to keep working to make negligent bars and restaurants accountable for their actions.
We know the technical details involved in a motorcycle accident, including those caused by defective components. If necessary, we try to help the experts who can provide valuable evidence of experts, in some cases.
We understand that a background of prejudice against bikers may exist in certain circumstances. We will work to show a judge or jury, by appropriate evidence that those responsible for a motorcycle wreck will be held fully responsible.
Motorcycle Accident Attorney
We have a hard-earned reputation for aggressive insurance adjusters and defense attorneys. In fact, we have won against almost every major insurer in the country. They know us and respect us.
We can prevent you being taken advantage of by an insurance company. When our motorcycle accident attorneys are engaged, we alone handle the insurance adjuster. We are able to fight aggressively for your rights at every turn.
There is a wealth of information, experience, and a well-deserved reputation earned by the motorcycle accident attorneys at our law firm. For more information on legal options, contact us today for a free legal advice.
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