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Motorcycle Accident Attorney Discusses a Motorcyclist’s Rights Following a Bike Crash

Texas Motorcycle Injury Accidents
Texas motorcycle injury accidents involve a broad range of injuries. Injuries can be either minor or severe. Minor injuries include things like bruises or scratches. Whereas, life threatening injuries can range from traumatic brain injuries to spinal cord injuries. Another common injury involving motorcycle accidents are road rash injuries. However, if the road rash injury is not treated properly or in the correct time, then the road rash injury can turn into a severe infection. So therefore, it is very important that a victim gets the proper medical attention for their injuries so that their case cannot be harmed or not suffer from a failure to mitigate damages. An example of this would be if a motorcycle accident victim suffers road rash and does not treat it and the infection worsens, then they cannot seek compensation for their road rash infection from the responsible parties involved in the motorcycle accident.

Serious motorcycle accident injuries can include things like broken bones or bone fractures. Because motorcycles do not have an outer shield to protect the passengers and riders from outside elements, motorcycle riders and their passengers are often ejected from their vehicles in the event of a wreck or accident. As a result, the rider and passenger are thrown to the ground with harsh force. The brute force in which they are thrown to the ground often results in injuries such as broken bones, broken limbs, broken arms, broken legs, or even fractured bones. While all these types of injuries require immediate medical attention, they also end up costing a lot of money in regard to medical costs. Furthermore, when a motorcycle accident victim suffers a broken bone, they may become immobile and unable to return to work. This immobility also ends up causing the victim a lot of money through lost wages and higher medical bills. By seeking legal help from an motorcycle accident attorney, an injured motorcyclist can pursue financial compensation for their lost wages.

In addition, severe motorcycle injuries include things like disfigurement, spinal cord injury, and traumatic brain injury. All of these injuries often end up causing life-long medical conditions that require constant medical care throughout one’s life. Also, another injury a motorcycle accident victim may have to deal with is a burn injury. Burn injuries can cause severe pain and suffering for the victim along with disfigurement. Scars on the face, hands, legs, arms, neck, or back can leave horrible memories and lasting reminders of the terrible tragedies that took place. In addition, losing limbs such as having a leg or arm amputated as a result of the accident can also diminish a person’s quality of life. In summary, all of these situations can result in severe emotional stress for the victim and their family members. A personal injury lawsuit in Texas is the right type of legal action to pursue if you or a loved one was affected by a motorcycle accident in . By seeking a personal injury lawsuit, one is able to pursue fair compensation for their injury or loss and therefore be able to move on with their life after suffering injury or loss as a result of the motorcycle accident.

In Texas, the law requires that those under 21 years of age must wear a helmet when operating a motorcycle or if one is a passenger in a motorcycle. For those 21 years or older, wearing a helmet is optional in two conditions. First, the motorcycle driver must prove that he or she has taken the Texas motorcycle rider training course. Second, the motorcycle rider or passenger must have proof of having health insurance. For many years, there have been many debates on whether or not wearing a safety helmet is necessary for motorcycle riders and passengers. However, the benefits and protection that helmets provide cannot be refuted. In fact, the most severe types of injuries such as spinal cord injuries or traumatic brain injuries can be prevented if the motorcycle rider or passenger just wore a safety helmet. Brain injuries and spinal cord injuries can result in paralysis and can even cause life long altering medical conditions for the victim that require constant medical attention and care for many years. Plus, these traumatic injuries also result in enormous medical bills and costs. Anyone who has suffered severe personal injuries as a result of an motorcycle accident needs to contact an experienced attorney in order for them to get the right type of legal help so they can pursue damages in the form of financial compensation so that they can have some way of paying for their enormous medical debt as a result.

In summary, depending on the type of injury, a victim of a motorcycle wreck may require medical attention that lasts for a day, a week, a month, for many years or even for life. This also means that one is likely to encounter medical bills that costs anywhere from the thousands to the millions of dollars. As a result, insurance companies that have to pay this type of money to the injured victims, despite the victim’s needs and rights, will heavily defend a motorcycle accident claim and will do everything in their power to deny the claim. If you do not have any legal help from an experienced motorcycle accident attorney such as the ones at our law firm to stand by your side and aggressively seek justice on your behalf, then you may hurt your case by ending up not getting the proper amount of compensation you deserve. You might end up settling for a lower offer than your case is likely worth.

Fatal Motorcycle Accidents in Texas
In Texas, every day a fatal motorcycle accident occurs. This statistic is from the Texas Department of Transportation. This sobering fact can also be reinterpreted in many ways. One such way is that one family member a day can lose a loved one in or somewhere else in Texas as a result of a fatal motorcycle crash or wreck. If you lost a loved one due to a fatal motorcycle accident, the Texas wrongful death attorneys at our law firm can help you discover the truth about the motorcycle fatal accident that your loved one was involved in. By conducting a thorough investigation, our attorneys can find all the negligent parties involved in your loved ones loss and bring them to justice for their negligent behavior. When an accidental death happens as a result of another party’s gross negligence in the accident case, then the bereaved family members have the right to pursue a wrongful death lawsuit against all negligent parties involved in your loved ones loss. They have the right to seek damages in the form of a wrongful death damages case and a survival damages case.

In a survival damages case, only the closest living relative to the accident victim can pursue this type of damages. However, in a wrongful death damages case, more than one family member can pursue damages for the financial losses they have suffered for losing their loved ones. Despite this fact, wrongful death damages are not pursued for the sole purpose of seeking money. The main reason why family members seek damages in cases involving fatal motorcycle accidents is the ability for them to seek justice and hold all negligent parties accountable for their reckless behavior. Even though seeking compensation is an important part of recovering from any accident and is an important step in a wrongful death lawsuit, the ability to hold the liable parties responsible for their actions or inaction that led to the accident is even more important sometimes. Before filing a lawsuit, a bereaved family member can contact a fatal motorcycle accident attorney, so that the attorneys and their legal team can conduct an intensive investigation into the accident scene and find all the negligent parties who were involved. After identifying all negligent parties, the bereaved family members then can pursue lawsuits against each liable party who contributed to your loved ones loss. The motorcycle accident attorneys of our law firm have 20 years of experience investigating accident scenes of all types. With our law firm’s background and experience in conducting in-depth investigations into all types of fatal auto accident scenes, our attorneys are able to discover who all was actually involved in the loss of your loved one. Through our collaborative efforts, we are able to pinpoint who all contributed to the loss of your loved one and who all are responsible for your family’s loss and pain and suffering.

Drunk Driving Motorcycle Accidents in Texas
Just like drunk driving cases involving regular passenger vehicles, drunk driving cases involving motorcycle accidents may result in a lawsuit being filed against a negligent bar or alcohol serving establishment that over served their patrons alcohol which contributed to the wreck. Because of Texas dram shop law, a bar or restaurant that over serves their patrons alcohol to where their patrons blood alcohol level exceeds the legal amount, may be held liable in a Texas motorcycle accident case if it was found that the drunk patron caused the accident. A bar or restaurant can be held partially liable if the drunk patron’s blood alcohol level exceeds .08% and they end up causing an accident on the road which results in severe personal injury or even death. For example, in a first party dram shop cause of action case, the driver of the motorcycle vehicle can pursue damages against the bar or alcohol serving establishment in the event that the driver of the motorcycle wrecks their bike and causes injury to themselves. If a drunk driver causes an accident and strikes a motorcyclist, a third party dram shop cause of action can be pursued. In both cases, the injured victim can seek damages from the bar or restaurant that over served the patron alcohol which led him or her to cause the accident. Also, in third party dram shop cause of action, the injured victim can seek financial compensation from both the drunk driver themselves and the alcohol serving establishment that over served their patron alcohol. These same issues of liability also apply to wrongful death cases as well. Those without proper legal experience will have a hard time proving that the bar or alcohol serving restaurant over served their patrons alcohol which directly contributed to the wreck. Our attorneys have 20 years experience litigating drunk driving accident cases all over Texas. The motorcycle accident attorneys of our law firm are very familiar with Texas dram shop law. We can help you by being able to identify all the parties involved in your loved ones loss and hold them accountable for their gross negligence.

Motorcycle Defects
Another major contributor to motorcycle accidents is motorcycle defects. Mechanical failures and defects on motorcycles can happen due to poor maintenance or even defective parts on the motorcycle. If a major part of a vehicle is found to be defective, then a major recall is issued by the manufacturer of the vehicle and also recommendations are made in order to fix the flaw. However, in motorcycle cases, when some part of the motorcycle is defective, then something serious can go very wrong. Even if everything is working properly on a motorcycle, the ability to operate a motorcycle requires the constant awareness of the rider to be upright and pay close attention to make sure nothing goes wrong. However, if there is a defective part, it can cause the motorcycle rider to lose control of his or her motorcycle, therefore making it difficult to control the vehicle. When a manufacturer error does occur, it is highly unlikely that the motorcycle rider can control their conditions and safely land on the side of the road if the motorcycle rider loses control.

Motorcycle Product Liability
Although this is uncommon, there are some motorcycles that have design flaws due to poor design and engineering. But most flaws associated with motorcycles happen due to the negligence in which they are manufactured.

In this situation, a vital component may fail under real world time stresses, scenarios and loads that are expected of them and are for their intended use. Examples of mechanical failures are brakes that fail, a chain that breaks, an engine bearing that fails or even a brake proportioning valve that is improperly biased. All these types of mechanical defects can lead to severe personal injury. In the event that a mechanical failure on a motorcycle occurs, and the defect leads to one’s death or injury of a motorcycle rider, then the victims have the right to pursue litigation against the manufacturer in the form of a product liability claim. Texas law allows this. In many cases, multiple parties can be found liable as well. For example, if a motorcycle has more than one manufacturer or company that constructed the bike, and one of the parts of the motorcycle is defective and ends up causing a wreck, then the manufacturer of the motorcycle along with the company that constructed a certain part of the bike, such as the company who put together the brake system which was poor, can both be held liable in a motorcycle accident case depending on each individuals level of negligence.

The truth of the matter is that product liability claims for defective motorcycles are very difficult to litigate and involve complex legal matters. You cannot base any form of your claim on mere speculation. You must be able to prove that your motorcycle was defective by gathering clear and strong evidence. Simply stating that something broke is not enough. It is the plaintiffs who have the burden of proof to show that the manufacturer’s defect is what led to the motorcycle accident. In order to prove this, a qualified engineer must conduct a thorough investigation of the motorcycle vehicle itself and see what the exact cause was of the motorcycle being defective. An engineer must evaluate all the defective components to find the problem or exact cause. The engineer must also compose a report of what part directly led to the failure of the motorcycle. Furthermore, the motorcycle and its parts must be stored safely and securely so that it can be used as evidence in a trial.

The reason why many product liability claims regarding motorcycles fail is the fact that the plaintiff failed to preserve evidence that would justify their claim in the first place. A non-attorney or someone with no legal background does not have the experience to take on product liability claims because they do not have the background or understand the procedures involving how to handle cases when it comes to manufacturer defects. Product liability cases are some of the hardest cases to litigate even for many attorneys. At our law firm, we recommend that you do not handle product liability cases on your own since it will lead to further stress, complications and confusion. Rather, we feel that it is vital and critical that you hire an experienced and competent motorcycle accident attorney to help you win your case.

Motorcycle Maintenance Issues and Misrepresentations of Condition
Another contributing factor to a motorcycle accident is bad maintenance performed by a mechanic. Often times, when something goes wrong in a car, the car can often be taken care of by a mechanic at the shop where he can find the problem and fix it. However, when it comes to a motorcycle accident, a defect in the motorcycle or even bad maintenance conducted on the motorcycle can lead to severe personal injury for the motorcycle rider and his or her passenger and can even lead to death. The sad fact is that not all motorcycle repair shops hire competent and experienced mechanics or qualified technicians. A less than qualified mechanic may oversee something which can end up causing mechanical failures on the motorcycle. In this situation, the mechanic and their repair shop can be held liable for their negligence.

However, there are even some cases where the mechanical issues are not a result of an oversight. There are some cases where a private seller or dealership will sell a motorcycle that is in poor mechanical condition. Some will even go as far as to hide the poor mechanical conditions associated with the motorcycle. For example, our firm has dealt with such a scenario and case. One person called our firm who purchased a sport bike from a licensed dealership. When the person rode home on the sport bike, he noticed that the sport bike was not behaving properly. For his protection, the individual took the sport bike to a repair workshop for inspection. After inspecting the sport bike, the repair shop soon discovered that the sport bike had many defects. The defects they found included things like beneath the new fairings the triple tree was cracked (this is very dangerous), the radiator was not properly attached, and that the frame was damaged and masked with body filler and spray paint. In summary, what the inspector found was that the sport bike was already damaged but the damages were covered up and painted and sold in bad condition, even though it looked like the sport bike was in good condition. This practice is a violation of the Deceptive Trade Practices Act. What’s even worse is that this motorcycle or sport bike could have easily claimed the life of the purchaser. In this case, the dealership that sold the sports bike would be liable for their negligence and because of their deceptive practices in selling a bad motorcycle, punitive damages can also be sought against them.

Adjuster and Jury Bias in Texas Motorcycle Accident Cases
The bad news for motorcycle riders is that there is a negative perception of them. As a result, when a motorcycle rider is involved in an accident, the public will always have a bias against them. Most of the general public views motorcycle riders as a wild bunch that drives freely and recklessly on the roads. As a result of this stereotype, insurance adjusters and defense attorneys that deal with these cases will often pinpoint the motorcycle rider for being 100 percent at fault for their own accidents. They will try to sway the jury that the motorcycle rider’s wild ways is what led to the accident. In other words, insurance adjusters will use the stereotypes of motorcyclists to put all the blame on the motorcycle rider themselves even if the stereotypes are not true. After all, if an insurance adjuster can convince the jury that the motorcycle rider is mostly at fault for their own accident, then the insurance adjuster can save their company a lot of money.

Motorcycle Accident lawsuit attorney
At our law firm, we do not stereotype anybody. We know that many motorcycle riders are also safe drivers. We know that motorcycle riders enjoy their rides on the roads and highways of Texas. We know that they like to take road trips to Austin for the ROT Rally every year. Furthermore, thousands of Texans also use motorcycles as an option to regular vehicles in order to save money. Many motorcycle riders also consider their own safety, the safety of other passengers and other drivers on the road as well. However, in order to convince the jury that the motorcycle rider is not at fault for his or her own accident, more than words are necessary to convince the jury that motorcycle riders are also safe riders. What is necessary is strong evidence from the motorcycle accident scene in order to sway the jury? The correct evidence must be obtained properly so that it can be admissible in court. Due to our motorcycle accident attorneys 20 years of experience litigating auto accident cases, our attorneys can conduct an intensive investigation in order to obtain the proper evidence needed in court. The attorneys of our law firm are able to obtain proper evidence in the form of accident scene evidence, eyewitness testimony and even expert testimony in certain cases. With our ability to investigate and get the necessary evidence, our attorneys can bear the burden of proof that the law requires in an motorcycle accident case. We will also be able to prove and show how the negligent party contributed to your motorcycle accident with the evidence we collect. Without any such proof, your case is in jeopardy and cannot rely on mere words alone. Also, without any solid proof or evidence, your chances of receiving financial compensation are also slim. What’s even more important is that strong evidence supporting your case will help dispel any myths for the jury when it comes to their image of motorcycle riders.

Aggressive Insurance Adjusters
What scares most insurance adjusters when it comes to dealing with motorcycle accident cases is their ability to lose the case and therefore have to reward a large sum of money to the accident victim. Insurance adjusters do not want this to happen because this means that they will lose a lot of money. They are not worried about the pains and losses the victim is dealing with. Insurance adjusters are only concerned with protecting their backs by saving their company money. In some cases, insurance adjusters are awarded with bonuses and raises for their ability to deny claims and even save their company from having to pay large amounts of compensation to accident victims. As a result of this incentive for the insurance agent, they often only work for the good of their own company and couldn’t care less about the accident victim or their bereaved family member. This is why they will employ certain tactics and tricks to completely deny claims or lessen its value.

For example, one of the tactics that insurance adjusters use is to put 100 percent of the blame on the accident on every one except their client. If the insurance adjuster is able to put the majority of the blame on the motorcycle accident victim, then the claim can be dismissed. Also, if multiple parties are at fault, then that means that the insurance company will not have to pay as much in damages. As a result, insurance adjusters will do everything they can to pin the blame on the accident victim. They will even go so far as to badger the accident victim in order to skew his or her memory of the accident. They will record their statement and then try to use it against the accident victim in court. This way, the insurance adjuster is trying to disprove the credibility and validity of the accident victim’s memory. Furthermore, if the insurance company’s defense attorney already conducted an accident scene investigation before the plaintiff has, and then the insurance adjuster can use the findings from the defense attorney about the accident scene and have an open and shut case against the motorcycle accident victim. Without the necessary evidence on your behalf, you stand very little chance of being able to refute the claims made against you by the defense team.

Another tactic insurance adjuster’s use in order to save their behinds is offering the accident victim a quick settlement offer. Often times, insurance adjusters will offer accident victims or their bereaved family members a quick cash compensation for their injuries or loss. But doing so usually requires the victim or their bereaved family members to sign papers which waivers their right to sue or seek further compensation for their loss or injuries. The settlement offer the insurance adjuster provides is usually a low ball offer and is also the least amount. If the insurance adjuster is able to get a hold of the victim and his or her family member before they ever had a chance of contacting a lawyer themselves, then the insurance adjuster has a greater chance of saving their company tons of money by settling with the plaintiff for as little money as possible. If they can’t completely get the case dismissed, then the insurance company’s next step is to offer the least amount of money to the injured party or bereaved family.

Why Do I Need a Texas Motorcycle Accident Attorney?
Contacting a motorcycle accident attorney if you have been involved in a motorcycle accident has many benefits. If you or a family member have suffered injury or experienced death as a result of a motorcycle accident, then contact our law firm for the following reasons:

The attorneys at our law firm understand Texas vehicle accident laws. Our attorneys have two decades of experience litigating all types of motor vehicle accident cases in cities all over Texas. We have experience in cases involving 18-wheeler wrecks, motorcycle wrecks, and regular auto accidents. We know who to look for in a Texas auto accident case and can determine what caused the accident as well.
We are also able to help you seek compensation for the high medical costs you have to deal with after an auto accident. We know that even minor motorcycle wrecks can result in great personal injury with enormous costs.
Our law firm is a proven wrongful death law firm in Texas. For 20 years, our law firm has helped families get the compensation they deserve by finding the negligent parties involved in their loved ones loss by bringing the negligent party to justice.
Furthermore, what makes our firm stand out from the rest is our experience in dealing with drunk driving accident cases in Texas. Our attorneys are experienced with dealing with Texas dram shop law. We are able to put in the extra time and effort to hold the negligent bar or restaurant accountable for over serving alcohol to their patron who caused the wreck.
We also understand the many technical issues and defective parts that may have contributed to the accident. Therefore, our law firm is successful in obtaining expert testimony from engineers or maintenance technicians who can provide the expert testimony needed.
We also know that there is an undercurrent of bias against motorcycle riders and therefore are able to dispel these myths to the jury by presenting proper evidence.
At our law firm, we have taken on every major insurance company in the nation and are therefore known for our success in court. Insurance companies respect our name and therefore try to settle out of court with us.
At our law firm, we make sure that our clients are not taken advantage of by the insurance company. Once you hire us to represent you, we make sure that the only person the insurance company will be dealing with is the attorneys of our law firm. This way, the insurance company cannot attack our clients or scare them off with quick settlement offers. As a result, we are able to fight on your behalf on every turn against these aggressive insurance adjusters and defense lawyers.

Remember that our law firm has 20 years of experience litigating all types of Texas motor vehicle accident cases, especially motorcycle accident cases. Due to our ample knowledge, proven expertise, years of experience and well-earned reputation, our motorcycle accident attorneys can get you the legal help you need and are looking for. If you or a loved one were involved in an motorcycle accident, then it is time for you to contact attorney for a free consultation. Our attorneys and staff are standing by 24 hours a day 7 days a week to answer any questions or concerns you may have and provide you with many legal options as well.

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