Motorcycle Accident Lawyer : Motorcyclists Have Legal Rights When Involved in a Bike Crash

Almost a half million motorcyclists use Texas roads and highways. Their reasons range from pleasure to saving precious energy. But with more “bikers” on the road, the opportunities for accidents to occur are even more numerous.

Motorcyclists are being hit in Texas with greater frequency and for a wide variety of reasons, from simple driver distraction to more egregious errors like drowsy driving or drunk driving. If you have suffered the misfortune of an injury motorcycle accident in Texas, do you know your rights? If you’ve lost a loved one in a fatal motorcycle wreck, do you know the legal process in order to see justice served? The following article, from our motorcycle accident attorneys can answer those questions and give you useful information on Texas motorcycle wrecks. With over two decades of proven experience in Texas personal injury and wrongful death cases, the motorcycle accident lawyers of our Law Offices can help you through this challenging time.

Motorcycle Accidents can be Much Different, and More Complicated than Car Wrecks
A motorcycle accident site attests to the easily perceived differences between car crashes and motorcycle wrecks. Motorcycle accidents often produce more severe injuries and greater likelihood of death. In fact, according to the Texas Department of Transportation, two-thirds of all motorcycle accidents in Texas result in serious injury or death to motorcycle riders. There were 418 fatal motorcycle accidents in 2018, or 16 percent of all traffic fatalities in Texas that year. Also,6,913 motorcycle riders or passengers suffered injury in 2018. The devastating results of many motorcycle accidents are easily understood due to the lack of protection for the motorcyclist and/or passenger. A passenger vehicle is designed to offer much greater protection in an accident than a motorcycle. Even the most well-designed and properly built motorcycles from Ducati, Honda, Kawasaki, Suzuki, Yamaha, Harley-Davidson, Buell, Triumph, and other manufacturers cannot prevent severe injuries from occurring as a result of even a comparatively small motorcycle wreck since such bikes just don’t have an outer frame to protect a rider and/or passenger.

Unfortunately, many people fail to grasp why this protection shortcoming leads to a major difference in the way that such accidents must be handled legally. For instance, while many passenger vehicle accident claims can be handled without either party needing an attorney’s assistance, rare is the occasion where a motorcycle accident claim does not need the capable guidance of a knowledgeable Texas motorcycle accident law firm. This is because of the greater chances of serious to severe injury, or death. So the amount of compensation that may be at stake will cause an insurer to fight antagonistically against the injured victim or a bereaved family if the accident is a fatal one. Without the assistance of an experienced Texas motorcycle attorney, such a victim may not understand the full value of their claim and may be vulnerable to accepting a low-ball offer from an insurance company. Without legal help on your side defending your interests at all times, you may be taken advantage of by opponents who work for their own good, not yours.

Motorcycle Injury Accidents in Texas
Motorcycle accident injuries can be mild, such as bruises and scratches. Road rash is a common, though minor, motorcycle injury. However, if road rash is not treated within the proper amount of time, the injury can worsen through infection.

But more often, motorcycle wrecks produce life-threatening injuries: such as brain damage, major spinal cord trauma, massive internal injuries or loss of limbs. As is the case with every personal injury lawsuit, it’s important that a victim immediately receive medical attention so that their possible case may not suffer from a failure to treat their injuries. For instance, if a motorcycle accident victim fails to seek medical help for road rash and the rash develops into a life-threatening infection, the party or parties responsible for the motorcycle accident cannot be held accountable for such an infection because of the victim’s inattention to the injuries. Motorcycle riders are tough. But after a wreck, “toughing it out,” is not a wise choice.

Serious motorcycle accident injuries often include broken bones. Motorcycle, riders and passengers are often ejected from the bike and thrown onto the ground. The brute force of such a collision consistently results in broken arms, legs, ribs, and skulls, even if a helmet Is worn. While such injuries require medical attention (and their corresponding expensive bills), a motorcycle accident victim with a broken bone may also suffer financial distress due to the loss of mobility that often severely affects their ability to work. Through a Texas personal injury lawsuit, such an injured motorcyclist can seek compensation for their lost wages in addition to medical bills, pain and suffering.

We’ve mentioned that severe motorcycle injuries include disfigurement, spinal cord injury, and traumatic brain injury. Each of these can result in life-long medical disability and possibly require round-the-clock medical care for a very long time. Burn injuries can occur which produce not only severe pain and suffering for a victim, but permanent disfigurement. Scars on the face, hands, legs, neck, or back end up being lasting reminders of a motorcyclist’s harrowing ordeal. The loss of limbs: such as an arm or leg amputation, drastically change an accident victim’s quality of life. Furthermore, each of these issues can cause a victim to suffer extreme emotional duress. A personal injury lawsuit in Texas can seek compensation for all of these legal damages so that an injured person can work toward healing and coping with their serious motorcycle accident injuries.

Texas motorcycle helmet law requires anyone under-21 years of age to wear a helmet while riding a motorcycle. Those over 21 have the option of wearing a helmet so long as they have completed a Texas motorcycle rider training course or can show proof of having health insurance. While arguments for and against motorcyclists having to wear helmets have waged for years, the benefits of wearing a helmet are difficult to be refuted. As an aside, we’ve seen enough motorcycle accident victims to know that all who drive or ride a motorcycle should wear a helmet. The most severe motorcycle accident wounds, traumatic brain damage and some spinal cord injuries, may be lessened, and even prevented by the use of a helmet.

Nevertheless, these injuries can produce paralysis and often result in a victim becoming paraplegic or quadriplegic, which completely alters their life. And with such a severe injury comes substantial medical debt, a lot more than the state-minimum insurance amount of $30,000. Those who have suffered severe motorcycle accident injuries may be the ones most in need of seeking proper legal counsel in order have the best chance at winning full and fair compensation that can help cover the exorbitant medical costs often associated with traumatic brain and spinal cord injuries. Depending on the severity of the victim’s injuries in a motorcycle wreck, he or she may require medical attention for a day or a month: for years or the rest of their life. Without a knowledgeable motorcycle accident attorney on your side that can be just as aggressive in protecting your rights as your opponents who would deny them to you, you will receive much less than what your case is likely worth.

Thoroughly Investigating Fatal Motorcycle Accidents in Texas Identifies All Liable Parties
The Texas Department of Transportation reports that at least one motorcyclist dies each day in our state. This sobering reality is more personalized by reinterpreting it this way: One family loses a loved one every day somewhere in Texas in a fatal motorcycle crash. If you have experienced this tragic misfortune, our Texas wrongful death attorneys can assist you in discovering the truth of the accident scene so that each and every liable party can be properly identified and brought to justice for their negligent behavior. When an accidental death occurs due to the negligent actions of another driver, the surviving family members have the right to bring a wrongful death civil lawsuit against the negligent party or parties in order to win compensation for both wrongful death damages and survival damages.

While only one family member can seek survival damages on behalf of the killed motorcyclist, multiple family members may seek wrongful death damages for the financial losses they may have suffered as a result of the death of their loved one. Prior to filing such a lawsuit, a bereaved family should contact a fatal motorcycle accident attorney in Texas in order to have an independent investigation conducted. Once concluded, each liable party can then be sued for their particular role in causing, or contributing to, the wreck. The fatal motorcycle accident lawyers at our Law Offices have over two decades of experience in investigating fatal accident scenes. This experience enables us to understand complex vehicle accident scenes and know when to dig deeper in order to ensure that all parties responsible for your loved one’s loss are identified. Through such efforts, together we can work to ensure that the negligent parties are brought to justice for causing you and your family so much pain and loss.

Did a Drunk Driver Kill your Family Member in a Texas Motorcycle Accident?
As is the case in drunk driver accidents involving passenger vehicles, drunk driving motorcycle accidents may result in a lawsuit being brought against a negligent bar or restaurant. Due to Texas dram shop law, a bar or restaurant that over-serves alcohol to a customer who then gets on the road with their vehicle and causes harm to themselves or to others can be held partially liable for helping create the circumstances that produced the drunk driving wreck.

For instance, a first party dram shop cause of action can be pursued if a drunk motorcyclist wrecks their bike and causes injury to themselves. A third party dram shop lawsuit can be pursued if a drunk car driver strikes a motorcyclist. In either instance: if the intoxicated driver was over-served alcohol at a bar or restaurant prior to the accident, the person who was injured can seek compensation from the negligent alcohol-serving establishment. In a third party dram shop lawsuit, the injured party can seek compensation from both the drunk driver and the negligent bar or restaurant. The same issues of liability also apply to instances of wrongful death. However, establishing that a person was over-served alcohol at a bar prior to a drunk motorcycle accident can be challenging for those without deep experience in proving such cases. The Texas drunk driving accident lawyers at our Law Offices have a thorough understanding of dram shop laws in Texas and can assist you in making sure that all liable parties are held accountable for their negligence.

Motorcycle Defects and Product Liability
Another cause of motorcycle accidents are mechanical failures due to poor maintenance and/or product defects. Most passenger cars will have some type of recall or service bulletin which recommends a minor change to address a known flaw. But, as the old adage says, when something goes wrong on a motorcycle, it goes very wrong. When motorcycles work well they are precarious enough to begin with, as the drivers must be much more attentive to this method of travel in order to simply remain upright. When a mechanical failure occurs, the rider may quickly lose control of the motorcycle, and, unfortunately, it is less likely that a motorcycle will simply be able to coast to the side of the road if this happens.

And though uncommon, some motorcycles are sold with inherent flaws due to poor design or engineering. Many more are simply negligently manufactured and a vital component fails under the real world stresses and loads that come with their intended use. A brake proportioning valve that is improperly biased, an engine bearing that fails, a chain that breaks, etc. can all instantly lead to a wreck that causes a catastrophic injury. In the event that such a failure causes the injury or death of a motorcycle rider, Texas law allows the victims to bring a product liability claim against the manufacturer. In some instances, multiple parties can become defendants. For example, if a motorcycle is sold by a particular manufacturer and some component (a brake caliper for example) fails, then either (or both of) the manufacturer or seller of the bike and the supplier of the individual part may be liable, depending, of course, on the extent of negligence of both parties. And if the motorcycle is made in another country, then the distributor is liable for any rider or passenger injuries.

Product liability claims for defective motorcycles are complex legal matters and you cannot base any part of your claim on speculation. Your attorney must identify and preserve a considerable amount of evidence. Simply saying “The throttle cable broke” is not sufficient. Plaintiffs have the burden of proving that the failure was the result of negligence by the manufacturer. And it is therefore vital that the specific cause of the failure be clearly identified and revealed in court. In order to be successful in such a claim, a thorough evaluation must be performed on the defective components by a qualified engineer who will submit an expert report which pinpoints the precise nature of the failure. Additionally, the motorcycle and all accompanying accessories must themselves be stored in such a way that they can be used as evidence in your civil trial.

Most product liability claims that fail do so because the person bringing the claim did not adequately catalogue and preserve evidence that justifies their claim. A non-attorney or one with little experience in motorcycle accident investigations simply does not have a good enough understanding of the issues that are addressed. Product liability cases are beyond the scope of many attorneys. And we strongly suggest that no lay person even consider bringing a product liability claim on their own. That’s why it is very important that you hire an experienced and competent Texas motorcycle accident attorney.

Motorcycle Maintenance Issues and Misrepresentation of Condition
Shoddy maintenance provided by a professional service shop can also contribute to serious injury. Again, when something goes wrong in a car, the car can often be limped back to the shop where it can be repaired. However, a mechanical failure on a motorcycle due to poor maintenance can cause a catastrophic accident and its accompanying severe injuries or even death. Sadly, not all motorcycle repair shops hire thoroughly qualified technicians. A less-than-diligent mechanic may commit an oversight that results in a failure. In such an event, a negligence claim may be brought against the repair shop in question.

Some mechanical issues are not the result of an oversight at all. In some cases, a private seller or even a dealership will knowingly sell a motorcycle that is in poor mechanical condition, and some will even go so far as to hide the extent of the poor condition. For example, our firm was recently contacted by a gentleman who purchased a sport bike from a licensed dealer. Upon riding the motorcycle home, the buyer noticed that the motorcycle was not behaving properly. Fortunately, he took it to a repair shop for inspection before he had an accident or suffered any injuries.

The repair shop soon discovered that beneath the new fairings the triple tree was cracked (which could obviously be disastrous), the radiator was not properly attached, and, most importantly, that the frame was damaged and masked with body filler and spray paint. In short, this motorcycle was previously wrecked. But rather than junk it, the dealer made cosmetic repairs and sold it as if it were in good condition. Not only is this a violation of the Deceptive Trade Practices Act, this motorcycle could very easily have claimed the life of the buyer. In such an event, naturally the dealership who sold the motorcycle would be liable for their negligence and such a deceptive attempt to sell an unsafe motorcycle may also precipitate punitive damages. But private sellers are also liable for such offenses as well, not only civil but possibly even criminal.

Insurance Adjuster and Jury Bias in Texas Motorcycle Accident Cases
Motorcycle riders may discover that they face a bias in connection to their motorcycle accident. Much of the general public perceives motorcyclists as a wild bunch, reckless in their ways and heavy on their throttles. And when you file a civil case for damages, insurance adjusters and defense attorneys will be sure to wave this bias as often as they can in order to compel a jury to see an injured motorcyclist as being the one who is actually responsible for their own accident. But this doesn’t begin with the trial. From the moment the insurance company knows of the accident, their experienced adjusters will use this misperception in order to place as much blame as possible on the motorcyclist themselves. They’ll use adjusters to try to find ways to deny your claims.

Unfortunately, even if a motorcyclist has sustained severe injuries due to a Texas motorcycle wreck, an insurance adjuster will likely still work to have a claim denied despite the likely obvious need of an injured motorcyclist to receive fair compensation, long before the trial. This is one of the main reasons why any injured motorcycle rider would do well to consider talking to a motorcycle accident attorney before attempting to handle their claim or case on their own. With so much to lose in compensation choosing to work alone, or with substandard legal representation, is simply an action that you likely can’t afford to take.

These adjusters may call you repeatedly, asking innocent-sounding questions about your accident. Their inquiries may seem harmless. But they’re usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will probably be recorded and could come back to haunt you as evidence against your claim when it’s time to go to court. After all, if an adjuster can persuade a judge or jury that a motorcyclist is mostly at fault for their own wreck, then the adjuster likely stands to save his or her company a substantial amount of money. The accident injury clients of our Law Offices have learned from us the best way to deal with insurance adjusters: just don’t deal with them at all. Adjusters don’t call our clients, we take the calls instead. When adjusters can’t talk to our clients, they don’t have a chance to twist their words around and use those words against them.

Our motorcycle accident lawyers understand that most motorcyclists are safe drivers, because they have to be. They are very attentive to their surroundings; enjoy riding their hog on a sunny weekend or even around town. Thousands of Texans appreciate the cost-effectiveness of using a motorcycle as their means of economical transportation. These riders consider their own safety, their passengers’ safety, and the safety of those around them while riding their motorcycles.

However, simply stating that a motorcyclist that 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 that is in fact the case. Relevant evidence from the scene of the wreck must be obtained and properly preserved so that it is admissible in court. Through the use of this evidence, in addition to eyewitness testimony (and third-party expert testimony when necessary) our attorneys can help you bear the burden of proof in showing how a negligent driver was the cause of your accident. Without such proof, your words will net you nothing in compensation. Evidence is necessary in order to refute any biases that may be working against a motorcycle accident victim.

As another example of such aggressive behavior by an insurance company, finds one offering an injured victim or bereaved family quick compensation. More often than not, this amount of money is accompanied by papers that a victim must sign in order to receive this sum. However, this tactic is a shrewdly calculated move based on cost-efficiency. The settlement is almost always a low-ball offer that may appeal to a victim in need of quick cash. However, the acceptance of such an unmediated settlement means that a victim also signs away their rights to bring a lawsuit against those responsible for their injuries: permanently! Essentially, if an insurance company can get to a motorcycle accident victim before that person has had an opportunity to discuss their legal options with an experienced Texas motorcycle accident lawyer, that company often stands a greater likelihood of settling the matter for as little money as possible. If they cannot get the claim dismissed completely, this is often their next best bet.

So here’s some free advice that any experienced attorney worthwhile will tell you. Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. The insurance company wants you to accept a “low ball” settlement in order to save their own money. Don’t let them take advantage of you. In fact, it’s never a good idea to discuss any details of your intentions, or anything else surrounding your injury or case, with anyone other than immediate family, without a lawyer to protect your interests.

Do You Need a Texas Motorcycle Accident Attorney?
There are a multitude of reasons why you should consider contacting motorcycle accident lawyer if you have suffered an injury due to a motorcycle wreck or if you have lost a loved one due to a fatal motorcycle accident in Texas:

We understand vehicle accident law in Texas. With two decades of relevant experience investigating motorcycle crashes, 18-wheeler wrecks and auto accidents, we know what, and, more importantly, who, to look for in connection to Texas vehicle accidents of all types.
We can help you seek compensation for medical costs. Even relatively minor motorcycle wrecks can result in serious to severe injury. Such injuries can require extensive medical attention with resultant high medical costs.
If you are having difficulty finding proper medical attention, we can usually help you find the right healthcare provider to treat your injuries; often at no charge to you.
We are a proven wrongful death law firm in Texas. In the last twenty-plus years, we have walked with many families through difficult times and help them get the justice they deserve against those liable defendants who are responsible for stealing their loved ones.
We have ample experience in drunk driving accident cases in Texas. Our attorneys understand dram shop law and are willing to put in the investigative hours in order to hold negligent bars and restaurants accountable for their actions that cause not only motorcycle wrecks, but all vehicle accidents. We hate drunk drivers.
We understand the technical details involved in motorcycle accidents, including those caused by defective parts. When necessary, we seek the help of experts who can provide invaluable expert testimony in certain cases. And we have deep experience in successfully litigating defective product lawsuits
We understand that an undercurrent of bias against motorcyclists may exist in some circumstances. We will work to show a judge or jury, through relevant evidence, the truth of your motorcycle accident case so that those responsible for your terrible wreck will be held properly accountable.
We have a hard-won reputation against aggressive insurance adjusters and defense attorneys. In fact, we have faced nearly every major insurer in the country. They know us and they respect us. And when they discover we’re “on the case,” they often settle fairly with our clients.

When our motorcycle accident law firm is retained by you, we become your full legal partner that solely deals with insurance adjusters, their bosses and the lawyers who represent them. Since they know they can’t take advantage of our knowledgeable attorneys, we’re able to fight more aggressively for your rights at every turn. With ample knowledge, proven experience, and a well-earned reputation, our Texas motorcycle accident attorneys are ready to help you through this challenging time. To learn more about your legal options, contact us today for a free consultation.

We’ll listen, share our opinion on your case, the challenges we can help you overcome, and put you on the road to recovering your rightful legal damages for medical bills, pain, suffering and other expenses you are due from a motorcycle accident. And in doing so, we can help you reclaim peace of mind and the dignity you ought to have: dignity that others wish to deny you. Don’t be made a victim twice. You deserve better than that.

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Motorcycle Accident Attorney : Motorcyclists Have Legal Rights When in a Bike Crash

Almost a half million motorcyclists regularly use Texas roads and highways. Their reasons are as diverse as those who “bike” in Texas and range from pleasure to saving their precious energy dollars. But with more of you on the road, the chances of an accident occurring are even greater. And it’s certainly happened to some of you visiting this page.

It probably comes as no surprise that motorcyclists are being hit in Texas with greater frequency and for a diverse number of reasons: from simple driver distraction to more egregious errors like drowsy driving, drunk driving or even reckless disregard. If it is your misfortune to have suffered recent injury in a motorcycle accident in Texas, do you know your rights? If you’ve lost a loved one in a fatal motorcycle wreck, do you know the legal process to assure that justice is served? This article, from our accident lawyers can answer those questions and give you useful information that will be useful in dealing with this motorcycle wreck. With over two decades of proven experience in Texas personal injury and wrongful death cases, the motorcycle accident lawyers of our law firm can help you through this challenging time.

Motorcycle Wrecks are a Different, More Complicated Animal than Car Accidents
The fact that motorcycle mishaps often produce more severe injuries and greater likelihood of death is probably the clearest difference between them and car crashes. So it’s no surprise to learn that, according to the Texas Department of Transportation, two-thirds of all motorcycle accidents in Texas result in serious injury or death to riders and passengers. There were 418 fatal Texas motorcycle wrecks in 2018, or 16 percent of all other traffic fatalities in Texas that year. Also, 6,913 motorcycle riders or passengers suffered injury in 2018. The devastating fallout of many motorcycle accidents is easy to grasp due to the lack of protection for the motorcyclist and/or passenger. A passenger vehicle is designed to offer much greater protection in an accident than a motorcycle. Even the most well-designed and properly built motorcycles from Ducati, Honda, Kawasaki, Suzuki, Yamaha, Harley-Davidson, Buell, Triumph, and other manufacturers cannot prevent severe injuries from occurring as a result of even a comparatively small motorcycle wreck since such bikes just don’t have an outer frame to protect a rider and/or passenger. Because the simple physical fact is that an unprotected body hurtling out of control or some unexplained reason runs a much higher risk of serious injury or death. You bikers accept that risk. But you shouldn’t be penalized for it, as you sometimes are. So read-on as we will discuss this a bit more throughout the article.

Unfortunately, many people fail to grasp why this protection deficiency leads to a major difference in the way that such accidents must be handled legally. For instance, while many passenger vehicle accident claims can be handled without either party needing an attorney’s assistance, rare is the occasion where a motorcycle accident claim does not need the capable guidance of a knowledgeable Texas motorcycle accident law firm. The greater chances of serious to severe injury, or death just can’t be ignored. So the amount of compensation that may be at stake will cause an insurer to fight aggressively against the injured victim or a bereaved family if the accident was fatal. Without the assistance of an experienced Texas motorcycle attorney, bike wreck victims may not grasp the full, but realistic, value of their claim and may unwittingly accept a lowball offer from an insurance company. Without a motorcycle accident attorney on your side to defend your interests at all times, you may be taken advantage of by opponents who work for their own good, and against yours.

Motorcycle Injury Accidents in Texas Can be Devastating to Victims and their Families
Motorcycle accident injuries can be mild, such as bruises and scratches and (and sometimes embarrassment). Road rash is a common. It’s usually minor, but if left untreated for more than a day or two, road rash can worsen through infection.

But more typically, motorcycle wrecks produce life-threatening injuries: such as brain damage, major spinal cord trauma, massive internal injuries or loss of limbs. As is the case with every personal injury lawsuit, it’s important that a victim immediately receive medical attention so that not only will they heal as quickly as possible, but so as not to compromise their legal position due to a failure to treat their injuries. For instance, if a motorcycle accident victim fails to seek medical help for road rash and the rash develops into a life-threatening infection, the party or parties responsible for the motorcycle accident cannot be held accountable for such infection arising from the injuries because the victim did not attend to the injuries. Yes, motorcycle riders are tough. But even after a minor mishap, “toughing it out,” isn’t very smart.

Serious motorcycle accident injuries usually come with broken bones. Riders and passengers are most always ejected from the bike and thrown onto the ground or become a guided missile through the air. The brute force of such a collision consistently results in broken arms, legs, ribs, and skulls, even if a helmet is worn. While such injuries require medical attention (and the expensive bills that accompany them), a motorcycle accident victim with a broken bone may also suffer financial distress due to the loss of mobility that often severely affects their ability to work. Through a Texas personal injury lawsuit, such an injured motorcyclist can win compensation for their lost wages in addition to medical bills, pain suffering in addition to other damages.

We’ve mentioned that severe motorcycle injuries include disfigurement, spinal cord injury, and traumatic brain injury. Each of these can produce life-long medical disability and possibly require perpetual round-the-clock medical care. Burn injuries happen too, which produce not only severe pain and suffering for a victim, but permanent disfigurement. Scars on the face, hands, legs, neck, or back end-up being lasting reminders of a cyclist’s harrowing ordeal. The loss of limbs: such as an arm or leg amputation, drastically change an accident victim’s quality of life. Furthermore, each of these experiences can cause a victim to suffer extreme emotional duress. A personal injury lawsuit in Texas can request compensation for all of these legal damages so that an injured person can work toward healing, coping with their serious motorcycle accident injuries and moving forward with their life as best they can.

Texas motorcycle helmet law requires anyone under-21 years of age to wear one while riding a motorcycle. As long as they have completed a Texas motorcycle rider training course or can show proof of having $10,000 or more in health insurance that covers motorcycle accident injuries, those over 21 have the option of wearing a helmet. And even though arguments for and against the required wearing of helmets have waged for years, the benefits of wearing a helmet cannot be refuted. As an aside, we’ve seen enough motorcycle accident victims to know that all who drive or ride a motorcycle should wear a helmet because they do clearly save lives. The most severe motorcycle accident wound, traumatic brain damage (and some spinal cord injuries) may be lessened, and even prevented by using a helmet.

Nevertheless, these injuries can produce paralysis and often result in a victim becoming a paraplegic or quadriplegic. And that completely alters their life. With such a severe injury comes substantial medical debt, a lot more than the minimum state-required personal injury insurance amount of $30,000. Those who have suffered severe motorcycle accident injuries are often the ones most in need of proper legal counsel in order have the best chance at winning full and fair compensation that can help recover the exorbitant medical costs often associated with traumatic brain and spinal cord injuries. Depending on the severity of the victim’s injuries in a motorcycle wreck, he or she may require medical attention from a day to a month, or years, or the rest of their life. Without an aggressive and knowledgeable motorcycle accident attorney on your side to protect your rights as, you will receive much less from your opponents who work to deny you those rights.

Texas Fatal Motorcycle Accidents and the Need to Identify All Liable Parties
According to Texas Department of Transportation, at least one motorcyclist dies each day in our state. This poignant reality is more personalized by reinterpreting it this way: One family loses a loved one every day somewhere in Texas in a fatal motorcycle crash. If you are now living with this sudden, tragic misfortune, our motorcycle accident lawyers can assist you in discovering the truth of the accident scene. The mission is to properly identify every liable party and bring them to justice for their negligent behavior. When an accidental death occurs because of the negligent actions of another driver, the surviving family members have every legal right to bring a wrongful death civil lawsuit against the negligent party or parties in order to win compensation for both wrongful death damages and survival damages.

While only one family member can seek survival damages on behalf of the killed motorcyclist, multiple family members may seek wrongful death damages for the financial losses they may have suffered as a result of the death of their loved one. Prior to filing such a lawsuit, a bereaved family should contact a fatal motorcycle accident attorney in Texas so that an independent investigation can begin: and the sooner the better! Once concluded, each liable party can then be sued for their particular role in causing the fatal wreck. The Texas motorcycle accident attorneys with Law Offices have over two decades of experience in investigating fatal accident scenes. This experience empowers us to understand complex vehicle accident scenes and know when to dig deeper in order to ensure that all parties responsible for your loved one’s loss are identified. Through such efforts, together we can work to ensure that every negligent defendant is brought to justice for causing you and your family so much pain and loss.

Did a Drunk Driver Kill your Family Member in a Texas Motorcycle Accident?
As is the case in drunk driver accidents involving passenger vehicles, drunk driving motorcycle accidents may result in a lawsuit being brought against a negligent bar or restaurant in addition to the drunk driver. Due to Texas dram shop laws, a bar or restaurant that over-serves alcohol to a customer who then gets behind the wheel of their vehicle and causes harm to themselves or to some unwitting cyclist can be held seriously liable for helping create the circumstances that produced the drunk driving wreck.

But also, a first party dram shop cause of action can be pursued against the bar or restaurant if a drunk motorcyclist wrecks their bike and causes injury to themselves. A third party dram shop lawsuit can be pursued if a drunk car driver strikes a motorcyclist. In either instance: if the intoxicated driver was over-served alcohol at a bar or restaurant and then caused the accident, the person injured can seek compensation from the negligent alcohol-serving establishment. In a third party dram shop lawsuit, the injured party can seek compensation from both the drunk driver and the negligent bar or restaurant. The same issues of liability also apply to instances of wrongful death. However, establishing that a person was over-served alcohol at a bar prior to a drunk motorcycle accident can be challenging for those without deep experience in proving such cases. The Texas drunk driving accident lawyers at our law firm have a thorough understanding of dram shop laws in Texas, how they work, and can assist you in making sure that all liable parties are held fully accountable for their negligence that produces your injury or the death of your motorcyclist loved one.

Accidents Caused through Motorcycle Defect or other Product Liability
Another cause of many motorcycle accidents are mechanical failures due to poor maintenance. Another large cause comes through defective motorcycles or products. Most passenger cars will have some type of recall or service bulletin which recommends a minor change to address a known flaw. But, as the old adage says, when something goes wrong on a motorcycle, it goes very wrong, simply because the mistake happens on two wheels. When motorcycles work well they are precarious enough to begin with, as the drivers must be much more attentive to this method of travel in order to simply remain upright. When a mechanical failure occurs, the rider may quickly lose control of the motorcycle, and, unfortunately, past a broken chain, bikes can’t always easily coast to a stop at the side of the road. They fall: hard!

And though uncommon, some motorcycles are sold with inherent flaws due to poor design or engineering. Many more are simply negligently manufactured, or a vital component fails under the real world stresses and loads that come with their intended use. An improperly biased brake proportioning valve, an engine bearing that fails, a sudden blowout on the front wheel at 50 MPH, etc. can all instantly lead to a wreck that causes a catastrophic injury. In the event that such a failure causes the injury or death of a motorcycle rider, Texas law allows the victims to bring a product liability claim against the manufacturer. In some instances, multiple parties can become defendants in such causes. For example, if a motorcycle is sold by a particular manufacturer and some component (a brake caliper for example) fails, then either (or both of) the manufacturer or seller of the bike and possibly even the supplier of the individual part if it is foreign made.

Product liability claims for defective motorcycles are complex legal matters and you cannot base any part of your claim on speculation. Your attorney must identify and preserve a considerable amount of evidence during investigation. Simply saying “The throttle cable broke” is not sufficient. Plaintiffs have the burden of proving that the failure was the result of negligence by the manufacturer. So it is therefore vital that the specific cause of the failure be clearly identified and revealed in court. In order to be successful with such a claim, a thorough evaluation must be performed on the defective components by a qualified engineer who will submit an expert report which pinpoints the precise nature of the failure. Additionally, the motorcycle and all accompanying accessories must themselves be stored by your motorcycle accident attorney in such a way that they can be used as evidence in your civil trial.

Most product liability claims that fail do so because the person bringing the claim did not adequately catalogue and preserve evidence that justifies their claim. A non-attorney or one with little experience in motorcycle accident investigations simply does not have a good enough understanding of the issues that are addressed. Product liability cases are beyond the scope of many attorneys. And we strongly suggest that no lay person even consider bringing a product liability claim on their own. That’s why it is very important that you hire an experienced and capable Texas motorcycle accident attorney.

Motorcycle Maintenance Issues and Misrepresentation of Condition
Shoddy maintenance provided by a professional service shop can also contribute to serious injury. Again, when something goes wrong in an automobile, the car can often safely “limp” to the repair center where it can be fixed. However, a mechanical failure on a motorcycle due to poor maintenance can suddenly cause a catastrophic accident and its accompanying severe injuries or even death. Sadly, not all motorcycle repair shops hire thoroughly qualified technicians. A slip-shod mechanic may make a repair mistake that results in a failure and cause a bike accident tragedy. In such an event, a negligence claim may be brought against the repair shop in question.

Some mechanical issues are not the result of an oversight or carelessness at all. In some cases, a private seller or even a dealership might knowingly sell a motorcycle in poor mechanical condition. Some might even go so far as to hide the true condition of the motorcycle. For example, our firm was recently contacted by a gentleman who purchased a sport bike from a licensed dealer. Upon riding the motorcycle home, the buyer noticed that the motorcycle was not behaving properly. Fortunately, he immediately took it to a repair shop for inspection before an accident (and injuries) could happen.

The repair shop soon discovered that beneath the new fairings the triple tree was cracked (which could obviously be disastrous). But that wasn’t all. The radiator was not properly attached, and, most importantly, the frame was damaged and masked with body filler, then spray painted to hide the work. In short, this motorcycle was previously wrecked, and not lightly either. But rather than junk it, the dealer made cosmetic repairs and sold it as if it were in good condition. Not only did this dealer violate the Deceptive Trade Practices Act, this motorcycle could very easily have claimed the life of the buyer. In such an event, naturally the dealership who sold the motorcycle would be liable for their negligence and such a deceptive attempt to sell an unsafe motorcycle may also bring punitive damages, and maybe even criminal charges.

The Biases That Injured Motorcyclists Must Overcome to Win Injury Damages
Motorcycle riders may discover that they face a prejudice in connection to their motorcycle accident. Much of the general public sees “bikers” as a wild bunch, reckless in their ways, heavy on their throttles and averse to living responsibly. And when you file a civil case for damages, insurance adjusters and defense attorneys will be sure to wave this negative notion as often as they can in order to compel a jury to see the injured motorcyclist as the one who is actually responsible for their own accident. This doesn’t begin with the trial, but the morning after the wreck. From the moment the insurance company knows of the accident, their experienced adjusters use this misperception to slyly place as much blame as possible on the motorcyclist themselves. This is a popular tactic by insurance companies to try and find ways to deny your claims.

Unfortunately, even if a motorcyclist has sustained severe injuries in a Texas motorcycle wreck, an insurance adjuster will likely still work to have a claim denied, even in the face of the obvious need of an injured motorcyclist to receive fair compensation. Insurance companies and their adjusters are an early, and clear, reason why any injured motorcycle rider is making a strategic mistake by not talking to a motorcycle accident lawyer before deciding to handle their claim or case on their own. With so much to lose in compensation if you go the self-representation route, or hiring substandard legal representation, you must ask yourself the question, “can I afford to take this risk?”

Insurance adjusters call you repeatedly. They ask innocent-sounding questions about your accident. Their inquiries may seem harmless, or at least like they’re trying to help you. But the point is, they aren’t. Their actions are usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will likely be recorded and could come back to haunt you as evidence against your claim when it’s time to go to court. And if an adjuster can persuade a judge or jury that a motorcyclist is mostly at fault for their own wreck, then the adjuster has done his job by saving his or her company a substantial amount of money. Our accident injury clients have learned from us the best way to deal with insurance adjusters: let us handle the adjusters. That way they can’t call our clients. They must deal with us. Adjusters who can’t talk to our clients don’t have a chance to twist their words around and use those words against them.

Our motorcycle accident lawyers understand that most cyclists are safe drivers, because they have to be. They are very attentive to their surroundings; enjoy riding their hog on a sunny weekend, around town for pleasure or commuting to work on them to save gas money. Thousands of Texans appreciate the cost-effectiveness of using a motorcycle as their means of economical transportation. These are cyclists who consider their safety, their passengers’ safety, and the safety of those around them as they sensibly ride their motorcycles every day.

However, simply stating that a motorcyclist who is involved in any type of accident was known to be a safe driver is not enough evidence to convince a judge or jury that that is in fact the case. Relevant evidence from the scene of the wreck must be obtained and properly preserved so that it is admissible in court. Forensic records must also be secured. Through the use of this evidence, in addition to eyewitness testimony (and third-party expert testimony when necessary) our attorneys can help you successfully bear the burden of proof in showing how a negligent driver was the cause of your accident, not you. Without such proof, your words will mean nothing in proving liability or rightful damage compensation. Clear evidence is necessary in order to refute any biases that may be working against a motorcycle accident victim, and the insurance company’s adjusters and lawyers when they try to hide behind this lie.

And as ironic as it seems, the aggressive behavior exhibited above is accompanied by an insurance company that also offers that same injured victim finds one offering an injured victim or bereaved family quick and woefully light damage compensation. More often than not, this amount of money is accompanied by papers that a victim must sign in order to receive this paltry sum.

However, this tactic is a shrewdly calculated move based on cost-efficiency. It’s like they’re quietly admitting guilt, but not enough to pay rightful damages. The settlement is almost always a lowball offer that may appeal to a victim who’s not thinking clearly, or is in need of quick cash. However, the acceptance of such an unmediated settlement means that a victim also signs away their rights to bring a lawsuit against those responsible for their injuries: permanently! So if an insurance company can sneak into a motorcycle accident victim’s life before that person has had an opportunity to discuss their legal options with an experienced motorcycle accident attorney, that company stands a greater likelihood of settling the matter for as little money as possible. If they cannot get the claim dismissed completely, this is often their next best bet.

OK: Now Ask Yourself, Do You Need a Texas Motorcycle Accident Attorney?
You’re the one who needs to answer the question now that you have the facts. But here’s some free advice that any experienced attorney will give you.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. The insurance company wants you to accept a “low ball” settlement in order to save their own money. Don’t let them take advantage of you. In fact, it’s never a good idea to discuss your intentions, or anything else about your injury or case, with anyone other than immediate family: unless you have a lawyer to protect your interests. And when you get one who has experience, do what he tells you to do.

There is a long list of reasons why you should consider contacting motorcycle accident lawyer if you have suffered an injury due to a motorcycle wreck, or if you have lost a loved one due to a fatal motorcycle accident in Texas:

We understand vehicle accident law in Texas, inside-and out. With two decades of relevant experience investigating motorcycle crashes, 18-wheeler wrecks and auto accidents, we know what, and more importantly, who, to look for in connection with Texas vehicle accidents of all types.
We can help you get paid for all your medical costs. Even relatively minor motorcycle wrecks can result in serious to severe injury. And your injuries, even if they start-out as comparatively trivial, can require extensive medical attention with resultant high medical costs.
If you are having difficulty finding proper medical attention, we can likely help you find the right healthcare provider to treat your injuries; often at no initial charge to you.
We are a proven wrongful death law firm in Texas. In the last 20-plus years, we have carefully navigated many families through difficult times and help them get the justice they deserve against those liable defendants who are responsible for stealing their loved ones.
We have ample experience in drunk driving accident cases in Texas. Our attorneys understand dram shop laws and are willing to put in the investigative hours in order to hold negligent bars and restaurants accountable for their actions that cause not only motorcycle wrecks, but all vehicle accidents. We hate drunk drivers.
We understand the technical details involved in motorcycle accidents, including those caused by defective parts. When necessary, we seek the help of experts who can provide invaluable expert testimony in certain cases. And we have deep experience in successfully litigating defective product lawsuits
We understand that an undercurrent of bias against motorcyclists may exist in some circumstances. We work hard to show a judge or jury, through relevant evidence, the truth of your motorcycle accident case overcomes those preconceived negative notions and that those responsible for your terrible wreck are held properly accountable.
We have a hard-won reputation against aggressive insurance adjusters and defense attorneys. In fact, we have faced nearly every major insurer in the country. They know us and they respect us. And when they discover we are their opposition, the chances of them settling fairly with our clients significantly rise.
We can help prevent you from being taken advantage of by an insurance company. When you retain our motorcycle accident law firm, we become your full legal partner that solely deals with insurance adjusters, their bosses and the lawyers who represent them. Since they know they can’t take advantage of our knowledgeable attorneys, we’re able to turn them back in the fight for your rights. With ample knowledge, proven experience, and a well-earned reputation, our Texas motorcycle accident attorneys are ready to help you through this challenging and questionable time in your lives. To learn more about your legal options, contact us today for a free consultation.

Don’t be made a victim twice after your motorcycle accident that is caused by someone else’s negligence. You deserve better than that.

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

Millions of visitors visit Texas every year to attend events such as the State Fair of Texas, sporting events in the area, national conferences, the Alamo and other attractions around the state. All these visitors to the area make the roads and highways that much more congested.

Millions of motorists are on the road daily. According to the Texas Department of Transportation, 400,000 motorcyclists traverse the roads and highways of Texas every week. More motorists on the road also mean more accidents on the road will likely occur as well. Motorcycle accidents happen for many reasons. Things that contribute to motorcycle accidents in include things like driver distraction, drowsy driving or even drunk driving. If you or a loved one were a victim to a motorcycle accident, are you aware of your rights? Furthermore, what if you lost a loved one to a motorcycle accident? Are you aware of your legal options? Our motorcycle accident lawyers have provided you with relevant information on Texas motorcycle wrecks in the following article. Our firm has 20 years of experience litigating Texas personal injury and wrongful death cases in cities in Texas. Our attorneys have helped hundreds of families and victims of motorcycle wrecks get the financial compensation they deserved for their injury or loss associated with a motorcycle accident. Let our motorcycle accident attorneys help you like we have helped other families in their need in the most challenging and difficult times of their life.

Motorcycle Accidents vs. Car Wrecks
Did you know that there are many differences between motorcycle accidents and car wrecks? One of the major differences that distinguish these two types of accidents is the level of personal injury experienced in each one. Typically, motorcycle accidents usually results in more severe injuries than do regular car wrecks. In addition, motorcycle accidents also result in a greater chance of death for the rider and passenger. According to the Texas Department of Transportation, two-thirds of motorcycle accidents resulted in either severe personal injury to the rider or even caused death. In 2018, statistics showed that there were 418 fatal motorcycle accidents which caused 16 percent of all traffic fatalities in Texas. The Texas Department of Transportation also reported in that same year that 6,913 motorcycle riders or passengers experienced severe injury as well. These are high numbers. The main reason why motorcycle riders are more at risk for accidents is due to the fact that motorcycle type vehicles do not offer the same type of protection that regular passenger vehicles provide. Motorcycle bikes lack the outer shield that regular passenger cars have. Passenger vehicles have an outer frame that protects the driver from outside elements when an accident occurs. In a motorcycle bike, the bike does not have an outer frame to protect the rider and passenger in the event of a collision or accident. So when a motorcycle rider and passenger are on the bike and a collision occurs, the rider and passenger are often ejected from the bike and thrown on to the ground with brute force. It does not even matter what type of motorcycle you drive, they all can cause severe injury. Even the best built motorcycle brands come with a lot of risks. Brands such as a Ducati, Honda, Kawasaki, Suzuki, Yamaha, Harley-Davidson, Buell, Triumph, and other motorcycle manufacturers are not able to protect its riders or passengers in the smallest of wrecks because none of them come with an outer frame that can shield their riders from wrecks.

Because of the differences between motorcycles and regular passenger vehicles, accidents involving these types of vehicles must be handled differently as well. However, many people fail to understand why both these types of vehicles must be handled differently in the legal realm. In regular passenger vehicle accident claims, an attorney is often not needed to help settle differences. However, that is not the case with motorcycle accident claims. In a motorcycle accident claim, guidance is often required from a capable and experienced Texas motorcycle accident law firm such as the motorcycle accident attorneys of our Law Offices. Motorcycle accidents often result in severe injury to the rider and passenger or can even cause death. Due to these factors and the fact that a lot of money is at stake in awarding victims compensation for their losses, an insurance company will fight hard and aggressively to defend themselves and try to deny claims or lessen its value so they do not lose a lot of money to accident victims. Without the assistance of a motorcycle accident lawyer to help you and your family get the financial compensation you deserve for your losses associated with a motorcycle accident, you might end up taking a low ball offer from the insurance company which is not fair. The insurance company is only looking after their own interests and couldn’t care less about the victims pain, suffering and monetary loss associated with the accident. That is why it is critical for you to seek assistance from an experienced law firm if you’ve experienced severe injury or loss as a result of a motorcycle accident.

Texas Motorcycle Injury Accidents
When it comes to motorcycle accidents in Texas, injuries can range from minor to severe. Minor injuries a victim might suffer include bruises or scratches. Injuries may also be life threatening. Life threatening injuries include traumatic brain injuries or spinal cord injuries. One might also experience road rash injuries. Road rash injuries may be minor; however, if not treated on time, the road rash can turn into a severe infection, which can result in high medical costs. It is important that a motorcycle accident victim seek immediate medical care if he or she has suffered a road rash injury. The reason why it is critical that a motorcycle accident victim seek immediate medical attention for their road rash injury is so that their case cannot be harmed from failure to mitigate damages. This means that the accident victim cannot seek damages from the negligent party for their road rash injury if they never treated the road rash injury on time. The defendant in the case is not required or obligated to owe the victim any compensation for their failure to treat their road rash injury if it turned into an infection because the accident victim did not seek proper medical care.

Broken bones and bone fractures are some of the more serious motorcycle accident injuries. The reason why a person can experience serious injury from motorcycle wrecks is due to the fact that motorcycles lack an outer shield to protect its passengers. When an accident does occur, the motorcycle rider and passenger are often ejected from the bike and thrown to the ground with harsh force. The brute force in which the motorcycle passengers are thrown to the ground often results in broken bones, bone fractures, broken limbs, broken arms, and broken legs. All these types of injuries end up costing the victim an enormous amount in terms of medical bills. In addition, a motorcycle accident victim can lose their mobility if they suffer a broken bone and are unable to return to work. Their immobility may make them unable to return to work and end up costing them in terms of lost wages and high medical bills. However, by working with a motorcycle accident attorney, an injured motorist is able to pursue the maximum amount of financial compensation so that they can recover from their lost wages and high medical costs.

Some more severe injuries motorcycle accident victims may encounter are injuries such as disfigurement, spinal cord injury, and traumatic brain injury. These types of injuries are so severe that they can be life altering for the victim and end up causing life-long medical conditions which require constant medical care for the rest of someone’s life. Also, motorcycle accident victims might also suffer from burn injuries. A burn injury can cause a lot of pain and suffering for the victim and can also lead to disfigurement. A burn injury victim may experience scars on the face, hands, legs, arms, neck or back. These scars often leave bad memories and lasting reminders of the horrible motorcycle accident that took place. A person’s quality of life is also diminished when they lose a limb by having a leg or arm amputated as a result of the motorcycle wreck. In summary, motorcycle accidents can result in severe personal injury or death. The injuries can be life altering and have negative effects on a person’s quality of life. They can lead to emotional stress and trauma for the victim and their family members. In order to overcome this type of tragedy, one should seek a personal injury lawsuit in Texas. By seeking a personal injury lawsuit from a motorcycle accident lawyer, one is able to seek justice by pursuing financial compensation for one’s injury or loss.

The Texas motorcycle helmet law was put in place to protect motorcycle riders and passengers. The law states that those under 21 years of age must wear a safety helmet when operating a bike. However, those 21 years and older have the option of wearing a helmet in two conditions. The first condition is that a motorcycle driver must take a Texas motorcycle rider training course. Second, a motorcycle rider has to have $10,000 or more in health insurance to cover them in the event that they suffer injury. Debates on whether or not a helmet should be required for motorcycle riders have gone on for many years and are still argued to this day. However, no one can refute the fact that a safety helmet can prevent serious injuries from occurring. Safety helmets can prevent serious injuries like brain injures or spinal cord injuries from happening to motorcycle riders and passengers. Brain injuries and spinal cord injuries may also result in paralysis for the victim that can cause life altering medical conditions as well. These life altering conditions often require around the clock care for the rest of someone else’s life. Not only are these injuries life altering, but they often result in high medical costs. A motorcycle accident lawyer is needed in order to seek the maximum amount of financial compensation available for a motorcycle accident victim. This way, the accident victim has some means of paying for the high medical costs associated with a motorcycle accident.

In conclusion, a motorcycle accident victim may experience all types of injuries associated with a motorcycle accident. The time it takes to recover from an injury may be a day, a week, a month, for many years, or can even last a lifetime. Due to this uncertainty, one can expect medical bills that can cost anywhere from the thousands of dollars to the millions of dollars. Because of this fact, insurance companies will fight aggressively in order to deny the accident victim their claim or even lessen the claims value. They do this so they do not have to pay out an enormous amount of money and therefore can save their company money. If you do not have the right kind of attorney to help you win your claim, then your case is in jeopardy because you might end up settling with an insurance company for a very low amount that is not fair to you or your loved one. Seeking legal help from an experienced law firm, such as the motorcycle accident attorneys of our Law Offices, will help your case get the attention and value it deserves.

Fatal Motorcycle Accidents in Texas
A motorcycle accident happens every day in the state of Texas, according to the Texas Department of Transportation. In other words, one family a day can experience loss or injury to a loved one because of a motorcycle accident. If a motorcycle tragedy happened to you or your loved one, contact the Texas wrongful death attorneys of our law firm. Our attorneys will be able to help you discover what really caused your loved one’s motorcycle wreck and he will also be able to identify all the negligent parties involved. Once all the negligent parties are identified in an accident, then the bereaved family has the right to pursue a wrongful death lawsuit against these negligent parties. They can pursue either a wrongful death damages case or a survival damages case.

Only the closest living relative to the accident victim can pursue survival damages. However, more than one family member can pursue wrongful death damages due to the financial hardships each family member experiences as a result of their loss. Nevertheless, wrongful death damages are not pursued for the sake of winning a lot of money. The main reason why bereaved family members seek wrongful death damages in a motorcycle accident case is so that they can see justice served. Also, they would like to see the negligent parties be held accountable for their reckless behaviors which contributed to the accident. The ability to hold all negligent parties accountable for their actions or inactions which led to the accident is the most important aspect of a wrongful death damages case for any family member. Yes, seeking financial compensation is an important and critical part of the process, but is considered secondary in most cases. Prior to filing a lawsuit, a bereaved family member should contact a fatal motorcycle accident attorney. They need to do this so that the legal team they have hired can conduct an investigation into the cause of the accident and discover who all contributed to the motorcycle accident. After the negligent parties are identified, the bereaved family members can proceed with a lawsuit against each liable party. The motorcycle accident attorneys of our Law Offices have two decades of experience investigating motorcycle accidents. Not only that, but the motorcycle accident attorneys of our law firm are experienced in conducting extensive investigations of all auto accident types. Our attorneys are able to discover all liable parties in a motorcycle fatal accident that caused you to lose your loved one and left you with a lot of pain and suffering.

Drunk Driving Motorcycle Accidents in TX
Motorcycle accident cases are similar to regular car accident cases when it comes to drunk driving. In both situations, lawsuits can be filed against a negligent bar or restaurant who over served their patron alcohol and that patron ended up causing a wreck. Texas dram shop law states that a bar or restaurant can be held liable in a Texas motorcycle accident case if it is proven that the bar or alcohol serving establishment contributed to an accident by over serving their patron alcohol which exceeded an individual’s blood alcohol level to .08% or greater, which is considered past the legal limit in Texas. A bar or restaurant can be held partially liable in this case. There are two types of dram shop cause of action cases that one can pursue. The first one is a first party dram shop cause of action case. In this situation, the driver of the motorcycle can seek damages against a bar or restaurant for over serving him or her and the rider ends up causing a wreck in which they are injured. In a third party dram shop cause of action case, damages can be sought against the drunk driver themselves who caused the wreck and the bar or restaurant responsible for over serving the patron alcohol. Both first party and third party dram shop cause of action cases allow the plaintiff to pursue damages against the negligent bar or restaurant responsible for over serving their patron alcohol which led them to cause a motorcycle accident. Both these issues of liability can be used in wrongful death cases as well. It is often very difficult to prove that a bar or restaurant violated the law by over serving their patrons alcohol which caused the patron to cause a wreck. In order to prove this, one must have proper legal representation. The motorcycle accident lawyers of our law firm have 20 years of experience litigating cases involving drunk driving in cities all over Texas. Our attorneys are very familiar with Texas dram shop law. Let us help you like we have helped hundreds of other families get the financial compensation they deserved for their injury or loss as a result of a motorcycle accident. Our attorneys can identify who all contributed to your loved one’s death and if a bar or restaurant are liable as well for their gross negligence in not following the law.

Motorcycle Defects
Product defects or mechanical failures due to poor maintenance are another cause of motorcycle accidents. In passenger cars, if there is a major flaw, the manufacturer will often issue some type of recall in order to address the defect. However, when it comes to motorcycle defects, if something goes wrong, it can cause severe personal consequences such as injury or death. In normal situations, motorcycles that work well also require a lot of attention and work from the rider to remain upright when operating the bike. However, if a mechanical failure occurs, the rider can quickly lose control of the bike and have a hard time landing safely on the side of the road in such conditions.

Motorcycle Product Liability
Some motorcycles are just made poorly due to design flaws, poor design, and engineering. There are many more motorcycles that are negligently manufactured that they fail under real world stresses and loads. Examples of poorly constructed motorcycles include things like brakes that fail, a chain that breaks, an engine bearing that fails, or even a brake-proportioning valve that is improperly biased. All these mechanical flaws can lead to severe personal injury for the rider and passenger. If a mechanical failure does occur on a motorcycle and that defect leads to one’s death or injury, then the motorcycle victim has the right to proceed with a lawsuit against the manufacturer of the bike in the form of a product liability claim, according to Texas law. Multiple parties can also be held liable. For example, if there is more than one manufacturer or company that put the bike together, and one of the parts of the bike fails as a result of a design error, and the bike ends up causing an accident, then the manufacturer of the motorcycle along with the company which constructed the bike part, can both be held liable. Both parties can be held negligent depending on their level of negligence.

Product liability claims are not easy to handle and can be a complex legal matter one has to deal with. You cannot simply speculate and state that there was something wrong with your motorcycle. You have to be able to show and document proof that your motorcycle was defective by being able to gather clear and strong evidence. You can’t just state that something was broke. As a plaintiff, you have the burden of proof to prove that the manufacturer’s defect is what caused your motorcycle accident. In order to be able to prove this, you need to have a qualified engineer inspect the bike with an in-depth investigation. The engineer must be able to determine the cause of the defect and then compose a report on his findings. Most importantly, after the engineer composes his report, the motorcycle and its parts must be stored securely and safely so that it can be used in trial as evidence.

Preserving evidence is critical in order to have a successful case. Product liability claims that fail often do so because the plaintiff did not secure the evidence needed to justify their claim. A person who proceeds with a product liability claim without proper legal assistance might put their case in jeopardy because they do not have the experience or background to understand the procedures involving manufacturer defects and how to preserve evidence. Even experienced law firms have trouble litigating the hardest of product liability cases. The staff at our law firm recommends that you do not handle product liability cases alone because of all the complications involved. Rather, we feel that it is necessary for you to seek legal help in product liability claims by contacting a motorcycle accident attorney such as the attorneys of our firm.

Motorcycle Maintenance Issues and Misrepresentations of Condition

Sometimes, mechanics perform poor work on motorcycles. Bad maintenance performed on a bike by a mechanic is another reason why motorcycle accidents happen. In a regular passenger vehicle scenario, if something is wrong with the car, the car can be towed to a workshop where a mechanic can perform maintenance work on the vehicle. However, if a motorcycle bike has a defect or has poor work done it by a mechanic, the defect or bad work can cause the motorcycle to be involved in an accident where severe personal injury or even death occurs. Sadly, not all motorcycle workshops hire the competent workers and mechanics needed in order to repair bikes. A less than qualified worker might oversee a problem on the bike, which can later cause mechanical failures to occur. If the motorcycle ends up causing an accident, then the mechanic and the repair shop can both be held liable for their negligence.

Some shops are also deceiving. We have seen cases where a private seller or dealership will sell a motorcycle bike that is already in poor mechanical condition but the business will still sell it. Some private sellers or dealerships will hide the defects and flaws on certain bikes by covering it up and selling it as if it was brand new. One example of this is when our law firm got a call from an individual who purchased a sports bike. Once he drove home with the sports bike, he noticed that the sports bike was not behaving properly. He then took the bike to a repair workshop for further inspection. After the engineer at the workshop inspected the bike, he soon discovered that the sports bike was in bad mechanical condition. Defects he found included things like beneath the new fairings the triple tree was cracked (this is a very dangerous condition), the radiator was not properly attached, and the frame was damaged and masked with body filler and spray paint. In conclusion, what was found was that the seller or dealership sold the bike as if it was in good condition when in actuality, all the defects were covered up. This practice is a violation of the Deceptive Trade Practices Act. Bad practices like this can easily claim the life of the purchaser. If an injury or death occurred as a result of this kind of deceptive practice, then the dealership would be held liable for their gross negligence. Furthermore, punitive damages can also be sought against the dealership for their deceptive practices.

Adjuster and Jury Bias in Texas Motorcycle Accident Cases
Motorcycle riders often face discrimination when it comes to being involved in a motorcycle accident. The general public often views motorcycle riders in a negative light. The public perception of motorcycle riders is that they are a wild bunch who are reckless in their ways. Insurance adjusters and defense attorneys love to use the stereotypes against motorcycle riders in court when dealing with a motorcycle accident case. Insurance adjusters and defense attorneys will try to influence the jury that the motorcycle rider is at 100% at fault for his or her own accident by claiming that the motorcycle rider’s wild behavior is what led to the accident. They will use the negative perception of motorcycle riders to sway the jury on the defense side even if the stereotypes are false. After all, if the insurance adjuster or defense attorney is able to show that the motorcycle rider is in fact wild and at fault for his or her own accident, then the insurance adjuster is able to win their case and save a lot of money at the end.

Sadly, even if the motorcycle rider sustained severe injury as a result of a motorcycle accident, an insurance adjuster will still work and do whatever they can to deny the motorcycle accident claim despite the obvious financial needs of the accident victim. This is another reason why it is critical that anyone involved in a motorcycle accident should contact a motorcycle accident lawyer in Texas before trying to handle the case on their own. If they attempt to handle a motorcycle accident case without any assistance from a legal firm, then they stand to lose much in compensation for medical bills, lost wages and pain and suffering. This is something you can’t afford to lose. With the legal assistance available at the motorcycle accident lawyers of our law firm, your future is in the right hands. Our motorcycle accident attorneys will work hard on your behalf to dismiss any biases or stereotypes an insurance adjuster or defense attorney will use against a motorcycle rider in court.

At our Law Offices, our attorneys and staff do not discriminate against anybody. When we speak with a client, we do not hold any stereotypes against them. We know that there are safe motorcycle riders. We also understand that motorcycle riders are just like any other drivers. They love to ride the roads and highways on their bikes and enjoy the beautiful, outdoor weather quite often. We know that many motorcycle riders love to drive in Texas cities. Several motorcycle riders take yearly trips to Austin for the ROT rally. There are also thousands of Texans who would rather use motorcycles as their main means of transportation in order to save money. In fact, many motorcycle riders are just like any other driver. They consider the safety of other drivers on the road, the passengers, and themselves when operating a bike. Despite all these positive factors about motorcycle riders, words are not enough to convince a jury that the motorcycle rider is not at fault for his or her own accident. You can’t just simply state that motorcycle riders are safe drivers. You have to prove it in court with clear evidence from the accident scene. You have to obtain the right kind of evidence properly so that it can be used in court. At Law Offices, our attorneys have 20 years of experience handling motorcycle accident cases. Our attorneys are experienced in conducting in-depth investigations into auto accident cases. Due to our background and experience, the motorcycle accident attorneys of our Law Offices are able to get the clear evidence needed in auto accident cases. We know how to obtain accident scene evidence, eyewitness testimony and even expert testimony that can help prove your case. Due to our expertise in gathering evidence, our attorneys our able to bear the burden of proof that the law requires when it comes to litigating a motorcycle accident case. In addition, after gathering the evidence that is needed, our attorneys are able to prove and demonstrate how the negligent party contributed to the motorcycle accident. Remember, that if you do not show any clear form of evidence in your motorcycle accident case, then your case is in trouble because words alone are not enough to prove your case. Without any solid evidence, you might not receive the financial compensation you are owed. Most importantly, when you have evidence to back up your auto accident case, then you will be able to destroy any myths, stereotypes or prejudices used against you in court.

Aggressive Insurance Adjusters
Insurance adjusters are so scared of losing so much money that they will use whatever tactics they can in order to deny claims. They do not want to lose a large sum of money to accident victims. Insurance adjusters couldn’t care less about the pain, suffering and loss that a motorcycle accident victim has gone through. They are only worried about protecting their own company by making sure they do not lose a large sum of money to anybody. In some instances, insurance adjusters are awarded for their efforts and ability to deny claims or lessen the claim’s value. Insurance adjusters receive bonuses and raises for denying claims and saving their company money in the process. Because of the incentives involved for the insurance agent, they often only work for the good of their own company and are not concerned with the pain and losses the accident victim or their bereaved family is suffering. That is why insurance adjusters behave the way they do and will use different tricks and strategies to get their own way.

One of the tactics that insurance adjusters use in motorcycle accident cases is to blame the victim for his or her own accident. They will put 100 percent of the blame on everyone except their own client. If the insurance agent is able to prove that the accident was caused by the accident victim, then the claim can be dismissed. Furthermore, if more than one party is at fault for the accident, then the insurance company does not have to pay as much money to the accident victim. Because of all these situations, the insurance adjuster will do everything they can to blame the accident victim. Insurance adjusters will act very aggressively by badgering the accident victim with a multitude of questions in order to skew his or her memory of the accident. They will badger the victim and then use their recorded statement in court in order deem the victim not credible. Plus, if the defense attorney in the case arrived at the accident scene before the plaintiff got a hold of an attorney themselves, then the insurance adjuster is already at an advantage. If the defense attorney conducted their own accident scene investigation before the plaintiff has, then the insurance adjuster will use the evidence from the defense attorney in court to have an open and shut case against the motorcycle accident victim. Without any evidence on your side, you have very little chance of being able to refute the claims made against you by the defense attorney and insurance adjuster. This is another why you need to contact our Law Offices as soon as possible after your accident. The longer you wait to contact an attorney, the greater chance that the evidence at the accident scene can be destroyed, tampered with or disappear. When you contact the motorcycle accident lawyers of our firm, our attorneys will get to the motorcycle accident scene as soon as possible in order to conduct our own investigation and find critical evidence to support your case.

Another way insurance adjusters try to win their case is by offering a quick cash settlement offer to accident victims. More often than not, insurance adjusters will try to settle with motorcycle accident victims and their bereaved family by offering them a quick cash offer for their injury or loss. They do this so that they can save a lot of money. But often times, the cash or settlement offer is a low ball offer and not a fair amount. Furthermore, when a victim or bereaved family member of an auto accident settles from an insurance company, they also often waive their rights to sue or seek further monetary compensation and damages by signing documents. If the insurance adjuster is able to get a hold of the victim or his or her bereaved family member first, then the insurance adjuster has already won. If the insurance adjuster gets a hold of the victims before they had a chance to contact an attorney, the insurance adjuster is able to influence the minds of the victims into settling for the least amount. The insurance adjuster has a good chance of saving their company a lot of money by offering quick settlement offers. Their first goal is to get the case completely dismissed. If they are unsuccessful with that, then their next step is to settle for the least amount available.

Why Do I Need a Texas Motorcycle Accident Attorney?
There are many reasons why you should work with a Texas motorcycle accident attorney. When you work with a motorcycle accident lawyer, you will receive many benefits that will help your case. If you or a loved one suffered severe injury or even experienced death because of a motorcycle accident, then you need to contact the motorcycle accident attorneys of our firm for the following reasons:

At our firm, we understand vehicle accident laws in Texas. We know what to look for in all auto accident cases. Our attorneys bring two decades of experience litigating all types of motor vehicle accident cases in cities in Texas. Our attorneys have experience litigating cases involving 18-wheeler wrecks, motorcycle wrecks, and regular passenger vehicle accidents. We know what types of evidence are needed, and can identify who all the negligent parties are as well.
At our firm, we understand the financial strain you are going through and can help you get the financial compensation you need for the high medical costs and lost wages you will experience as a result of the accident. We know that even minor motorcycle accidents can cause severe personal injury that can cost a lot of money.
When it comes to our firm, everyone is aware of our law firm because we are a proven wrongful death law firm in Texas. Our law firm has helped hundreds of families get the financial compensation they deserved for their injury or loss for the past 20 years. We know how to find all negligent parties involved in an auto accident case and bring them to justice.
At our firm, we understand Texas dram shop law. Our attorneys know how to handle drunk driving auto accident cases in Texas. Our attorneys often put in the extra time and effort needed in order to prove that a bar or alcohol serving establishment contributed to an auto accident by over serving their patron alcohol.
At our firm, we know from experience that a mechanical failure or defective part on a bike often can contribute to a motorcycle accident. We are able to obtain expert testimony from engineers or technicians who can provide the reports needed to prove that a bike was defective from the beginning.
At our firm, we look at the whole case from top to bottom. We know that there often stereotypes associated with certain groups of people like motorcycle riders. Our attorneys will work hard to prove that these myths are false and prove it to the jury by presenting clear evidence of what really caused the motorcycle accident.
At our firm, our attorneys and staff are not afraid of anyone. We have taken on every major insurance company in the nation. We are known for our success and that is why insurance companies respect our name. We are also able to settle with insurance companies for a fair amount due to our past successes.
Lastly, at our firm, we take good care of our clients. We make sure that nobody takes advantage of our clients. Not even insurance agents. Once you hire us to represent you, the only people that will be in contact with the insurance company are the attorneys and staff at our firm. By this method, the insurance company does not stand a chance of attacking our clients with a plethora of questions and can’t scare them of either with quick cash settlements. As a result of our work, we are able to fight against the insurance companies on your behalf and get you and your family the financial compensation you deserve for your injury or loss.

Remember that if you or a loved one were involved in a motorcycle accident, then help is available. The motorcycle accident attorneys of our firm bring you 20 years of experience litigating all types of auto accident cases in Texas cities. We are known for our ample knowledge, proven expertise, years of experience and well-earned reputation. The Texas motorcycle accident attorneys of our firm can get you the help you need in order to move forward with your life. If you or a loved one were a victim to a motorcycle accident, then contact our office today for a free consultation. Our team is standing by waiting to assist you and answer any questions you may have. We know that there are many law firms out there that you can seek. However, our 20 years of experience in motorcycle accident cases is what sets us apart. We have helped hundreds of families in Texas who were victim to a motorcycle accident by getting them the much needed compensation they deserved. Let us help you like we have helped those hundreds of other families get the assistance that they needed in order to recover and move on with their life. Our staff is standing by 24 hours a day 7 days a week to answer any questions you may have. Contact us now for a free consultation.

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