Lack Proper Motorcycle Maintenance and Deceptive Representation of Condition
When an accident results from a professional mechanic failing to provide proper service to the vehicle, then the victim or the victim’s family can file a personal injury or wrongful death lawsuit against the mechanic. When it comes to the art of motorcycle maintenance, many mechanics are unsupervised and self-trained.
Even more so, some disreputable people will attempt to sell used or damaged motorbikes, that are hazardous as sold. For instance, we were recently consulted by a man who had been sold a motorcycle only to discover that it was not handling as it was intended. Wanting to rectify the situation before it worsened, the man took his bike directly to his mechanic who quickly discovered that the radiator was defective, the triple tree was cracked, and a damaged frame had been hidden with spray paint and tape. By tricking this man into buying a previously wrecked motorcycle, the dealership violated the Deceptive Trade Practices Act. However, the dealer would have been in much worse shape if he had gotten into a wreck, for it would have been on the hook for punitive damages.
Overcoming Bias in Motorcycle Accidents
Sadly, if you were injured due to someone else’s negligence while you were riding a motorbike, you will have to overcome the prejudice of the jury. Due to biker gangs and they way they’re portrayed in the media, many Texans mistakenly believe that bikers are careless motorists who are inclined to recklessness, speeding, and dangerous behavior. Since insurance adjusters and defense lawyers prey upon these prejudices, deflecting as much of the blame as possible on the biker, him or herself. By getting the jury to believe that the biker was more than 50 percent responsible for the accident, the defendants can avoid all liability in this state.
Sadly for anyone injured in a motorcycle wreck where injuries tend to be severe, the insurance companies’ efforts to resist paying a claim tend to scale upward with the amount of damage suffered by the victim. When the prejudice against bikers is factored in, it can very difficult to get you deserve from an insurance company without the help of a skilled motorcycle accident lawyer. You will be taking on skilled and experienced insurance adjusters and defense attorneys, and you need someone with the same experience to protect your rights. After handling motorcycle accident cases for two decades, our attorneys know how to persuade juries to focus on the facts of the case and ignore their prejudices.
As another facet of society that often suffers from negative preconceptions, the lawyers at our firm sympathize with the modern motorcyclist. We know that most bikers are just normal citizens who enjoy the freedom on the back of a hog – not some lawless thug. Due to the dangers of riding motorcycles, we know that bikers have to be concerned with safety… or they die. On the other hand, we’re also aware you can’t win a case without a significant amount of evidence. To find that evidence, you must have a thorough investigation conducted by a skilled professional. Not only do you need an attorney to find the evidence but then use it to develop a full-proof case that forces a fair settlement or a sizable verdict. If you don’t have a clever and capable motorcycle accident attorney who knows how to find and use compelling evidence, your family will not attain the restitution it deserves. You will be lucky if you end up with anything at all.
Taking on Aggressive Insurance Adjusters
Like we’ve said, insurance adjusters are solely interested in increasing company profits and not in helping you receive compensation for the harm that has been done to you. To secure bonuses and get ahead, they must deny claims or discover new and different ways to reduce their value. These people have made names for themselves by bilking people just like you out of the compensation you deserve. They will rely on the prejudice of the jury and try to convince them that the biker caused the wreck. In order to get you to mistakenly admit your own liability, they will hound you with a series of befuddling questions for the purpose of getting you to slip up and admit your own liability or make your injuries seem far less severe than they are. Failing that, then the insurance adjuster will point the finger at a third party – anyone besides their policyholder. The insurance company isn’t foolish enough to try to fight your claim without an expert – it will employ a team of skilled attorneys who know how to conduct a fruitful investigation to yield evidence that incriminates someone else besides their client.
Of course, nothing is more threatening to your ability to be compensated than an insurance adjuster who looks like your friend. When they’re acting like they’re’ trying to help you receive compensation, then you really have to beware. You need to be very wary of any settlement offer they have made to you before you have hired a motorcycle accident attorney. If they think you have a strong case, then they try to trick you into surrendering your right to sue in exchange for a settlement offer that is far less than you deserve. You need to consult with an attorney before you sign away your right to sue. In order to differentiate between a fair offer and a con job, you need the help of someone who has accumulated years of experience handling similar cases. You need to hire a seasoned and knowledgeable motorcycle accident lawyer, or you will likely be taken advantage of by the insurance company.
How Our Law Offices Can Help You
There’s a wide variety of services our motorcycle accident attorneys can offer you, if you have been injured or a family member has been killed in a motorcycle accident, including:
We’ve developed a thorough understanding of motorcycles and motorcycle law after 20 years handling these cases.
We can connect you with a medical professional who will set up a manageable payment plan if you fear that you can’t afford to see pay your medical bills or seek treatment.
We have a long track record of success. We know how to prove the negligence of the party who caused your accident.
We don’t only deal with motorcycle wreck; we also litigate drunken driving cases, so we won’t back down from the demands of building a dram shop case against the drinking establishment.
We not only personally understand the highly technical aspects of motorcycle wrecks, but we have relationships with a wide variety of experts who can translate the mechanical jargon into something the jury can understand and accept.
We will get the jury to concentrate on the evidence and the details of your case and forget the prejudices they have.
With a long track record of success winning motorcycle accident cases, we have earned reputation as a law firm to be respected. Thus, defendants and insurance companies are often more than willing to work out a favorable settlement rather than risk going to court.
Did You Know?
Our attorneys have won hundreds of motorcycle accident cases. Call us today to discuss your case.
We know the insurance company’s tricks, and we can shield your rights and interests. We will act as a buffer between you and the insurance company, protecting you from their unfair settlement offers and obtrusive questions. We won’t allow our clients to hurt their claims by mistakenly saying something they regret.
After 20 years of dealing with all kind of motor vehicle accidents, our motorcycle accident lawyers have accumulated the knowledge, seasoning, and history success to successfully lead you through the compensation process. If you’ve been injured in a motorcycle accident, call us now for a free consultation. We can give you the opportunity to discuss the details of your accident with a trained professional. Once we’ve listened to your story, we can answer any questions you may have and review your legal options. You can’t afford not to call us now.
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Texas ATV Accident Attorney Discusses ATV Accidents
Most people think of ATVs (All Terrain Vehicles) as being harmless machines meant for fun. However, the reality is that some ATVs are capable of speeds close to passenger cars. Unlike passenger cars, ATVs do not offer the kind of protection that passenger cars do, in the event of a crash.
As a result, accidents involving ATVs can result in severe injuries and even death. Some ATVs are even built with features that actually make an accident extremely likely. According to the Consumer Products Safety Commission, there are about 700 deaths and 135,000 accidents each year involving ATVs.
Many ATVs do not possess the safety features that you would expect in a passenger car. For example, they may lack seat belts to avoid being ejected from the vehicle. As if that wasn’t bad enough, when an ATV is involved in an accident, it often lands on top of the victim, causing catastrophic, life-threatening injury. If you’ve been injured in such an accident, it is important that you contact an experienced Texas ATV accident attorney as soon as possible to help you navigate the complexities of such a case.
ATV Accidents Vs. Car Wrecks
When comparing an ATV and a passenger car, it’s easy to see that there are some major differences. For one, cars are designed and tested with many safety features (not to mention backups to the backup safety features) to help protect the passengers in the event of a car accident. In addition to having a shell of metal protecting the passenger, there are such features as safety belts, air bags, etc, which help protect the passengers in the event of a crash. By comparison, the passengers of an ATV are highly vulnerable. There are often no seat belts, and little or nothing in the way of a ‘shell’ to prevent the passenger from being thrown forcefully from the ATV in the event of a crash. Even the most well-designed ATV provides very little protection to the occupants in the event of a crash.
Since there is such a big difference between an ATV and a passenger car, they must be handled differently when it comes to a legal case. In most passenger vehicle accidents, the damages will be fairly low by comparison. These can usually be handled without the help of an attorney, since the insurance companies are not losing much money. However, when an ATV is involved in an accident, it is likely that the driver and passengers will be seriously hurt. Whenever there is a serious injury, the medical bills and lost wages go up exponentially. With that much money involved, the insurance company becomes very interested in denying your claim. An experienced Texas 4-wheeler accident lawyer like can help protect you from the tactics these insurance adjusters may use (as we’ll discuss in more depth later) and help you navigate the red tape to ensure that you receive the fair compensation you need to recover from your injuries and get back on your feet.
Types of Injuries Encountered in ATV Accidents
When a person is involved in an ATV accident, the injuries they sustain can run the gamut from minor scratches and bruises to life-threatening conditions such as traumatic brain injury and spinal cord injury. At the minor end of the spectrum, a common result of an ATV accident on pavement is “road rash”. Road rash is a relatively minor injury involving scrapes which are inflicted when a person is thrown from the ATV and slides across pavement or concrete. Although road rash is a minor injury and easily treated, it is extremely important to receive proper medical care. Since the scrapes are inflicted by sliding across dirty pavement or concrete, it is much more likely that an infection will develop than with the usual scrapes you may have encountered in the past. If you develop a life-threatening infection due to a failure to seek proper medical attention, you will not be able to seek compensation for any damages that result from the infection. Your claim will be thrown out due to a failure to mitigate damages. It’s your responsibility to make sure that your damages are as small as possible, so always make sure that you receive medical attention in the wake of an accident.
Moving up the scale, more serious injuries which occur are broken bones and/or fractures. Depending upon the speed at which the ATV was moving at the time of the accident, the driver and passengers can be ejected from the vehicle and thrown to the ground at an incredibly high speed. The resulting collision with the ground often results in broken bones, which can be expensive to treat. Beyond the obvious damages (medical bills, prescriptions, etc.) some people may fail to see and seek compensation for the “hidden costs” of a broken limb. For example, a broken limb may interfere with your ability to adequately do your job, and force you to take time off. With the help of a Texas All-Terrain vehicle accident lawyer, you can seek compensation for your lost wages and earning capacity.
Short of death, some of the worst injuries that a person may suffer in an accident with an ATV include such things as disfigurement, spinal cord injury, and traumatic brain injury. These injuries become much more likely in the event that the ATV lands on the victim. The damages from such an injury can be catastrophic, including not just the medical bills and lost wages, but lost earning capacity and quality of life for the rest of their life. For example, a person who has suffered extreme scarring, or an amputation, may suffer from extreme emotional duress. A person who suffered an amputation, spinal cord injury, or traumatic brain injury may require medical attention for a long period of time, possible around-the-clock for the rest of their lives, depending upon the severity of the injury. The bills for such care can quickly add up, which means that any insurance claim is going to be heavily defended. As a result, it’s important to seek the help of a Texas four wheeler accident attorney to help seek the compensation you need to focus on healing and getting your life back on track.
Fatal ATV Accidents in Texas
If you are unfortunate enough to have lost a loved one in an ATV accident, you know that nothing can heal the pain of such a traumatic loss. However, you also know that losing a loved one in a catastrophic accident can be expensive. There are often hospital bills, funeral expenses, and other ‘hidden’ costs, such as lost wages that the individual would have contributed to the household, and pain and suffering. When a person is killed in an ATV accident as the result of the negligent behavior of another person, the surviving family members have the right to file a wrongful death lawsuit in order to seek compensation for their damages.
Usually, a family does not decide to go through the stress of bringing a lawsuit for the financial gain. While it’s true that they may have great need for that money, it’s also true that no amount of money will ever bring back a loved one. However, the compensation sought in a wrongful death lawsuit may be the only way to punish the liable party for their actions. There is a much higher standard of proof in criminal cases, and many times the liable party was not doing anything that was specifically against the law. (Or if they were, the punishment they receive is not comparable to the damage they have caused.) In these cases, the only way to seek justice may be through the civil courts. Particularly when the negligent party was a business, sometimes the best way to ensure that the negligent behavior does not continue in the future is to hit them in the pocketbook.
The Texas ATV accident attorneys at our law firm have two decades of experience handling personal injury cases. We understand the legal complexities that may arise in these cases, and we are ready and willing to go to bat for you. Together, we can make sure that the negligent parties are brought to justice for the pain and suffering they have caused.
Drunk Driving ATV Accidents
ATVs are usually used as a recreational vehicle. As with any other recreational activity, it is not unusual for drinking to go hand in hand with ATV driving. When an accident results from such behavior, it may be more complicated than you think. If another driver was responsible for the accident, of course you can file a personal injury lawsuit against that person. However, due to Texas dram shop law, you may also be able to file suit against the bar or restaurant that was serving them.
According to Texas dram shop law, if an alcohol-serving establishment knowingly over-serves a customer to over the legal limit of blood alcohol content, they are responsible if that customer then goes on to harm themselves or someone else. This means that they can be legally liable for a drunk ATV driver who harms or kills himself, or who causes an accident that results in the harm or death of another person. Although the law is clear on this count, it can be very difficult to prove liability in such a case without an experienced Texas 4-wheeler accident lawyer to gather evidence and present the case in court. Our firm has 20 years of experience handling such cases. Our team has a thorough understanding of dram shop law, and with his help, all liable parties can be held accountable for their part in the accident.
ATV Defects – Yamaha Rhino
Some ATV accidents are caused by defects in the design or manufacture of the ATV itself. When a passenger car malfunctions, it usually does so in a way that is not a danger to the occupants. In general, the car can coast to a stop, with little more than an inconvenience suffered by the driver and passengers. However, an ATV does not have the safety features of a passenger car, and sometimes a poor design or malfunction can have catastrophic consequences for the passengers.
Take the Yama Rhino, for example. This is a very popular model of ATV. This ATV is deliberately designed to be very short and narrow, so that it will easily fit in the back of a pickup truck. This is very convenient for users who may haul the ATV out into the country for a day’s recreation. Unfortunately, this design does not compensation for the relatively high center of gravity, which means that the vehicle is very likely to roll over.
If the vehicle were designed to ride on smooth, even pavement, this would not be as big a deal. However, the Yamaha Rhino is specifically marketed for people who want to travel off-road, over uneven terrain and unpredictable conditions. In these environments, the ATV is extremely likely to roll over, and may even trap the occupants under the vehicle, causing catastrophic injuries.
Furthermore, Yamaha is very aware of this design flaw, and the accidents that have resulted, and they continue to sell these ATVs with virtually no change, trusting to their lawyers to protect them from any potential personal injury or wrongful death lawsuits. They do have one thing right: without an experienced Texas All-Terrain vehicle accident lawyer, it is virtually impossible to win a lawsuit against their extremely experienced defense attorneys.
ATV Product Liability
The Yamaha Rhino is not the only example of poor design or manufacturing flaws in ATVs. Some ATVs may even be negligently manufactured in such a way that vital components break under the stress of their intended use. Such a failure at the wrong time can cause an accident that results in severe injuries. If such a failure or design flaw causes the accident, it is possible to bring a product liability suit against the manufacturer. In some cases, there may even be multiple defendants. For instance, the manufacturer and the seller of the ATV may each be partially liable.
Determining product liability for a defective ATV can quickly become an extremely complex matter. It’s not enough to simply point to a broken part and provide evidence that it broke. You must prove that it broke due to some act of negligence on the part of the manufacturer. It is extremely important to thoroughly examine the defective component, and often it will be necessary to call in a qualified engineer to provide expert testimony on exactly how and why the failure occurred. It’s important to hire a Texas four wheeler accident attorney with the resources to seek such testimony, to give your case the best chance for success.
If that doesn’t sound complicated enough, it’s also important to store the ATV and any accompanying defective parts in such a way that it’s possible to use them for evidence. Most of the time, when a product liability claim fails, it’s because the person who filed the lawsuit did not know how to preserve and catalogue the evidence to support their claim. It’s just not possible for a non-attorney to know enough about procedural issues to avoid damaging their case in such a way. In most cases, product liability lawsuits are beyond the experience of most attorneys. It is vital that you find a competent Texas ATV accident attorney with experience in product liability if you want your case to succeed.
Misrepresentation of ATV Condition
Sometimes, an accident and subsequent injury can be caused by shoddy maintenance, or a misrepresentation made by the dealer as to the condition of the ATV. While this could be due to a simple oversight (which is clearly negligence on the part of the dealer), sometimes the dealer will deliberately try to lie about the condition of the vehicle. For example, they may do shoddy work on the ATV to make it look like it is in excellent condition. If you’re lucky, a qualified mechanic may notice the discrepancy, or else you will break down in a relatively safe place. However, if the ATV holds together long enough, a vital component may fail at just the wrong time, causing an accident. The deception alone violates the Deceptive Trade Practices Act, but if it should cause an accident, the dealer will be responsible for all damages that resulted from the accident.
Aggressive Insurance Adjusters
We mentioned before that when there is an ATV accident, a lot of money can be involved. Insurance companies stand to lose substantial amounts if they don’t dismiss the claim. As a result, these insurance companies want to find any excuse possible to deny your claim. For example, if they can shift the blame on to you they may be able to dismiss your claim entirely. Even if they can shift part of the blame onto you, they can substantially reduce your claim. In many cases, a raise or bonus for the insurance adjuster may be dependent upon finding a way to deny your claim, so it is most certainly in their best interest to try to shift as much of the blame onto you as possible.
An aggressive insurance adjuster may use any of a variety of tricks to try and shift blame away from their client. They may badger the victim while they are still reeling from the accident, trying to get them to contradict themselves on record. If they can get such a contradiction recorded, they can then use this to undermine the credibility of your claim. They will also be doing an extremely thorough investigation into the accident scene in order to find any evidence that may paint a picture of the victim as the cause of the accident. If you don’t do a thorough investigation to defend against this tactic, they may very well succeed.
Sometimes, an insurance adjuster will not seem aggressive. They may play nice, trying to be charming and smooth, as though they are on your side. They may offer the victim a quick compensation, so long as they agree to sign a document promising not to seek further compensation. Usually, this sum is a pittance compared to what the victim is entitled to, but once the documents are signed, the injured person has no legal recourse for seeking further compensation. This tactic often works if they can get to the victim before they have a chance to contact a Texas 4-wheeler accident lawyer, but don’t let them intimidate you. The team at our law firm can review your case and help you understand the reality of your situation, so never sign anything without speaking to an independent attorney (not an attorney hired by the insurance company!) first.
We Can Help You
With over 20 years experience handling personal injury and wrongful death lawsuits, our attorneys have the resources needed to handle the complicated legal battle that often ensues after an ATV accident.
If you’ve been in an ATV accident, you need an experienced Texas All-Terrain vehicle accident lawyer to represent your interests, defend you from shady or unscrupulous insurance adjusters and defense attorneys, and help you gather the evidence you need to present a successful case. When you hire our firm, you aren’t just hiring an experienced law firm. You’re hiring a law firm who has won cases against nearly every major insurance company in the nation. The insurance companies know that they have little chance of success once a victim is represented by , so often they will agree to a fair settlement to avoid the time and expense of a drawn out legal battle. However, if your case should go to court, you can rest assured in the knowledge that we go to court to fight for you.
For a free consultation, call us today. Our Texas four wheeler accident attorneys can answer any questions you may have. We will review your case, and outline your options for legal action. There’s nothing to lose, so call today!
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