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What to Do After a Motorcycle Accident from a Legal Perspective?

Posted on February 11, 2023 Car Accidents
What to Do After a Motorcycle Accident from a Legal Perspective?Texas motorcycle accidents are unfortunately common, and they often result in severe injuries, extensive property damage, and even death. So what to do after a motorcycle accident? If another driver caused your injuries in a motorcycle accident, you have the right to seek compensation for your losses. Knowing what to do after a motorcycle accident is crucial, as the steps you take can impact your subsequent personal injury claim. After you have sought medical treatment, you should contact an experienced motorcycle accident attorney who can help you understand your legal rights and obligations and walk you through the process of seeking compensation. This post discusses a few important aspects of Texas law that might apply if you were in a motorcycle accident. If you have questions about pursuing a claim for injuries after a Texas motorcycle accident, please contact the Law Office of Aaron Herbert. 

What Is the Most Common Motorcycle Accident in Texas?

What is the most common motorcycle accident in Texas? The most common type of motorcycle accident is a left-hand turn accident. These accidents usually occur at an intersection, but they can also happen when someone turns into a parking lot, shopping center, or driveway. Oftentimes, these accidents occur because a driver is distracted or misjudges a motorcycle rider’s speed or distance and turns left in front of them. Left-turn accidents can be severe and often result in serious injuries or death. Other common types of motorcycle accidents include single-vehicle accidents, in which a motorcycle rider loses control of their bike and crashes, and accidents caused by road hazards or defective motorcycle parts.

Does No-Fault Cover Motorcycle Accidents? 

Does no-fault cover motorcycle accidents? No-fault insurance is a type of insurance that covers medical expenses and other losses incurred in an accident, regardless of who is at fault. However, in Texas, no-fault insurance does not cover motorcycle accidents. Instead, Texas follows a fault-based system for motorcycle accidents, which means that the person who caused the accident is responsible for paying for the damages.  Texas requires drivers to carry liability insurance, which covers damages and injuries that the driver causes to others in an accident. That means if you were hit by a driver while riding your motorcycle, you would first pursue a claim through the at-fault driver’s insurance company. Because of the fault-based system, you must establish fault to recover damages for injuries and other losses. If you’re partially at fault, you might be responsible for paying for a portion of the other driver’s damages.  Texas law applies a comparative negligence rule to accidents with a 51% bar when determining liability and compensation. That means Texas law prevents you from recovering compensation if your share of fault is 51% or more. But, you can collect some damages if you are 50% or less at fault. For example, imagine a jury determines you’re 40% at fault for your accident. In that case, you could collect 60% of your damages. But, if the other driver was 40% at fault, your insurance will pay 60% of their damages, and you wouldn’t recover any compensation because you were 60% at fault.

When Do You Need a Motorcycle Accident Lawyer? 

When do you need a motorcycle accident lawyer? If you were involved in a motorcycle accident in Texas, you might wonder whether you need a lawyer to represent you. The answer to this question depends on the circumstances of your accident. In most situations, hiring a Texas motorcycle accident lawyer is highly recommended.  Examples of situations where you might want to consider hiring a Texas motorcycle accident lawyer include: 
  • You or someone else suffered injuries in the accident,
  • Another driver’s negligence or recklessness caused the collision,
  • You’re not sure who was at fault for the accident,
  • You’re having trouble getting the insurance company to pay for your damages and injuries, 
  • An uninsured driver hit you,
  • The other driver fled the scene, or
  • Another driver or passenger is suing you for damages. 
A motorcycle accident lawyer can investigate your accident, collect evidence, and negotiate with insurance companies on your behalf. Additionally, a lawyer can represent you in court and advocate for your rights and interests if your case goes to trial. You can expect that insurance companies will be fighting to put the most blame on you in hopes of reaching that 51% threshold so they don’t owe any money. A skilled Texas motorcycle accident lawyer can help you push back against insurance adjusters who are trying to pin the blame on you and deny you compensation. A lawyer can also handle all communications with insurance companies on your behalf so that you don’t inadvertently jeopardize your claim. 

What Is the Average Payout for a Motorcycle Accident? 

What is the average payout for a motorcycle accident? There is no predetermined amount for motorcycle accident claims or any average settlement amount we can share. That’s because the amount of compensation you can receive for a motorcycle accident depends on the specific circumstances of your case. Some factors that influence your potential settlement include:
  • The severity of your injuries; 
  • The extent of property damage; 
  • Who is liable, and to what extent; 
  • Available insurance coverage; and
  • Cost of medical treatment, lost wages, and other losses. 
In Texas, you can recover damages for economic and noneconomic losses, such as: 
  • Medical expenses, including hospital bills, doctor visits, and medication;
  • Lost income, including wages and benefits you may have lost as a result of the accident;
  • Property damage, including damage to your motorcycle and any other damaged personal property; and
  • Pain and suffering, including physical pain, emotional distress, loss of enjoyment, and more. 
Because every case is unique, it’s essential to consult with an experienced motorcycle accident lawyer to determine the value of your case. 

How Long Does a Motorcycle Accident Lawsuit Take? 

How long does a motorcycle accident lawsuit take? The timeline to resolve a motorcycle accident lawsuit also varies. Some factors that influence how long your case might take include the following: 
  • The complexity of your case,
  • The willingness of parties to participate, and
  • The court’s calendar. 
Generally, a motorcycle accident lawsuit can take a few months to several years to resolve. Some cases may settle during the discovery phase of litigation, while others may go to trial.

Contact a Dallas Motorcycle Accident Lawyer Today

Contact a Dallas motorcycle accident lawyer today. If you need assistance understanding what to do after a motorcycle accident, the Law Office of Aaron Herbert is ready to help you. Aaron Herbert has years of experience helping injured motorcyclists hold the drivers responsible for their injuries accountable. He knows what it takes to build a strong case and will tenaciously fight to protect your rights. Don’t risk losing out on valuable compensation by trying to handle your claim yourself. Contact our office to schedule an initial consultation to learn more about how we can help you.