Dallas Motorcycle Accident Lawyer
Bike wrecks are known for causing some of the most serious injuries of all motor vehicle accidents. Fortunately, when you’ve been harmed in a crash you didn’t cause, you have the right to obtain compensation for your damages. Work with a motorcycle accident lawyer in Dallas to get the most out of your claim.
It is not uncommon for motorcyclists to wind up with debilitating injuries after being injured in an accident. Without the surrounding protection that other vehicles have, bikers are always at an increased risk of injury, from brain trauma to spinal injuries and more. If you’ve been injured in a bike crash and aren’t sure what your next steps should be, you need the assistance of a highly trained Dallas motorcycle accident lawyer.
The attorneys at Crain Brogdon Rogers, L.L.P. are prepared to help you file a civil lawsuit against the at-fault party. This will allow you to seek compensation for the damages you endured from the person or persons whose negligent actions are responsible for causing your bike accident and subsequent injuries. We’ll do all we can to obtain maximum repayment for your suffering.
Fault in Bike Wrecks
Before we proceed with your motorcycle injury claim, we will need to determine who is liable for your damages. This individual or party will be compelled to compensate you for what their negligence put you through. In most cases, this party will be a driver who caused the accident. This could be because they were driving under the influence, were drowsy or distracted, or were driving aggressively.
When another motorist is not liable for the cause of the accident, we begin to look into other avenues of culpability. This might include the Texas Department of Transportation if the roads themselves were hazardous, or perhaps the parts manufacturer if a faulty or malfunctioning motorbike part was the cause of your motorcycle wreck.
Your attorney will conduct a thorough investigation into the cause of your accident, and who is at fault for the cause of the accident, by gathering evidence such as medical documentation, safety inspection reports, witness statements, photographs, police reports, expert testimony, and video footage, among others.
Insurance Companies and Motorcyclists
You might be thinking that bringing your case to court isn’t necessary, as you’ll simply file a claim with the insurance company to collect the compensation you require. Unfortunately, this isn’t the case. The insurer is typically not going to be on your side when they have to settle your claim, because this means that they’ll be losing money, which clearly isn’t in their best interests as a for-profit business.
In fact, it is quite common for insurance adjusters to do whatever they can to reduce the amount they’ll be required to pay you. There are two ways that this frequently happens: by making a quick offer and by asking you to make a statement about how the motorcycle accident occurred.
Although these seem harmless, they can actually be quite damaging for your case. By asking you to make a statement, the insurer then has the opportunity to use your words against you to make it seem as though you are more liable than you actually admitted to. This will allow them to settle your case for far less than you’re entitled to.
When the insurance company makes you an offer quickly, you may be tempted to accept it, especially when you need the money quickly. However, the insurer is banking on you giving in to this temptation and will have likely made you an offer that was significantly less than your claim is worth. For these reasons, it would be well-advised to have your motorcycle accident attorney handle the insurer.
Seek the Compensation You’re Entitled To
By now you’re probably wondering how much you’ll be able to recover in your injury case. Despite the fact that each claim and accident is different, nearly every claim will include similar damages. Categorized as being either economic or non-economic, your losses may consist of:
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Scarring or disfigurement
- Loss of consortium
- Property damages
- Emotional distress
- Medical expenses
- The loss of earning capacity, including bonuses
This is by no means every loss that may be considered when your attorney is calculating the value of your claim, and it stands to reason that the more impactful your injuries were on your life, the greater you should be compensated for your Dallas motorcycle accident.
In addition to these damages, your final award could be increased if the judge feels that the actions of the defense were abhorrent in nature or intentionally harmful. In these cases, you’ll be awarded punitive damages.
Even though these will be beneficial to your case, their ultimate purpose is to punish the wrongdoer by making an example of them. The hope is that if future wrongdoers are aware of the enormous ramifications of these actions, then they will not take the same actions as the defendant in your case.
Motorcycle Accident FAQ
At a time when you should be recuperating from your bike accident injuries, the last thing you need is to be worrying about how you’ll be able to get the liable party to pay up, or wonder what’s going to happen next for your personal injury claim.
This is why we’ve compiled a few of the most frequently asked questions we get from our injured clients. If we haven’t addressed your question below, please contact our office to discuss your case in greater detail.
Can I still file a motorcycle wreck claim if I wasn’t wearing a helmet?
As long as you are twenty-one years of age or older, in Dallas and throughout Texas you are not legally obligated to wear a helmet when riding your motorcycle. However, it’s worth noting that Texas follows proportionate responsibility for civil claims. This means that the defense will likely argue that you were partially responsible for your injuries due to the fact that you chose not to wear a helmet.
Your attorney should be able to protect your award by ensuring that your percentage of liability remains as minimal as possible.
What options do we have if my passenger caused the accident?
You will still have the opportunity to file your motorcycle wreck claim, but we will tread carefully as we move through the claims process. After all, you more than likely wish to maintain the relationship you have with your passenger—but that doesn’t mean they should get out of having to be held accountable for their negligent actions.
How long do I have to decide if I want to file a motorcycle accident claim?
The state of Texas adheres to a statute of limitations of two years for personal injury claims. This means that you will have two years from the date that the accident occurred or from the date that your physician diagnosed you with an injury related to your involvement in the motorcycle wreck.
It is critical that this is done before the statute of limitations expires; otherwise, you can expect your case to be barred from being heard in court at a later date.
Work with a Dallas Motorcycle Crash Lawyer
If you are interested in discussing your bike case further with an experienced Dallas motorcycle accident lawyer at Crain Brogdon Rogers, L.L.P., you can do so by completing the quick contact form we’ve included at the bottom of this page or by giving our office a call at 214-522-9404 to schedule your free, no-obligation consultation today.