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July 07, 2020

Houston Motorcycle Accident FAQ

Motorcycle accidents are nearly always a traumatic time in the injury victim’s life. Not only will you be dealing with the physical impact of your injuries, but the financial and psychological toll is sure to be great. 

At Crain Brogdon Rogers, L.L.P., our compassionate attorneys are prepared to help you get the most out of your civil lawsuit by holding the liable party accountable for their negligence. To learn more about the motorcycle accident claims process, and for answers to some of the most pressing motorcycle accident claim questions, continue reading.

Do I still have a claim if I wasn’t wearing a helmet?

Yes, you do, especially if someone else is responsible for the collision. Texas motorcycle helmet laws apply to those under 21. Riders over 21 can opt out of wearing a helmet if they have health insurance or if they have completed a motorcycle operator training and safety course. 

However, it would not be unreasonable to expect your award to be reduced under the state’s modified comparative fault laws, which hold those who are partially responsible for their injuries to account. 

Who will compensate me if we win?

That depends on a number of different factors including who is liable for your bike wreck. The insurance company, the driver who struck you, parts manufacturers, the Texas Department of Transportation (TxDOT) and several other parties could be compelled to compensate you for your suffering if they are deemed liable.

How long do I have to file my lawsuit?

The Texas statute of limitations for personal injury claims is two years from the date of the accident, or from the date that you are diagnosed with an injury relating to the collision, such as whiplash, for example. Failure to file before the statute of limitations expires will result in a case dismissal.

Will I have to go to court to obtain my injury settlement?

Court is always a possibility, but it’s not guaranteed.If the insurance company settles your claim reasonably, court isn’t necessary. But, if the insurer settles for an amount that is far less than you deserve, going to court will almost always be in your best interests.

What happens if my passenger caused the accident?

When passengers are responsible for causing collisions, it can be a very delicate situation, as your passenger is likely a close friend or family member. 

Their relationship with you, however, does not mean they aren’t liable for providing you with financial compensation. We’ll be sure to handle your case with care so you can both obtain the compensation you may be entitled to while maintaining the relationship with the passenger.

Meet with a Motorcycle Accident Lawyer in Houston

If you are interested in discussing the details of your case with a highly qualified Houston motorcycle accident lawyer at Crain Brogdon Rogers, L.L.P., schedule a free claim review. We can be reached by phone at 214-522-9404 or via the brief contact form at the bottom of this page.