Motorcycle accidents are responsible for devastating injuries and many riders aren’t sure if the crash was their fault or what sort of compensation they should expect. Unfortunately, most motorcycle riders will never see a full reimbursement check for their damages. Insurance companies and drivers will do nearly everything possible to shift the blame or short the insurance payout to you.
Contact a personal injury law firm like McDonald Worley today to schedule a consultation. We can review your accident case, let you know if you are eligible for compensation, and answer any questions you may have. It’s likely that you will need an experienced and skilled attorney to ensure that you get the full compensation you are owed. Don’t settle for less than you need and deserve after an accident. You will need that compensation to pay for property damage as well as your medical bills.
Table of Contents
- 1 What Should You Do After a Motorcycle Accident?
- 2 Medical Treatment
- 3 DO NOT Contact with the Adjuster
- 4 How Can a Houston Motorcycle Accident Attorney Help?
- 5 How is Fault Determined in a Houston Motorcycle Wreck?
- 6 What Types Of Damages Can Be Recovered in a Houston Motorcycle Accident?
- 7 Can I File a Personal Injury Lawsuit After a Motorcycle Crash?
- 8 Houston Motorcycle Accident Statistics
- 9 Contact a Houston Motorcycle Accident Lawyer at McDonald Worley Today
What Should You Do After a Motorcycle Accident?
After a motorcycle wreck in Houston, Texas, you will need emergency medical attention. Even minor accidents that involve motorcycles end up, resulting in urgent medical care. Because of the injuries that motorcycle riders often experience, there is little room to put off seeing a doctor, and in some cases, paramedics may not give you a choice. Afterward, you need to worry about the details of the scene.
Injured riders should write down their account of what happened as soon as they are able to. However, the responding police officers may visit you to make a statement. They will file a police report which will have the other driver’s information and may list the names of contact info for cooperative witnesses. That report should also include some key details of the scene.
Important details to obtain at the scene:
- Insurance information for the driver at-fault
- Pictures of the scene, injuries, vehicles, and motorcycle
- Name and contact info of witnesses
It is absolutely critical that you get treatment for any physical harm right away. Although many people try to “tough it out” or “walk it off,” your injuries are far beyond that point. Without treatment, rest, and rehabilitation, your injuries will only become worse. Delaying medical care will result in more harm than good, and it can lower your chances of making a successful claim.
After you receive your initial medical care, you need to follow-up carefully. That means that you need to go to all follow-up appointments and do what the doctor’s advice for your recovery. If you’re worried about not having insurance, it is very likely you can receive treatment without paying out of pocket now. Contact a Houston motorcycle accident lawyer at McDonald Worley offices for information on how to handle your outstanding medical bills.
DO NOT Contact with the Adjuster
So many insurance companies are quick to take statements so they can start your process and get you a quick settlement. But a fast settlement hardly ever includes everything you actually need. In fact, giving a recorded telephone interview could lead you so say many things that negatively impact your claim later. Insurance companies use many underhanded tactics to twist your words. Do not speak with an insurance company other than to report the accident. After that, you should contact a car accident lawyer and have them help you manage your insurance company’s requests.
How Can a Houston Motorcycle Accident Attorney Help?
After you experience a motorcycle crash, you need help recovering. That recovery includes your injuries, restoring your health, but also your financial recovery. While it is vital that you receive immediate medical attention and follow treatment, you need to also worry about other aspects of your life. If for whatever reason you chose not to get medical treatment, the at-fault driver’s insurance company will use that against you. They will attempt to deny you compensation and claim that your injuries came from a different accident or event.
However, a Houston motorcycle lawyer can take over these heated conversations for you. They can speak on your behalf and ensure that you have someone fighting for your best interest. An attorney that specialized in motorcycle accidents should know exactly how to approach the situation, especially for compensation negotiations. What’s more, is that most Houston motorcycle crash attorneys are happy to provide free consultations. Free consultations are a great way to understand more about your case.
How is Fault Determined in a Houston Motorcycle Wreck?
Through Texas, law fault lays with the person who is 51% or more at-fault. Often referred to as “modified comparative fault,” it basically puts the person most at-fault as responsible for damages and compensation due to negligence. Even if you were partially at-fault, you have a right to compensation; however, your payout may go through a reduction based on your portion of fault.
However, in the event that you are the majority at-fault, then you cannot receive any damages. Even in situations where you were badly hurt, your insurance may deny you compensation because of reckless or negligent behavior, which means that you likely won’t receive any compensation for your injuries.
What Types Of Damages Can Be Recovered in a Houston Motorcycle Accident?
Damages specifically refer to different types of legally acknowledged harm. That means that the damage can be physical harm, financial harm, or even intangible pain and suffering. If you experienced these injuries or losses after a motorcycle crash in Houston, then you need a knowledgeable attorney to assist you through the settlement or claims process.
All Medical Expenses – Past and Future
After a motorcycle injury, the victim should pursue compensation for all medical treatments related to the injury.
You probably lost many hours, weeks, or even months at work while you recovered physically. You do have some rights to recover the income you lost, and even the opportunity to recover lost financial stability if the accident reduced your earning capacity.
Your motorcycle probably took much more damage than the other person’s vehicle. With an experienced motorcycle attorney, you can recover the damage to your bike, helmet, equipment, and additional personal property.
Pain and Suffering
Accident victims can pursue compensation for undue pain, as well as additionally suffering..
Loss of Enjoyment
If your injuries leave you unable to enjoy a hobby, or PTSD leaves you unable to ride again. You can pursue a loss of enjoyment compensation.
Loss of Consortium
For those who can no longer be intimate, loss of consortium is an option for compensation.
Anyone driving in a careless, or reckless manner may have to pay punitive damages to the victim when decided by a judge.
Through an experienced and skilled motorcycle accident attorney, you can get proper representations.. Work with a motorcycle attorney to build a strong case and fight for compensation. Contact McDonald Worley to discuss any of these damages and hardships that came about because of your wreck.
Can I File a Personal Injury Lawsuit After a Motorcycle Crash?
Yes, you can, but before you go filing a lawsuit, you should know about all of your options for obtaining compensation. When you are in a motorcycle wreck, you can either seek a compensation settlement through insurance or file a lawsuit for personal injury through the state court system.
In minor crashes, it’s usually reasonable to obtain a fair compensation payment from an insurance settlement. However, many insurance companies will try to shift the blame onto the motorcyclist. Because this happens so often, it’s vital that motorcyclists obtain an attorney even for insurance settlement claims.
If you can’t receive a fair settlement through negotiations, your personal injury lawyer can file a lawsuit against the at-fault person. This process does take longer. However, it will often result in a higher settlement than what an insurance company would provide. When you file a personal lawsuit, it shows everyone involved that you are serious about seeking compensation. Many times that will be enough to cause a settlement because the insurance company will want to avoid a trial.
Houston Motorcycle Accident Statistics
Throughout 2018 about 618 crashes involved motorcycles within the City of Houston. Those crashes led to injuries and deaths. In 2017 about 499 motorcyclists died from an accident or from injuries caused by an accident. Anyone who has experienced injury or loss from a motorcycle accident needs to reach out to a motorcycle accident attorney in Houston.
Your recovery will take a long time, but an aggressive Houston attorney can help you protect your rights to fair and full compensation. Unfortunately, bikers don’t have the level of protection that standard drivers do, and it leads to many more injuries. Approximately 94% of motorcycle accidents result in an injury..
Contact a Houston Motorcycle Accident Lawyer at McDonald Worley Today
The law offices of McDonald Worley are here to help the victims of motorcycle accidents and crashes. If you’re not sure what to do after a motorcycle crash, or if you are having problems with your insurance, then you need legal help. Additionally, calling in a Houston motorcycle accident lawyer or crash attorney can help take some of the pressure off when it comes to handling the paperwork. The McDonald Worley team can help you get your claim moving while you can put your energy into making a full recovery.
We know those motorcycle injuries are difficult to recover from and often leave many riders in financial ruin. Not only have you experienced an extensive injury that will require months of recovery, but you’ve lost your mode of transportation too. On top of everything, you’ve probably missed weeks or even months of work. With no income and mounting bills, it can seem like this one crash has ruined a lot of your past efforts. Contact a Houston motorcycle accident lawyer for help building a strong case. Call the motorcycle attorneys in Houston, TX at McDonald Worley today.