Should I Hire a Lawyer for a Motorcycle Accident in Texas?
Motorcycles are built for speed, and most riders throw caution to the wind when riding the two-wheel drive. This lack of care and recklessness often results in motorcycle accidents and severe bodily injuries. But sometimes, motorcycle crashes are not the fault of the motorcyclist. Several road factors and motor vehicle presence can lead to a traffic accident. When this happens, the injured motorcyclist can bring a motorcycle accident claim against the responsible party.
Our motorcycle accident lawyers at McDonald Worley can help with this. But it’s not all the time that motorcycle accident victims want to engage the services of a motorcycle injury attorney. Most often question if they need a lawyer’s help to get financial compensation. This article will answer whether you need to hire a lawyer for a motorcycle accident in Texas.
What Are the Causes of a Motorcycle Accident?
According to a 2020 report by the Texas Department of Transportation, at least one person dies from motorcycle accidents daily on average. In 2019, about 412 victims of motorcycle accidents lost their lives, while 1,800 suffered various injuries. Some of them were catastrophic injuries that impacted the victim’s quality of life. Others led to physical impairment, soft tissue injuries, and Traumatic Brain Injuries (TBI).
But what exactly caused the motorcycle accidents that resulted in these physical injuries and fatalities? Below are some of the causes of motorcycle collisions:
- Unsafe Lane Changes: A biker risks colliding with a car, changing lanes unsafely. The vehicle driver might not see them in time to avoid collisions, especially if they are in a blind spot. Drivers who cause an accident while changing lanes would face a motorcycle accident lawsuit.
- Lane Splitting: Motorcycle riders increase their risk of injury when they split in and out of lanes of traffic. Lane splitting is dangerous, especially for inexperienced bikers.
- Sudden Stops: This is one of the common causes of rear-end collisions. Unlike head-on collisions, rear-end crashes happen from behind when one driver stops without notice. It is the result of tailgating.
- Driving Under the Influence: It is never a good idea to drink, ingest intoxicating drugs or chemicals and get on the road. Doing this might result in a collision that might cause severe injuries or death.
- Speeding: It is a leading cause of traffic accidents. The higher the speed, the less chance a biker or driver has to stop to avoid a collision.
Other common causes of motorcycle collisions are:
- Car doors
- Inexperienced automobile drivers
- Left-turn accidents
- Hazardous road conditions
- Poor weather conditions
- Motorcycle defects
The Texas DOT advises bikers to be wary of careless drivers and wear a safety helmet when riding. Their safety gear should also include protective apparel. It would also help prevent bikers’ loss of life. Also, motorcyclists should slow down when needed, and pay attention to the road. Furthermore, automobile drivers must remember they owe a duty of care to motorcyclists and avoid all forms of negligent behavior.
Should You Hire a Lawyer After a Motorcycle Accident in Texas?
The simple and direct answer to this question is YES. After a motorcycle collision, you have to file a police report and get treatment for crash injuries. As the victim, you’ll have to start a personal injury claim process and report the incident to your insurance company. If there’s property damage, for example, to your bike, you’ll need to take it for repairs.
Doing all these by yourself while trying to heal from your injuries can be overwhelming. This is where motorcycle accident attorneys come in. They will take charge of dealing with your insurance company and work to get you the maximum compensation.
Below, we listed out some of the reasons you should consider hiring an experienced motorcycle accident lawyer.
A Lawyer Determines Whether You’re Entitled to Damages
You can file a personal injury lawsuit and have it thrown out for lack of merit. But if you work with personal injury lawyers, the chances of this happening are next to none. This is because the attorney will look at the case to see if there’s negligence on your part. If it exists, they would advise you not to commence an action. If it doesn’t, the personal injury attorney will commence the recovery process and get you fair compensation.
A Lawyer Explains the Legal Filing Process
Commencing recovery for damages is a long and complex process and needs a motorcycle accident injury lawyer’s expertise. The lawyer will break down the steps involved in filing your claim against the fault party.
A Lawyer Will Answer Your Questions
There are several legal terms that you won’t understand if you commence your motorcycle accident claim alone. For example, the doctrine of comparative fault, comparative negligence rule, contributory negligence, and how they affect your injury claim. But with a lawyer from an accident law firm, you’ll have answers to your questions, and they’ll help the process go smoothly.
A Lawyer Has the Experience You Need
One thing about insurance claims is that insurance adjusters look for ways to reduce or not pay you what the minimum coverage stipulates. The best defense against them is a lawyer with experience in dealing with motorcycle insurance claims. With their experience, they’ll get the best motorcycle accident settlement.
A Lawyer Can File a Lawsuit and Represent You in Court
If you can’t reach a settlement with the at-fault party insurance carrier, a motorcycle injury lawyer will help you file a lawsuit. They will make a strong claim before the court and offer you all the legal assistance you need. With a legal team, you will have a better outcome than when you represent yourself.
When Do You Need a Lawyer for a Motorcycle Accident in Texas?
Ordinarily, it would help if you had an attorney immediately after a motorcycle collision. Once you’ve made an official report either as the victim or responsible party, the next thing to do is consult motorcycle accident attorneys. While we admit that you might succeed in a settlement claim without an attorney, things don’t always work out the way you plan.
Thus, consider hiring an experienced lawyer in one of these scenarios:
- You suffered a severe injury and spent a lot on medical bills. A lawyer would help you recover medical expenses, lost wages, and damages for pain and suffering.
- You sustained permanent and catastrophic injuries. These types of injuries include brain injury, head injury, and spinal cord injury. They might result in permanent disabilities and impact your quality of life.
- The insurance provider uses unfair tactics to reduce the compensation sum. This could be claiming you were the negligent party or disputing your medical record.
- The insurance company denies your claim for illegitimate reasons, and you have nowhere else to turn.
In either of these scenarios, only a motorcycle accident attorney can help you. Not only will they ensure the liable party pays, but they will also keep insurance adjusters from bullying you into submission.
How Do You Pay a Motorcycle Accident Attorney?
Payment of legal fees is one of the reasons people shy away from hiring motorcycle accident lawyers. But rest easy, as most personal injury lawyers in Texas get their fees on a contingency basis. A contingency fee means that you don’t pay your lawyer until they arrive at a fair settlement. At this point, the attorney will get a pre-agreed percentage of the settlement or judgment sum.
Do You Need A Motorcycle Accident Lawyer? Contact McDonald Worley
It is normal to be scared and anxious after a motorcycle accident. But you don’t have to go through the journey of getting compensation for the harm done to you alone. Our lawyers at McDonald Worley are ready to help and work with you every step of the way. Our goal is to get you the maximum compensation, and you don’t pay us until we do. Schedule a free consultation with us to get started on getting you justice.