Motorcycle Accident Lawyer
|
According to the According to the National Highway Traffic Safety Administration, in 2016 there were 5,286 motorcyclists seriously injured—a 5.1-percent increase from the 5,029 motorcycle injuries in 2015. According to the U.S. Department of Transportation, in a period of ten years, the number of motorcycles went up 63%, and the number of fatalities more than doubled during the same period. Our motorcycle injury attorney understands the injuries associated with a motorcycle crash can forever impact your life and those who love you. We are committed to helping injured motorcycle riders who have been injured due to the negligence of another driver. The NHTSA says that alcohol is the biggest factor in motorcycle accidents than with car accidents. Our Motorcycle Accident Lawyer represents injury victims of motorcycle crashes. At the Pascoe Law Firm our Lawyer knows that Motorcycles are fun to ride. However, they can also cause severe injuries or death. If you have been hurt by someone else's negligence, call our Motorcycle Accident Attorney at 713-829-4317.
|
|
Protect your Legal Rights Following A Motorcycle Accident
Motorcycle crash cases often have complex factual and legal questions that go into determining fault. Many wonder what Texas motorcycle helmet laws are and how they apply to a motorcycle wreck. In Texas, individuals at least 21 years-old are exempt from wearing a helmet while operating or riding a motorcycle if they have completed a Department-approved Motorcycle Operator Training Course or they can provide proof of at least $10,000 in medical insurance coverage.
Hopefully, if you have been in a motorcycle collision your injuries are only minor and you were wearing a helmet. A rider is at an increased risk of death from not wearing a helmet when involved in a motorcycle accident. However, unfortunately often times the injuries from these accidents can be catastrophic with many suffering brain injury, neck fractures, or death. After an accident occurs it is important to contact a personal injury lawyer to help protect your legal rights. Our team can diligently work to investigate what occurred and preserve the available evidence that will be needed in your case.
Our motorcycle accident attorney knows the uphill battle injured motorcyclists face when trying to recover from their injuries following a motorcycle accident. The insurance companies of drivers who have caused motorcycle crashes to occur often will try to fight liability to try and avoid paying out damages for your injuries. Many auto insurance carriers will take a “deny and defend” posture when handling claims involving injured or deceased motorcyclists. But our motorcycle accident lawyer fights to defend the legal rights of motorcycle riders.
Common Causes of a Motorcycle Accident
The most common cause for motorcycle accidents is where the motorcyclist is riding at night and is hit by a drunk driver. Other common causes for motorcycle accidents include:
- Cars Making Left Hand Turns
- Motorcycle Lane Splitting
- Speeding either by another car or motorcycle
- Road Hazards
Impact of Motorcycle Accidents
In one of the most comprehensive analyses of injuries related to motorcycle crashes, the Centers for Disease Control and Prevention studied the type and severity of injuries of more than 1 million motorcyclists treated in emergency rooms from 2001-08. The results of the study revealed that the most common nonfatal injuries were:
- Lower Extremities: 30% of injuries were to the leg and foot area.
- Head and Neck: 22% of bikers reported injuries of some degree to these areas.
- Upper Trunk: These included injuries to the chest, shoulder, and back.
- Lower Trunk: The arms and hands are common areas of the body to be injured.
Injuries Commonly Encountered By Motorcyclists in Texas
Texas data suggests that more than 35% of motorcyclists injured in accidents have what is considered to be an “serious” or “significant” injury, one that prevents them from engaging in the activities they enjoyed prior to the crash. Examples of these injuries can include:
- Fractures
- Lacerations
- Brain injury
- Paralysis
- Joint injury
- Internal organ damage
- Neck / Back injuries
- Loss of limbs
Primary Causes of Galveston / Houston Motorcycle Crashes
In order to win a motorcycle accident case, the injured party has the burden of establishing that the driver who caused the crash was negligent. Driver negligence can cover situations such as:
- The driver failed to keep a proper lookout
- The driver was distracted
- The driver failed to yield
- The driver was speeding
- The driver failed to follow traffic control devices
- The driver failed to gauge the speed or distance
- The driver operated their vehicle while intoxicated
How to Handle a Motorcycle Accident Case?
Get Medical Treatment As Soon As Possible
First, please get medical attention you are hurt. If you need help finding medical attention the Pascoe Law Firm might be able to help you with this process. Medical treatment is important part of a motorcycle accident case. The adjuster will evaluate your case based upon your injuries. If you do not go to the doctor the insurance company will assume that you were not injured. Think of the chiropractor or medical doctor as the author of your story of how this accident impacted your body. Their medical records will be the story how you were injured and your treatment and recovery.
Get A Police Report Following A Motorcycle Collision
You should always insist on a police report to be filed out to document what took place. Remember to take photos of your bike, any injuries, and the accident site immediately following the collision. Make sure to get the contact information of any witnesses that might have seen what occurred. By following these helpful tips you should be able to build a strong legal case and not allow others to deny their responsibility. Motorcycle drivers have just as much right to be on the road as any other vehicle driver.
Don't Admit Fault
The truth is that you don't know if a person you just met is trustworthy or not. You may be in shock from having an accident. You might not know how all the laws might apply to different facts. Never admit fault, even if pressed to make a statement declaring your responsibility. Be honest about the facts. But be a journalist—do not editorialize. Make sure to protect your self by not agreeing to anything until you know the full scope of your damage.
Exchange Information and Gather Information
Additionally, make sure to record the other driver's license number and insurance information to make sure they are not just giving you false information. Trade your telephone, address, insurance carrier, full legal name, license plate number, and additional contact information with all other drivers involved in the crash. Take Photos of your vehicle and the other driver's vehicle. Gather names and telephone number of any witness that might have seen the accident take place.
Information Needed To Set Up An Motorcycle Insurance Claim
To help build a strong case for you following a motorcycle accident involving injuries, our attorney regularly does the following:
- Order police reports
- Set up claims with insurance companies
- Take statements from witnesses to the crash
- Photograph the scene of the crash and damage to vehicles
- Review video footage of the incident
- Hire an accident re-constructionist to re-create the crash if needed
- Review computer recordings or “black boxes”
- Order medical records and bills
- Talk directly to the insurance carriers for the parties
- Request copies of traffic light sequencing data
How Long Does A Motorcycle Accident Case Take in Texas?
At the Pascoe Law Firm, our Motorcycle Accident Lawyer is often asked about how long will it take for a motorcycle crash injury claim to be completed. This question is not uncommon and many injury victims often ask, how long their will case last and if can be resolved quickly. Because almost every car accident is different the answer will ultimately depend upon your unique situation and set of facts. The time it takes to effectively resolve a motorcycle accident injury case depends on a variety of factors including:
- Nature and degree of injury
- Whether or not medical treatment is still ongoing
- The backlog in the court system
Each of these control the timeliness of the resolution of the claim when dealing with a motorcycle crash. Unfortunately, a quick resolution is not always possible. However, at the Pascoe Law Firm we strives to resolve matters as quickly and efficiently as possible. While we work to keep your case moving we make sure that we make sure that your legal rights are protected throughout the entire process.
Houston / Galveston Area Motorcycle Accident Resource Center
Click the links below to learn more about common types of Motorcycle accident and injuries associated with car accidents.
Causes of Motorcycle Accidents |
Types of Motorcycle Accidents |
The Motorcycle Accident Process
The Accident
Motorcycle accidents can change your life in an instant. Before you assume the worst, find a safe place and seek medical attention. When you’ve been hurt in a motorcycle accident, your first concern should be your health. The impact could have left you with serious injuries of the spine, neck, back, or more. Your injuries could disrupt work, family, and personal obligations. However, they don’t have to have a long-term negative impact.
Your Medical Care
Treating your injuries is a priority. Try not to feel overwhelmed with the thought of paying for your medical expenses – focus on getting healthy first. If your injuries require immediate medical attention, you may find yourself in a hospital or a doctor’s office. This may cause some anxiety, and that’s completely natural. At this point, you’re likely wondering how you’re going to pay for your medical care and how much your insurance will cover. To make matters more stressful, you may be visited by members of law enforcement in order to complete their accident report. Remain calm and do not admit fault for the accident. If you have questions about what you should disclose in your accident report, contact us to learn more about your rights.
The Scene, the Police Report, and Notification
he accident scene tells a story. The at-fault insurance company will have their side. Make sure you gather enough information to tell your side. If you don’t have to immediately leave the scene to tend to injuries, you should gather contact information and document everything: take pictures, talk to witnesses, etc. During this time, stay calm and don’t admit fault. Always report the accident to police and then your insurance provider. Most importantly, once you are able, talk to an motorcycle accident lawyer at the Pascoe Law Firm. We recommend talking to a lawyer before speaking with an insurance company
Motorcycle Repairs or Total Loss
Understanding the damage to your vehicle and whether it can be fixed is important. The first thing to assess is whether your motorcycle or motor scooter is drivable, which also gives you a sense of the repairs needed. If the damage is minor, then having the bike repaired may be the best step. If you have adequate motorcycle insurance coverage, you may be able to be reimbursed for rental expenses while your vehicle is being repaired. If not, we may be able to make a claim against the other driver’s insurance company. Some vehicle damage is so severe that fixing the motorcycle isn’t the best option. The repair shop and your insurance provider may not have your best interests in mind when it comes to repairing your vehicle. Call us so we can fight to help you get what you deserve.
Paperwork and Phone Calls
You’re going to get an incredible amount of mail and phone calls related to your accident, insurance claim, and bills. Let us take care of that for you. When you have been hurt in a motorcycle accident, it’s inevitable that you’re going to be hit with an onslaught of paperwork – most of which will seem completely foreign to you. This is where hiring a personal injury lawyer who values open communication is incredibly important. At the Pascoe Law Firm, we think it’s important to minimize the stress you feel due to your accident. We go to painstaking efforts to handle all communication with the insurance companies, law enforcement, and medical professionals related to your accident. We also strive to keep you informed throughout the process, so you know exactly where your case stands.
A Denied Insurance Claim or a Settlement Offer
After investigating your accident, the insurance company may offer you a settlement. Don’t sign it. If your claim is denied, don’t give up. Insurance providers are in the business of making money. It’s common for insurance carriers to offer a settlement that is well below what you deserve. The amount owed to you should be based upon medical bills, car repairs, lost wages, and pain and suffering. We can help you make sense of what has been offered and determine whether the insurance offer should be accepted, or if a counter demand should be made. If your claim has been denied, you may still have options. There are a number of valid reasons why an insurance company might deny your claim. However, there are also situations where your claim is unjustly denied.
Demanding Appropriate Compensation
Your claim is likely worth more than you’ve been offered. We can help determine the true value – and then work to get you what you’re owed. Once all of your damages and expenses related to your motorcycle accident are understood, then your personal injury lawyer will put together an initial demand or a counter demand, if an initial settlement offer was presented by the insurance carrier. The insurance provider then must decide to accept the demand, continue to negotiate with your lawyer, or deny the demand. Let the experienced Motorcycle Accident Lawyer at Pascoe Law Firm handle this for you.
Settling Your Case or Going to Trial
Many cases can be settled without having to go to trial. However, when negotiations break down, a trial may be necessary. A settlement occurs when both parties are able to come to terms on a dollar amount. When this happens, the case does not go to trial. Instead, an agreement is signed by both parties and you are issued a settlement check. If the case goes to court, the judge or jury will decide whether or not you should receive compensation. The court will render a judgment against the other party if the case is found in your favor. Remember, you don’t pay until we win.
Lawyer for Motorcycle Accidents in Texas
At the Pascoe Law Firm Our Motorcycle Accident Lawyer helps accident victims who have been injured due to another’s negligence. John D. Pascoe will take on big insurance companies and work on your behalf to present your side of the case following a motorcycle accident has occurred. He will fight for the best compensation possible for you to cover your injuries and damage following this unfortunate event. Immediately after a Motorcycle, Motor Bike, or Scooter accident there are some steps that you can take to protect your legal rights following a motorcycle accident has occur.
Motorcycle accidents can happen in a blink of an eye. Especially, when enjoying one of the numerous event weekends that Galveston holds. If you were involved in a motorcycle accident where the other driver was at fault, you could be able to receive compensation for damages caused by the other driver’s negligence. Some areas of compensation you may be entitled to receive are for medical expenses, pain and suffering, lost wages, and other damages that might have occurred. Additionally, many insurance policies have something called “PIP” which stands for personal injury protection. PIP is the only form of double recovery allowed under Texas State Laws. It is a policy which can be added to your driving insurance and allows you to receive compensation for your medial injuries. The amount of PIP can differ depending on the policy.
Experienced Lawyer Handling Motorcycle Crashes
It is important to get an experienced lawyer to represent you following a motorcycle accident. Your attorney will need to show four important parts of your case. Specifically, that there was a duty, breach of duty, that as a result of that breach of duty it was the causation of the accident, and damages. From the moment we are retained in a motorcycle accident, we begin aggressively preparing your case so we may present all aspects of your damages. We prepare every case as if we are taking it to trial. If you or a loved one has been injured in a motorcycle crash, talk with our motorcycle accident attorney at the Pascoe Law Firm to discuss your legal options that you have available.
Wrongful Death Motorcycle Accident Claim
If the rider does not survive the accident, the family or estate should consider filing a wrongful death claim against the other party that caused their loved to pass away. If a wrongful death claim is successful punitive damages may be available. After an accident it is very important to seek immediate medical attention for any and all injuries. An injury might seem minor at the time and then escalate overtime. It’s important to contact an experienced motorcycle accident lawyer who can help protect your legal rights immediately following an accident.
Contact Our Texas Motorcycle Accident Attorney
When a motorcyclist is hurt or killed because of someone else's negligence, an experienced Motorcycle Accident Lawyer can make that point at trial or in negotiations with insurance adjusters. The Pascoe Law Firm provides free personal injury consultations for victims injured in motorcycle accidents. If you are in the hospital we offer free hospital visits after motorcycle accidents injury consultations. Contact our Motorcycle Accident Attorney at 713-829-4317. Hablamos Español.
Areas We Service For Motorcycle Accidents
Motorcycle Accident - Research and Reports
|
|
|
Webpage is intended solely for residents of Texas or Persons seeking representation within Texas. An Attorney-Client relationship only occurs when both parties agree that the Attorney will represent the Client and will not be created until that agreement occurs. Website and all of its pages is intended to be used for educational purposes and does not constituted as legal advice. All information on every page of the website does NOT suggest or claim that the attorney has a specialization in any area of legal practice or certification. Attorney not certified by the Texas Board of Legal Specializations.
"John is very professional and great at what he does! He asks questions to be informed of your case so he can give you the best options and advice. He genuinely wants to help you and wants to make a good outcome for you. Would definitely recommend him to people needing his services!"
Pascoe Law Firm based on 70 reviews.
Read all testimonials
Pascoe Law Firm based on 70 reviews.
