Long, sunny summers make riding a motorcycle very appealing, and our Dallas motorcycle accident lawyers know many Texans take to the road on their bikes. Plus, this efficient means of travel can help you avoid sitting in traffic and decrease your commute time. Or maybe you just like to unwind with a ride around one of the many scenic roads in the Metroplex.
Whatever your reason for choosing to ride a motorcycle, there are a few things to keep in mind for your safety. Motorcycle accidents can cause life-changing injuries and can even be fatal. Because motorcycle drivers don’t have the protective metal shell that a car or truck has, there’s not much between them and the road. If you collide with another vehicle, you could end up with a hospital stay and extensive medical bills.
After an accident, you’re probably wondering how you’re going to pay your bills and if you’ll be able to enjoy the same activities you used to. Debilitating injuries are common after a crash, impacting your ability to move independently and enjoy the same quality of life that you had before the crash.
Traumatic brain injuries (TBIs), broken bones, and neck or spine injuries are common and have life-changing effects. If you’ve been hurt in a bike accident that wasn’t your fault, you need the assistance of our highly trained Dallas motorcycle accident lawyer. The attorneys at Crain Brogdon, LLP are prepared to help you file a civil lawsuit or claim against the at-fault party. This will allow you to seek compensation for the damages you incurred 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. Call us today at 214-522-9404 for a free consultation about your case.
Determining which party is at fault for your motorcycle crash — you or the other driver — is critical to determining whether you’re eligible for damages from the wreck. Our Dallas motorcycle accident attorney will investigate who is liable for the accident. Then, the at-fault party will be obligated to compensate you for what their negligence put you through. In most cases, this party will be the driver who caused the accident.
Some common causes for motorcycle accidents include the following:
Another common cause of a motorcycle accident in Dallas could be the driver engaging in “lane splitting.” This is when the motorcyclist drives between two stopped or slowed traffic lanes. However, this practice is illegal in Texas, and you can face steep penalties if you do it.
If you were in a single-vehicle accident — that is, if another motorist wasn’t at fault for your accident — then there could be other factors responsible for your crash. Our motorcycle accident attorney in Dallas will look for negligence that may have led to your crash.
For example, we may investigate whether the Texas Department of Transportation was responsible if the roads themselves were hazardous. Or if something malfunctioned on your bike while riding it, then perhaps the manufacturer of the parts could be to blame for your motorcycle wreck.
We take your case seriously, and as your motorcycle accident lawyers, we conduct a thorough investigation into your case. We’ll do so by gathering evidence, such as:
When you choose Crain Brogdon, LLP as your Dallas motorcycle accident lawyer, you can rest easy knowing that we leave no stone unturned when building your case for damages.
Part of building a solid case for damages after your motorcycle accident is ensuring that you’re compliant with Texas laws regarding motorcycle use and safety.
The state requires that all bikes in Texas have specific specs, at minimum, for roadworthiness and safety. These include:
Your bike also must have a vehicle identification number. If you plan to have passengers, Texas requires certain modifications: You must have footrests or foot pegs for the passenger and a handhold or strap. Finally, any passenger must be at least five years old or older.
Texas doesn’t require all riders to wear a helmet, but our motorcycle accident attorney in Dallas will note that you should be compliant with the regulations surrounding wearing a helmet. Anyone under 21, whether a driver or a passenger, is required to wear a motorcycle helmet at all times. These helmets must meet federal safety standards.
Riders who are over age 21 and have at least $10,000 in motorcycle accident medical coverage may opt not to wear a helmet.
However, not all policies cover motorcycle accidents, and your primary auto policy may not have motorcycle-specific coverage. Instead, you may have to purchase a coverage plan specifically to cover motorcycle accident injuries. Riders are also required to have completed a motorcycle safety and training course.
If you meet these criteria and choose not to wear a helmet, you must carry proof of your training class completion and insurance.
While not having these is a violation that will get you a ticket and a fine, violating Texas motorcycle helmet laws is considered to be a non-moving violation. This means that an officer can’t stop you for not wearing a helmet, but if you’re pulled over for another traffic violation and you’re not compliant with the helmet regulations, then you’ll get an additional citation.
The moments right after a collision can be frightening, painful, and confusing. You’re likely hurt and worried about passengers or the other driver. Perhaps the last thing on your mind is hiring an attorney. However, following the proper protocol after an accident can help ensure that our Dallas motorcycle accident lawyer can build a strong case.
It can be tempting to yell at the other driver, especially if they were clearly at fault for the accident. If you’re badly hurt, it’s hard to be stoic, and it’s okay to scream or cry. However, remember that everything you say after an accident can be considered part of your case, so be careful when speaking to the other driver.
After you wreck, your body releases adrenaline, which can mask just how injured you actually are. You should always call 911 for treatment. Some soft tissue injuries don’t appear immediately, but EMTs are trained to recognize all types of motorcycle accident injuries.
Sometimes, the other driver may simply offer to swap insurance information and driver’s license details and try to avoid calling the police. However, it’s illegal not to report an accident that causes injury or significant damage.
Even if you don’t feel hurt or your bike doesn’t look damaged, you should still file a police report. This report establishes the accident’s conditions and assigns fault to the person who caused it. It’s an essential part of the case that our motorcycle accident lawyers will build.
A lawyer on our team will protect your interests and negotiate with the other party’s insurance company on your behalf. They’ll also ensure that you’re collecting the documentation needed to build a case for damages, such as medical reports and doctor’s evaluations about your condition.
As soon as you’re able, contact an experienced motorcycle accident attorney in Dallas from Crain Brogdon, LLP at 214-522-9404.
Many motorcycle drivers may assume that they don’t need to call a lawyer. Instead, they simply file a claim with the other party’s insurance company. However, this isn’t always the best move.
Insurance companies will try to pay as little as possible, as fast as possible, or they may even deny the claim outright. Plus, they may try to allege that you weren’t hurt as severely as you were, downplay the amount of damage to your bike, or even deny that you were hurt at all. An insurance company is not on your side, but our motorcycle accident lawyers are.
The insurance adjuster will likely try to reduce the amount they have to pay you, either by making a quick offer or by asking you for a statement describing how the motorcycle accident occurred. Although these seem harmless, they can be quite damaging for your case.
By asking you to make a statement, the insurer then has opportunity to use your words against you to make it seem as though you were at fault. This will allow them to settle your case for far less than you’re entitled to.
Never speak with the other party’s insurance company representatives without consulting our Dallas motorcycle accident lawyer.
A quick offer to settle can look tempting, especially if you’re going to be out of work to heal or are worried about how you’re going to pay for your medical bills. However, the insurer is relying on your giving in to this temptation and will have likely made you an offer that was significantly less than your claim is worth. That’s why we recommend asking our Dallas motorcycle accident attorney to handle negotiations with insurance companies.
You’re probably wondering what kind of damages our motorcycle accident lawyers will ask for. Or you’re trying to put a dollar amount on your injuries and pain and suffering.
Every accident and claim are different, but each one may have one or more types of damages included. Our attorney will try to put a figure on your claim based on the following factors:
Damages in a motorcycle accident case are broken down into three different categories.
These are monetary damages sustained because of your accident. They’re easy to quantify — tally up the cost of your repair bills, medical bills, and the time you missed from work to arrive at the figure. Our lawyer will ask for documentation for all of these.
These are commonly known as “pain and suffering” and include emotional and mental trauma after the accident. For example, non-economic damages compensate you for the loss of enjoyment in your life if you cannot enjoy the same activities you used to or if you’re in chronic pain.
Punitive damages are essentially a big fine or financial punishment. For example, suppose our motorcycle accident attorney in Dallas determines that the TDOT was grossly negligent and caused the unsafe road conditions that led to your accident. In that case, they may ask for punitive damages to deter the TDOT from creating hazardous road conditions in the future.
Even though these will be to your benefit, 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.
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 injury claim after a motorcycle accident.
This is why we’ve compiled a few of the most frequently asked questions we hear from our injured clients. If we haven’t addressed your question below, please contact our office to discuss your case in greater detail.
As long as you are twenty-one years of age or older, you are not legally obligated to wear a helmet when riding your motorcycle in Dallas and throughout Texas. 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.
Our attorney will work to protect your award by ensuring that your percentage of liability remains as minimal as possible.
You will still have 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 shouldn’t be held accountable for their negligent actions.
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 of the accident or from the date that your physician diagnosed you with an injury related to your involvement in the motorcycle wreck.
Filing a claim must be 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.
Unfortunately, motorcycle accidents can often be fatal. High speeds and the lack of protection that a driver in a car or a truck has means that the likelihood of fatal injuries in a crash is higher for those on a bike. If your loved one died in an accident, then we might file a wrongful death claim on your behalf. We may seek damages that include loss of companionship or loss of earning potential for a spouse.
If you are interested in discussing your bike case further with an experienced Dallas motorcycle accident lawyer at Crain Brogdon, LLP, schedule a consultation by giving us a call or completing the quick contact form we’ve included at the bottom of this page.
Get the compensation you deserve for your injuries. Trust us to handle you legal case while you heal. Contact us today at 214-522-9404 to schedule your free, no-obligation consultation.
”I couldn’t be happier with the way they handled my car accident case. Great lawyers and office staff.” – Mike Fallas (Google Review)
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]