Dallas Motorcycle Lawyer: Know your legal rights, understand compensation options, and find the right attorney after a motorcycle accident.
A motorcycle crash can make a normal day stressful. You might have injuries; you might have medical bills; you might have damage to your motorcycle; and you might have to deal with insurance companies. Knowing what to do next can be challenging because of all of this. If you are looking for a Dallas motorcycle accident attorney, then you probably need some type of legal advice, information about your rights, or representation in filing an accident claim.
The purpose of this article is to provide information on the role of motorcycle accident lawyers; the potential types of compensation that could be obtained; and how to select a lawyer in Dallas, TX, within the area of Personal Law.
Understanding Motorcycle Accident Laws and Claims
Before you decide whether or not to hire a Dallas motorcycle accident lawyer, it is important to know how the laws apply when there has been a motorcycle accident. If the accident was caused by someone, you have the right to sue them. This is referred to as a “tort” claim.
There are several elements required to prove a tort claim.
- First, you must show that the defendant had a duty of care to protect you from harm.
- Second, you must demonstrate that the defendant breached this duty of care.
- Third, you must establish that the breach of duty was the proximate cause of your injuries.
- Fourth, you must prove that you suffered damages as a result of those injuries.
If you meet all four of these criteria, then you can likely recover monetary compensation for your losses.
Determining Fault in a Motorcycle Accident
The first step in filing a tort claim is to determine who is at fault for the accident. Fault is usually determined based upon who violated a traffic law or ordinance.
For instance, if you were driving too fast and struck another vehicle, you would be deemed responsible for the crash. Conversely, if you were waiting at a red traffic signal and another driver drove through the red traffic signal causing a collision with your car, the other driver would be deemed responsible.
Finding out what kind of damages you are entitled to in order to make up for your loss is the next step after identifying the person or people responsible for the collision.
Types of Compensation Available
The damages from a personal injury claim will generally be in one of the following categories: economic damages or non-economic damages.
- The term “economic damages” refers to those damages which represent actual financial losses. Examples of such losses include medical care costs; loss of income due to inability to work; and damage to personal property.
- The non-economic damages are the financial losses associated with intangible elements, such as the pain and suffering caused by an injury; the emotional distress resulting from an incident; and the loss of the relationship or companionship with a spouse/partner.
In selecting an attorney, you will want to select an attorney that is knowledgeable about personal injury law. In general, personal injury attorneys assist victims of accidents in obtaining damages.
You will also want to select an attorney that has experience working with clients that have sustained severe injuries. Attorneys who represent clients with serious injuries often have greater access to experts who can testify on behalf of their clients.
Lastly, you should choose an attorney who is willing to work on a contingency fee basis. Contingency fees allow attorneys to take a percentage of whatever amount is recovered for the client as payment for services rendered. The lawyer is not paid for their services if the client does not get any money back.
What Does a Dallas Attorney for Motorcycle Accidents Do?
Dallas Motorcycle Accident Lawyers Will Answer All Your Questions Regarding Negligence, Insurance Coverage, And Liability. Your Dallas Motorcycle Accident Lawyer Will Investigate The Collision, Collect Evidence, Work With Your Insurance Company To Process A Claim, Negotiate Settlements, And File A Lawsuit If Necessary.
If for instance, a motorist turns left in front of a motorcycle rider, then denies being at fault for the accident; there are numerous ways to prove who caused the accident including but not limited to:
- Witness statements
- Photographs of the scene of the accident
- A crash report from the police department that responded to the accident
- Possibly any available video footage of the accident
An experienced lawyer can help determine what happened by reviewing all of the evidence and then presenting possible courses of action. Hiring a lawyer would be especially helpful if you suffered a severe injury, both parties disagree about who caused the accident, or if an insurance company has offered you a settlement that you don’t understand.
Types of Motorcycle Accidents
Motorcycle accident cases can be broken down into three categories based upon what caused the collision. These are:
- Collisions involving a vehicle and a motorcyclist
- Collisions involving two vehicles, one of which is a motorcycle
- Collisions where the driver lost control of the motorcycle
Collisions Involving Vehicles and Motorcyclists
The first kind of collision that usually happens between motorcyclists and cars or trucks is when the car collides with the back of the motorcycle. When an automobile strikes the rear of a motorcycle, the rider will usually suffer head injuries or spinal cord injuries.
A second common form of collision involving automobiles and motorcycles occurs when the driver of an automobile turns left in front of the motorcycle. When a driver of an automobile makes a fast left turn across the path of a motorcycle, the motorcycle rider can collide with the side of the automobile and be thrown from the motorcycle.
Finally, there is also the possibility that an automobile will sideswipe a motorcycle while passing. When an automobile sideswipes a motorcycle, the rider will likely fall to the ground.
Two-vehicle collisions (one of which is a motorcycle)
One of the most common types of collisions that occur between motorcycles and other vehicles is when both parties are traveling in the same direction and one of the vehicles tries to make a lane change. If the person attempting to change lanes does not see the other vehicle, they will likely strike the other vehicle.
Another common type of collision that occurs between motorcycles and other vehicles is when they approach an intersection at approximately the same time. If neither driver yields right-of-way, they will likely collide.
There are also many instances where a motorcyclist will run off the road due to poor visibility, such as during rain storms, fog, or snow.
Finally, there is also the possibility that a motorcyclist will lose control of his/her motorcycle because of mechanical problems.
Collisions Where the Driver Lost Control of the Motorcycle
Many motorcycle accidents occur because the rider simply lost control of his/her motorcycle. This can happen for several reasons including being distracted by something else, losing balance, or going too fast.
In addition, riders often lose control of their motorcycles if they attempt to avoid hitting another object or animal in the roadway.
Lastly, there are many instances where a motorcyclist loses control of his/her motorcycle because of bad weather conditions. These include rain, ice, snow, and wind.
Common Causes of Motorcycle Accident Claims
Motorcycle accident claims are made based upon:
- Distracted driving
- Unsafe lane changes
- Speeding
- Failure to yield
- Left turn accidents
- Poor road conditions
Responsibility for an accident can be determined based upon the particular facts surrounding the incident. The types of available evidence will vary from case to case; however, examples include:
- Photographs
- Medical records
- Witness statements
- Vehicle damage
- Police reports
What Should You Do After Being in a Motorcycle Accident?
Taking some action following an accident will help you maintain your well being and protect any critical evidence.
- Seek medical help immediately.
You should seek medical help immediately. Nothing is more important than your physical health; regardless of how trivial you think your injury may be, you must have it evaluated by a specialist.
- Submit a formal accident report.
In addition to submitting a formal report of your accident, you will also need to comply with the relevant reporting guidelines and gather any available crash reports.
- Document the accident scene.
You should write down what you can observe. If you are able to take pictures of the cars, what the road conditions were like, and any noticeable injuries that occurred during the accident, then please do so.
- Keep all relevant documents.
The best way to document your claim is to save every piece of paper you receive that relates to the accident. This includes repair estimates, medical bills, receipts for items purchased due to the accident, and letters sent to or from the insurance company.
- Be careful with settlements.
You need to be very careful with the way you use settlements. Always make sure you know what the conditions are before signing a settlement release.
- Seek professional legal advice.
When you need the help of a lawyer, it is strongly advised that you get competent legal guidance. A lawyer can inform you about your potential legal remedies, as well as how much time you have to take action regarding each option.
How much can I get paid?
In general, depending upon how the incident occurred, a motorcyclist injured in a collision could seek reimbursement for:
- All of his or her medical costs
- Future medical care costs
- Lost income
- Loss of earnings ability
- Pain and suffering
- Emotional distress
- The cost of repairing the damaged motorcycle
However, payment of damages cannot be assured. This will rely on the evidence presented, the extent of your injuries, the person who caused the accident, the insurance you had at the time, and the applicable laws.
The laws that govern motorcycle accidents in the state of Texas.
The way that Texas negligence laws are written will determine whether an injured motorcyclist will receive compensation for their injuries.
Under the Texas Civil Practice & Remedies Code Chapter 33, a claimant cannot recover any damages when they were found to be more than 50% responsible for the accident. However, if the claimant is found to be less than 50% at fault for the accident, they may still be entitled to damages, however the amount of damages may be lowered depending on how much of the fault was attributed to them.
Most of the time, Texas has a two year limit for filing most personal injury law suits. However, there are some exceptions and additional requirements when it comes to claims against government agencies. Regarding your particular circumstance, please get in touch with a certified Texas lawyer as soon as you can.. You can check the official Texas Civil Practice and Remedies Code for the relevant statutes.
How much will a dallas motorcycle accident attorney cost?
varied law firms have varied payment arrangements; some will pay their attorneys on a contingency fee basis. Contingency fees are usually based upon the size of the recovery.
Prior to hiring a lawyer, inquire as to whether there will be any costs associated with:
- The initial interview/consultation
- The portion of the recovery that the lawyer will receive (contingency)
- Additional costs associated with the litigation
- How much you are required to pay the lawyer regardless of whether you win or lose the case
- What occurs when your claim fails
In addition, review the written fee agreement provided by the attorney rather than making assumptions regarding the similarity of all law firms’ fee structures.
The Process of Selecting Your Attorney
The process of selecting a lawyer goes beyond simply searching for one on-line. The following are a few things you should consider:
- Experience: Ask about the experience in handling motorcycle accident claims.
- Professional Qualifications: Verify professional qualifications and any disciplinary actions (if applicable) for the professional.
- Client Reviews: Search out legitimate comments regarding the way you communicate with clients and handle cases.
- Contract and Expenses: Make sure you have read and comprehended your contract’s conditions as well as any potential extra expenses.
- Honest Advice: A good choice would be someone who can explain your options to you honestly, and not make promises of specific results.
In addition to comparing attorneys through directories and reviews, you should independently verify important claims.
FAQs
When should I consult with a motorcycle accident attorney?
You may wish to consult with a motorcycle accident attorney if you are involved in a collision and believe that you were not at fault for the incident.
You may wish to seek legal counsel immediately if you suffer from severe injury, dispute who caused the accident, or are experiencing difficulties with your insurance company.
What is the value of my claim?
Value is determined by loss documentation, loss of income due to injuries, responsibility for the accident, and potential insurance limits. There is no standard value for a personal injury claim.
Will my case go to trial in a court room?
The issue at hand is whether your case will go to trial in a court room.
The decision of which avenue to take for resolving a dispute, either through negotiation or litigation, depends on each individual case.
What should I bring to my appointment?
You need to bring along some basic details about yourself (name, address, phone number), a short description of the issues you wish to address at the time of your appointment, and any other pertinent documents that may help the practitioner evaluate your condition (medical records, health insurance information, etc.).
Please provide me with copies of all of the following:
- Crash reports
- Photographs
- Medical records
- Insurance documents
- Any other relevant communications
Key Takings
When looking for the best Dallas motorcycle accident lawyer, it’s essential to understand what you need from them as well as how to evaluate each option. In addition to being able to explain all costs associated with their services, they should also have a good reputation for providing quality service to clients. Additionally, they will be able to provide you with examples of past cases that they successfully represented. It’s important to document as much as possible regarding the incident (i.e., take pictures), receive immediate medical attention, and obtain an understanding of your legal rights as soon as possible after the accident.
A professional lawyer may assist with your understanding of the claim process, as well as help make decisions regarding future action.
Additional Resources
- State Bar of Texas Lawyer Referral Service: Helps readers find lawyer referral services when searching for a qualified Dallas motorcycle accident attorney.
- Texas Department of Insurance: Auto Insurance Guide: Provides consumer guidance on insurance coverage, accident claims, and dealing with insurers.
- Texas Department of Transportation: Motorcycle Safety: Offers Texas-specific motorcycle safety information and resources relevant to accident prevention.