Motorcycle accidents often result in catastrophic injuries. According to data from the Texas Department of Transportation (TxDOT), 501 motorcyclists were killed in crashes in the state in just one recent year. Many thousands more people suffered serious, sometimes permanent injuries –including head and other serious injuries – in these wrecks.
How Motorcycle Accidents Are Different
Motorcycle accident cases share some similarities — and also some very important distinctions — with other car accidents and truck accidents.
Texas is a fault-based accident state. When a crash occurs, the negligent party — meaning the party who was responsible for causing the accident — can be held legally liable. Injured victims have a right to seek full and fair financial compensation for their damages. This is true in all types of traffic accident cases.
While the basic laws are the same, motorcycle accidents are also different from other auto accidents. To start, they are far more likely to result in serious injuries or in fatalities for riders. When a serious accident occurs, it is imperative that victims seek professional legal representation.
Another important difference is how they happen. Some of the most common causes in Texas include:
- Unsafe lane changes by drivers
- Vehicles making left-turns in front of a motorcycle
- Road hazards, which are a far greater threat to motorcycles
As motorcyclists face some unique challenges in the personal injury claims process, it is crucial that they are represented by a lawyer who is truly qualified to handle their case and who can fight to protect their interests. Top-rated Houston motorcycle accident attorney Andrew Seerden is prepared to help.
Compensation for Motorcycle Accident Victims
Under Texas law, injured motorcyclists may be eligible to seek financial relief for direct monetary losses and for any intangible damages. Under Texas Motorcycle state laws, a negligent driver and their insurance company should be held liable for the full value of a victim’s losses. Unfortunately, in practice, it is challenging for injured motorcyclists to recover the full and fair financial relief that they deserve under the law.
As a former insurance company defense lawyer, Andrew Seerden understands exactly how these companies operate. He knows what needs to be done and how to present a case to hold the big insurers accountable.
If you were injured, Mr. Seerden is prepared to take action to help you maximize your compensation. Depending on the specific nature of your accident, you may be entitled to receive money damages for:
- Emergency room treatment
- Other medical bills
- Ambulance fees
- Prescription drug costs
- Physical therapy and rehabilitation
- Loss of income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Permanent disability
- Loss of lifestyle enjoyment
- Wrongful death damages
- Motorcycle repair or replacement
Motorcycle accident victims deserve full and fair financial compensation without any unreasonable delay. In many cases, injury claims can be settled out of court. If the insurance company refuses to offer a fair settlement, Andrew Seerden is prepared to hold them responsible through a personal injury lawsuit.
What If the Driver and Insurance Company Are Blaming Me?
If you are being blamed for an accident, it is crucial that you take immediate steps to protect your rights and interests. Texas is a modified comparative fault state. Under Texas law, defendants will be held responsible for their share of the blame for an accident.
As an example, imagine that you were involved in a motorcycle crash with another driver on Interstate 10, while traveling just outside of Houston. In the aftermath, there is some confusion over who was at fault for this crash. You need a Houston motorcycle accident attorney. The apportionment of fault will directly affect your ability to recover financial compensation.
To better understand how this works, assume that you suffered $20,000 in total damages in the motorcycle wreck. If you were found to be at fault for 0 percent of the accident, you are entitled to seek the full $20,000 through a personal injury claim. However, if you are found to be at fault for 30 percent of the accident, your compensation would be reduced accordingly. In other words, the value of your claim would be reduced by 30 percent, in this case, by $6,000, from $20,000 down to $14,000.
Even worse, if you were found to be at fault for 60 percent of the accident, you would get nothing. This is because Texas has a 51 percent statutory bar of recovery. Accident victims can seek financial compensation from another party only if they are deemed at fault for 50 percent of a crash or less. If you are determined to be at fault for the majority of a motorcycle accident, 51 percent or more, you will be legally barred from bringing a personal injury claim.
The bottom line: The assignment of fault matters. If you are unfairly assessed even a small amount of blame for a motorcycle crash, it could take many thousands of dollars out of your pocket. Never accept fault simply because another driver or their insurance company is trying to pin the accident on you. Get help from a top-rated Texas attorney who can protect your rights.
What to Do After a Motorcycle Accident in Houston
The scene of a crash can be hectic and overwhelming. Unfortunately, injured victims sometimes make mistakes in the minutes, hours, and days after their crash that could potentially undermine their own legal rights.
Following a serious motorcycle crash in Southeast Texas, you need to be ready to take action. Victims should always do the following four things:
- Seek Emergency Medical Attention. If you need emergency attention, call 911 and take the ambulance to the nearest hospital. Now is not the time to act tough. Emergency medical needs always come first. Even if you do not need emergency care, you still need to see a doctor as soon as possible after a motorcycle collision. You may be more injured than you realize. Motorcycle crash injuries often come with a delayed onset, and the adrenaline produced by the chaos can temporarily mask the pain.
- Report the Crash to the Police. As noted by the Texas Department of Motor Vehicles, an accident that results in any injury or in at least $1,000 in collective property loss should be reported. It is generally in your best interest to ensure that a police officer responds to the scene of your crash to draft an accident report.
- Secure Important Evidence. If a dispute arises over your injury claim, you will want to have access to comprehensive evidence. The more evidence that you can secure at the crash scene, the better off you will be. Among other important types of evidence, you should try your best to take photographs of the wreck, get the information for all other drivers involved in the accident, and obtain contact information for any witnesses. Ask someone on scene to do it for you if you aren’t able.
- Contact a Personal Injury Lawyer. If you sustained a significant injury in the crash, you were forced to miss time at work, or suffered other major losses, it is imperative that you consult with an experienced attorney immediately. Your attorney will protect your rights while you focus on getting better.
What You Need to Know About Dealing with Insurance Companies After a Crash
If you were injured, you need to be prepared to deal with the insurance company. You may have to work with both your own insurance provider and with one or more insurance companies for others involved in the crash. The most important thing that you need to know about insurance companies is that they are for-profit institutions that are looking out for their own financial interests – not yours.
You cannot rely on an insurance adjuster for effective guidance in the personal injury claims process. The insurance adjuster’s job is to protect their employer — not you.
Before launching his own law firm to fight for the rights of the people, Andrew Seerden represented large insurance companies. He knows exactly how the biggest insurers in Texas handle claims. Don’t go up against the big insurance companies on your own. When dealing with the insurance company, please keep the following four tips in mind:
- Do Not Admit or Accept Fault. Insurance companies try to get victims to admit or accept partial fault. Never admit or accept fault for a crash. It is not your job to decide who was to blame for a collision. Let your lawyer sort that issue out.
- Avoid Giving a Recorded Statement. Often, insurers try to make contact with a victim relatively soon after a crash. A friendly sounding and generally disarming representative may even ask you to answer some questions or to give a recorded statement. You should not make any statements to an insurance adjuster before speaking to a lawyer. The goal of the insurance company is to look for information that can be used against you in the claims process.
- Do Not Sign Anything Without a Review. It is not a good idea to sign documents from an insurance company without first getting them reviewed by a lawyer. Even so-called “standard” procedures — such as a request for your medical records — may be a strategy to find an excuse to deny your claim or reduce your settlement offer.
- Always Work Through Motorcycle Accident Lawyers. The most important thing that you need to know about dealing with insurance companies is that you should seek professional representation. The best way to protect your rights is to handle the insurance company through a personal injury lawyer.
Statute of Limitations on Motorcycle Accident Claims in Texas
Injured victims must file their legal claim prior to the applicable statutory deadline. This deadline is called the statute of limitation.
Under Texas law, the statute of limitations for a motorcycle accident lawsuit is generally two years from the date of the crash. If you do not file your claim before the statute of limitations expires, you will almost certainly be prevented from bringing a motorcycle lawsuit.
There is no reason to wait to take action. Get a lawyer by your side as early in the personal injury claims process as possible. Your lawyer will ensure that you meet all required deadlines and that you have assembled a strong, compelling legal case.
Contact Our Houston Motorcycle Accident Attorneys Today
At Seerden Law Firm, PLLC, our attorney is standing by, ready to fight for your rights. Andrew Seerden will personally handle every aspect of your personal injury claim.
If you or your loved one was injured in a motorcycle crash, please do not hesitate to contact us for a free, fully confidential initial consultation. With an office in Houston, we represent motorcycle accident victims in Harris County and throughout the state of Texas.
Featured Motorcycle Accidents FAQs
Featured Motorcycle Accident FAQs
For Personal Injury Cases: You don’t pay anything unless we recover money for you. In almost every personal injury case, we work for a percentage of the settlement or judgment. Our fee is 33 1/3% if the case settles without litigation or 40% with litigation (once a lawsuit is filed). We pay for court costs and other reasonable and necessary expenses and deduct these amounts from the client’s portion of any recovery. If there is no recovery, you do not owe us any case costs or expenses.
For Business Litigations & Consumer Cases: We are open to different fee structures including pure contingency, flat fee, hourly, and different combinations thereof. We are willing to discuss options to make our services most cost effective to you or your business.
In a personal injury case, you are generally entitled to money damages for past and future medical bills, lost wages, earning capacity, pain and suffering, disfigurement, disability, impairment, loss of quality of life and other damages. This list of damages is a general listing. Some may not apply to your claim and there may be others that do apply which are not listed here.
Because insurance companies and corporations are in business to make a profit and they will likely not offer you a fair settlement without an attorney. You cannot get a fair settlement unless you know how much your claim is really worth. It is not the claims adjuster’s job to tell you how to get the most from him. It’s his/her job to pay you the least you will take so as to save the company money.
While the basic laws are the same, motorcycle accidents are also different from other auto accidents. To start, they are far more likely to result in serious injuries or in fatalities for riders. When a serious accident occurs, it is imperative that victims seek professional legal representation.
If you are being blamed for an accident, it is crucial that you take immediate steps to protect your rights and interests. Texas is a modified comparative fault state. Under Texas law, defendants will be held responsible for their share of the blame for an accident.
