Motorcycles are a widely used means of transport, with millions traversing highways, urban streets, and country roads daily. However, they often go unnoticed by automobile drivers, complicating their integration on roads shared with personal vehicles and commercial trucks. Based on data from the U.S. Department of Transportation National Highway Traffic Safety Administration, motorcyclists are 35 times more at risk of being involved in a fatal accident than car passengers. Furthermore, around 11% of all road incidents across the U.S. are associated with motorcycles.
Legal Assistance for Motorcycle Accident Victims
If you were injured in a motorcycle accident at little to no fault of your own, it’s crucial to speak to a Houston motorcycle accident attorney as soon as possible. You are likely entitled to significant legal compensation. Lawyers with expertise in motorcycle accidents from Fleming Law are skilled at ensuring drivers at fault are held responsible for the injuries they inflict. They can guide you in understanding your legal rights and assist you in exploring the various legal avenues available to you.
Determining Fault in a Motorcycle Accident
In most personal injury cases, including those involving motorcycle accidents, the plaintiff must demonstrate that the driver at fault acted negligently. Negligence in legal terms refers to a situation where an individual fails to take sufficient precautions to prevent causing harm to others. To establish the negligence of the at-fault driver, your lawyer will rely on various types of evidence, such as:
- Reports from the police detailing the accident
- Records of medical treatments received due to the accident
- Photographs taken at the accident scene
- Video recordings of the accident from surveillance or traffic cameras
- Results of blood-alcohol content (BAC) and toxicology tests
- Physical evidence like damaged motorcycle helmets and wreckage from the vehicles involved
- Statements from credible witnesses and experts
- Logs from cell phones, GPS devices, and traffic signals.
Typical Injuries Resulting from Motorcycle Accidents
Despite the use of helmets and other safety equipment, motorcyclists face a high risk of severe or even fatal injuries when they get into a vehicular accident. The types of injuries commonly observed in motorcycle accidents include:
- Bone injuries, such as dislocations, fractures, and breaks
- Loss of limb or amputation
- Lacerations and puncture injuries
- Strains, sprains, and tears of soft tissues
- Permanent marks and disfigurement due to scarring
- Skin injuries like “road rash” and other types of burns
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs), which can lead to complete or partial paralysis
- Post-traumatic stress disorder (PTSD), a psychological condition that can occur after a traumatic event.
Potential Reimbursements in a Motorcycle Accident Lawsuit
If you can effectively demonstrate the liability of the party at fault for your injuries, the court may mandate them to compensate you. The exact amount of compensation can vary, depending on the severity of your injuries and losses. However, you could be entitled to recover both economic and non-economic damages. This could include:
- Expenses related to medical treatment and rehabilitation following the accident
- Additional out-of-pocket costs, such as travel expenses for medical appointments
- Lost wages due to bed rest while recovering from accident
- Diminished earning potential as a result of long-term disabilities
- Compensation for physical pain and suffering endured
- Compensation for permanent disfigurement
- Compensation for a reduced quality of life
- Compensation for emotional distress and trauma.
Deadline for Filing A Motorcycle Accident Claim
Under Texas law, those injured in an accident have a two-year window from the date of the incident to initiate a lawsuit against the party at fault. Failing to meet this deadline typically results in the loss of your right to pursue compensation in court. Adhering to this two-year timeframe is crucial, even if you’re not planning on filing a lawsuit. This is because the potential of a court case often serves as your primary bargaining chip when negotiating a settlement outside of court.
Role of a Personal Injury Lawyer Following a Motorcycle Accident
Personal injury cases can be intricate, and it’s the responsibility of your attorney to advocate for your legal rights and navigate the path to compensation, avoiding any potential obstacles. It’s crucial to remember that your attorney has a legal and professional obligation to prioritize your best interests. At Fleming Law, we take this duty to heart. Our legal team can assist you after a motorcycle accident by:
- Ensuring you are fully aware of your legal rights and potential options
- Identifying all potential avenues for compensation related to your injuries
- Carrying out an independent investigation into the motorcycle accident
- Gathering medical records, accident reports, and other crucial evidence to support your claim
- Interviewing witnesses and experts to obtain valuable testimonies
- Handling case documents, legal filings, and deadlines
- Liaising with insurance companies and other relevant parties on your behalf
- Negotiating assertively to secure the highest possible settlement
- Representing you in court and at trial if a satisfactory settlement cannot be achieved.
Conclusion
Motorcycle accidents can be devastating, causing life-threatening or long-term injuries. The right legal assistance can make a significant difference in the aftermath of such an event. If you were injured in a motorcycle accident in Houston, click here to contact a motorcycle accident lawyer at Fleming Law to learn about your legal rights and options. With a vast year of experience as a motorcyclist and a personal injury attorney, Fleming Law is intimately familiar with the specific hazards motorcyclist’s encounter.
We at Fleming Law has a proven track record of securing substantial financial settlements for several Houston motorcyclists who have been victims of accidents. Fleming Law and his dedicated team understand how to pursue the highest possible compensation for you if you sustain injuries while riding your motorcycle.