Motorcycle riders know firsthand how enjoyable and convenient it can be to ride a bike. But most riders are also fully aware of the risks they face from careless or reckless motorists who fail to share the road with motorcyclists safely. If you have been hurt in a crash while riding your motorcycle, you may be entitled to pursue compensation from the party at fault for your injuries. Hire a Fort Worth motorcycle accident lawyer from The Wilhite Law Firm for your personal injury claims.
The Fort Worth motorcycle crash lawyers at The Wilhite Law Firm can help you hold those responsible for your motorcycle crash injuries accountable. Our law firm always strives to provide compassionate, attentive client service and legal representation so that you can rest assured that your rights, interests, and needs are being looked after.
Contact our lawyers today for a free, no-obligation case evaluation. With an attorney, you can learn about your legal options for pursuing the recovery of your medical expenses, lost wages, pain and suffering, and other losses you have endured. We’ll help you determine the best path forward.
Do You Have a Motorcycle Accident Claim?
If another person’s careless or reckless behavior caused the motorcycle accident that injured you, you can fight to hold them liable for the losses you have suffered as a result. In Texas, the at-fault party is liable for an accident victim’s resulting financial and personal losses. So, if you can prove that another driver or another party caused the motorcycle accident victims, and that you consequently suffered losses, you can pursue a motorcycle accident claim.
What Makes Motorcycle Accident Cases So Complex?
Motorcycle accident cases can turn out to be much more complicated than your average auto accident claim. As we have seen through the years at The Wilhite Law Firm, some of the factors that can make motorcycle accident cases so complex include:
More severe injuries – Since motorcycle riders are completely exposed in a collision, riders tend to suffer more severe injuries than passengers in other vehicles. As a result, riders tend to incur far greater expenses and losses in accidents. Because more money is on the line, getting the full compensation they are owed can be more challenging. Also, a rider who suffers severe injuries in an accident might still be undergoing treatment when pursuing settlement negotiations. So the rider will need to take their future expected expenses and losses into account.
Inadequate insurance coverage – Because riders may be entitled to greater compensation for severe injuries sustained in a motorcycle accident, they face a greater chance that the other driver responsible for the accident may not have sufficient liability insurance coverage to fully compensate the rider for their losses. When this occurs, a rider may have a more complex case that involves pursuing compensation from their own insurance company through uninsured/underinsured motorist benefits.
At-fault drivers and insurers sometimes attempt to avoid liability – Finally, some at-fault drivers and their insurance companies try to avoid liability for a motorcycle crash by trying to pin the blame for the accident on the rider themselves. A driver may claim that the rider was speeding or weaving in and out of traffic, relying on popular stereotypes about motorcycle riders. If this happens, a rider and their attorney may have a more difficult case, as they will need to obtain evidence refuting the other side’s claims.
Proving Fault After a Motorcycle Accident
To prove who should be held at fault for a crash in Fort Worth, our experienced motorcycle accident lawyers will investigate the wreck to recover and review evidence, such as:
Why You Need a Motorcycle Accident Attorney to Handle Your Case
When you have been hurt in a motorcycle crash, it can be challenging to recover the full compensation you need and deserve. At-fault drivers and insurance companies often try to pin the blame for the crash on the motorcycle driver or injured rider to avoid liability.
A Fort Worth motorcycle accident attorney can help with your case by:
Discussing your legal rights and options and the civil claims process with you
Investigating the facts and circumstances of the crash to recover evidence we can use to prove your claim for compensation
Identifying at-fault parties and potential sources of compensation
Filing your claim to compensation with the at-fault party’s insurance company and negotiating skillfully for a fair settlement, even when the other side tries to argue that you bear some or all of the blame for the crash
Pursuing your case in court, including going to trial, if necessary, to fight for the best possible result in your case
How Much Is My Motorcycle Crash Case Worth?
After you have been injured in a motorcycle crash, you may be entitled to recover compensation for expenses and losses you have incurred from brain injuries, including:
Time Limit for Filing a Motorcycle Accident Lawsuit
In Texas, the statute of limitations generally gives you only two years from the date of a motorcycle accident to file a lawsuit against the driver or other party at fault. If you don’t file your lawsuit within the window provided by the statute of limitations, your case will likely be permanently dismissed by the court.
Common Injuries in Motorcycle Crashes
A motorcycle rider may have little protection from an accident beyond wearing a helmet or knee and elbow pads. As a result, riders often suffer from serious injuries or even life-threatening injuries.
Following are some of the most frequent questions we receive from our experienced motorcycle accident lawyer in Fort Worth clients at our firm:
In Texas, motorcycle riders age 21 and older can skip wearing a helmet while riding so long as the rider has completed a motorcycle operator training course and has a medical insurance policy that covers injuries sustained in a motorcycle accident. Although you may not have broken the law by not wearing a helmet, the compensation you can recover for injuries suffered in a motorcycle accident (especially head injuries or traumatic brain injuries) may be affected by your failure to wear a helmet.
Texas follows a modified comparative negligence rule, which states that you can still pursue compensation as long as your share of fault for an injury is not greater than the share of fault of the party you are seeking compensation from. However, any compensation you might be entitled to will be reduced in proportion to your share of fault.
By not wearing a helmet, an insurance company or a jury may find that you bear some share of fault for any head or brain injuries you sustained, reducing the compensation you can recover for those injuries.
If you were hit by an uninsured driver, you may still have the option to recover compensation for your injuries and losses if you have uninsured motorist coverage as part of your motorcycle insurance policy. With uninsured motorist coverage, your insurer steps into the shoes of the insurance provider that the at-fault driver should have had.
You may be contacted by an adjuster from your insurance company or the insurance company of the other driver to provide a statement for the insurance claim. You should decline to speak to an insurance adjuster until you have had a chance to talk to a Fort Worth motorcycle accident lawyer from The Wilhite Law Firm.
Unfortunately, insurance adjusters may try to use any statements or information you provide against you, taking things you say out of context to argue that you bear some or all the fault for the accident and your injuries. A motorcycle accident lawyer can handle communications with the insurance companies on your behalf so that you can rest assured that your rights and interests are protected.
At The Wilhite Law Firm, our Fort Worth motorcycle accident lawyers represent injured riders on a contingency-fee basis. In a contingency-fee arrangement, you do not not need to pay any money upfront to hire us. Instead, we are paid only if we secure compensation for you through a negotiated settlement or a trial. We are then paid an agreed-upon percentage of the total compensation that we recover on your behalf.
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