How A Dallas Motorcycle Accident Attorney Makes A Difference
In recent years, the number of motorcycle accidents has reduced. Conversely, the death toll and injury rate have been on the rise for more than a decade.
Motorcycle crashes are generally caused by the negligence of the driver of a motor vehicle. If you’ve been injured in a motorcycle crash, a knowledgeable Dallas Motorcycle Accident Lawyer can ease the legal process for you by evaluating and gathering evidence.
There may be many different causes attributed to motorcycle collisions. If an individual is severely injured as a result of a motorcycle crash due to someone else’s negligence, they may be entitled to receive compensation.
What Is The Lifecycle Of A Motorcycle Accident Claim in Dallas?
Immediately after you’re involved in a motorcycle wreck, it is critical to take certain steps. A few important steps you must take after a motorcycle crash include:
- Speak to a competent Attorney: They will help you put together your case by determining the damages you are owed physically, mentally, and financially. They will negotiate with the insurance adjuster of the insurance company on your behalf to ensure nothing is left on the table.
- Avoid discussing the accident details with anyone: Do not discuss the details of your accident with anyone. It is critical to not reveal information that could hurt your case and minimize your chances to get the compensation you deserve.
- Be smart when negotiating with the insurance company: Insurance adjusters have a notorious reputation for intimidating parties in a motorcycle wreck to learn details that may prevent them from paying out policy limits. Be wary of individuals attempting to get you to overshare details of the incident or your injuries, because they may be used against you.
- Go for a medical check-up immediately: Seek medical help right away. In motorcycle crashes, victims can suffer severe or even fatal injuries. It is not uncommon for painful symptoms to first occur days or even weeks after the accident. After receiving initial treatment, be sure to follow up with any recommended specialists to further care for your injuries.
- Gather essential evidence: Keep a record of important documents, including photographs of your vehicle, accident scene and injuries, medical reports, and damages to your vehicle. A police report may also help your case, though it may not always be able to prove liability.
Following these steps will ensure that your rights are protected and that you do not harm your chances to get maximum recovery. A Dallas personal injury attorney can be your ally and will guide you in a thorough investigation of your case.
Damages You May Recover In Your Motorcycle Accident Claim
Motorcyclists must abide by the Motorcycle Laws and Regulations while operating a motorcycle. These laws are in place to ensure motorcycle riders take all precautions on the road.
Unfortunately, once you are hurt, insurance companies will do whatever they can to minimize your damages. Speak to a Dallas Motorcycle accident attorney if you need help communicating with other relevant parties for your individual case.
Economic damages and non-economic losses recoverable in personal injury cases can include:
- Past and future medical expenses
- Past and future pain and suffering
- Past and future lost wages
- Physical impairment
- Diminished earning capacity
- Permanent disfigurement
- Emotional distress
- Loss of consortium
- Loss of companionship
In addition, punitive damages may also be awarded in a motorcycle accident claim. They are meant to punish the at-fault party for engaging in negligent conduct. Examples of such are drunk driving or distracted driving.
In cases where the victim suffers from fatal injuries, survivors on behalf of the victim may pursue claims for wrongful deaths and other survival damages.
What Are The Major Causes Of Motorcycle Collisions?
Understanding common causes of a motorcycle collision could help prevent an avoidable collision. Being a cautious operator of a motorcycle will reduce your liability, if any, by taking defensive measures that would otherwise contribute to a serious accident.
The overall process of filing a claim and getting reimbursement for your medical bills and lost wages could be quite complicated and time-consuming.
Some common causes of motorcycle crashes include:
- Distracted driving
- Drunk driving
- Drug-impaired driving
- Drowsy driving
- Aggressive driving
- The driver may fail to see a motorcycle and collide with it
- The driver may fail to observe a motorcycle in a blind spot
- The driver is following too closely, causing rear-end collisions
- The driver fails to yield to the motorcyclist
- Dangerous roads and weather conditions
Even if you are partially liable for a motorcycle crash, a Dallas Motorcycle accident lawyer will help ensure that your fault is not a complete bar to recovery, as long as you are not more than 50 percent to blame for the accident.
Common Injuries Sustained By Motorcycle Crash Victims
In Dallas, more men and women are opting to ride motorcycles than ever before. Riding a motorcycle is more often than not a recreational activity – these individuals enjoy the ride and have fun while cruising on the open road.
Some of the common injuries that a victim may suffer in case of a motorcycle crash are amputations, broken bones, and burns caused due to friction. Individuals may also suffer from:
- Spinal cord injuries
- Neck injuries
- Back injuries
- Fractures
- Wrongful Death
- Brain Injury
Injuries in a motorcycle crash are often gruesome because the person does not have the protection of being inside a vehicle when the collision occurs, and are often thrown from the motorcycle due to the force of the crash.
Some motorcycle crashes could also result in extensive scarring, long-term muscle damage, nerve destruction, and soft tissue damage.
What Happens If The Driver Who Hit You Was Not Carrying Liability Insurance?
Liability Insurance is fundamental for every motorist in Dallas. However, many drivers fail to have it. Sometimes, drivers may have liability insurance but that limit is not enough to cover all the damages and injuries.
Therefore, in such circumstances, you can file a claim as per your uninsured/underinsured motorist (UM/UIM) coverage. In some situations, insurance companies do pay all of the amounts. However, it completely depends on the severity of your accident.
If You Were Not Wearing A Helmet While Riding, Can You File A Claim?
As per the rules of Texas DOT, a motorcyclist who is under 21 years of age must always wear a helmet while riding a bike. However, riders who are 21 or more can ride a bike without a helmet. They must have health insurance coverage for their safety in case they face a crash.
On estimation, 80% of the bikers who do not wear a helmet face catastrophic injuries, such as head injuries or even death, in crashes. However, if you were not wearing a helmet while riding a bike, you can still file a lawsuit against the driver who is at fault.
Do Motorcyclists Get More Injured in Comparison to Car Passengers?
The simple answer is yes. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders seem to die 28 times more in comparison to car occupants in 2020.
The injuries caused are also 4 times more in comparison to the car passengers. The total number of motorcyclists who got injured in 2020 was nearly 5,599. This data shows that motorcyclists are injured more and have increased chances of suffering from head injuries.
Need Legal Help? Contact A Dallas Motorcycle Accident Lawyer Today
Don’t go without legal help after something as serious as a motorcycle accident. It is imperative to hold all liable parties accountable, not just for your losses but to ensure that the same tragedy does not occur again. This is most likely the case in motorcycle collisions that are defective in their design or manufacture.
A personal injury lawyer will also help you file the lawsuit within the statute of limitations. The time for filing an injury claim in Texas is 2 years from the date when the crash occurred.
In any event, a Dallas motorcycle accident lawyer will thoroughly investigate your case if others are at fault for your injuries. They have a deep understanding of the rights owed to you, and they possess extensive experience in dealing with these types of tragic incidents. Contact us for a free case evaluation right away to find out more.