Have you been the victim of a motorcycle accident?
If you have been involved in a motorcycle accident and suffered losses, you can seek fair compensation from the at-fault party. Our Houston motorcycle accident attorneys have helped clients like you seek damages and obtain a fair settlement as quickly as possible. Call us now to discuss your claim in a free one-on-one session with our attorneys. Here at Calhoun Meredith, our ultimate goal is to make sure that the responsible party pays for your accident-related losses.
Most motorcycle accidents result in catastrophic injuries . This is simply due to the vast difference in size between motorcycles and other vehicles on the road, such as passenger SUVs and pickup trucks. A motorcyclist is also not as protected as other motorists. So the slightest imbalance or collision can result in serious consequences for it.
Gathering evidence and seeking legal advice after such accidents should be a priority.
When filing a motorcycle accident claim in Houston, Texas, it is important to understand the various aspects of such a claim and to have a capable motorcycle accident attorney on your side.
Common Motorcycle Accident Injuries, Houston
As with all other types of accidents, those involving motorcycles result in various types of injuries (even life-threatening). A traumatic brain injury is almost always part of this list. Typically, these damages manifest as health care costs, financial losses, and loss of quality of life.
Any team of experienced motorcycle accident legal and personal injury lawyers in Houston, Texas could help victims of such incidents, and even help seek punitive damages in serious cases.
Here is an overview of some common motorcycle accident injuries :
Head and neck injuries
Most motorcycle accidents result in the rider being ejected from the vehicle. In such a scenario, the pilot's head is the most vulnerable part. Head injuries are quite common in incidents where the motorcyclist is not wearing a helmet at the time of the accident. A serious head injury can cause severe brain trauma or disabilities (temporary or permanent); Head injuries are the leading cause of motorcycle accident deaths. If a motorcyclist was not wearing a helmet when the accident occurred, the insurance company may use this as an excuse to deny the claim. However, a good motorcycle injury lawyer can still help you with your claim.
spinal cord injuries
A serious motorcycle accident can also result in spinal cord injuries . These injuries occur when the impact of the accident occurs to the rear of the cyclist. Damage to the spinal cord can cause serious medical problems, including partial or complete paralysis.
Broken bones
Even in less serious accidents involving motorcycles, you can suffer broken bones in the leg, shoulder, rib, or other areas of the body. The severity of the injury may depend on your position on the body and other factors such as whether you wear protective equipment or not. Broken bones can take time to heal and cause debilitating pain. By seeking economic damages for such injuries, you may also be able to recover compensation for pain and suffering.
muscle damage
This is the least serious type of injury that you can sustain in a motorcycle accident. Muscle damage can be in any area of the body, although whiplash is the most common in accidents involving sudden impact collisions. Injuries such as whiplash can cause intense pain in the muscle mass. Pain and damages suffered are also recoverable in the case of such injuries.
Common Causes of Motorcycle Accidents in Houston
Accidents involving motorcycles and other motor vehicles can be caused by the negligence of the driver of the vehicle, the motorcyclist, or both.
These are the most common causes that typically contribute to an accident like this:
accelerations
A speeding motorist (common in Houston) may not spot a motorcycle in time to avoid a collision. This happens when the driver is speeding through an intersection or through a turn. A speeding motorcyclist can also cause the accident. The slightest error in judgment can cause the two-wheel drive to lose balance, throw the rider and cause serious injury.
left turns
When a motorcyclist is in the driver's blind spot, the driver will not see you. This can often cause drivers to make a left turn without noticing the driver behind them. When this is the case, the motorcycle ends up colliding with the vehicle, usually on one of the sides. If the collision occurs at high speed, which is often the case, it can be fatal to the pilot. Even when it is not fatal, the motorcyclist will almost certainly suffer serious injuries.
lane changes
Lane changes can cause wreckage involving motorcycles. Lane change accidents also occur when the motorcyclist is in the driver's blind spot. The driver does not see the pilot and changes lanes which can lead to a collision with the motorcyclist.
sudden braking
If a vehicle in front of a motorcycle suddenly brakes, the person on the motorcycle may not be able to slow down in time. This causes the motorcycle to crash into the rear of the vehicle. Sudden stops are a common cause of serious motorcycle accidents.
Open doors
In denser urban center areas like Houston Texas, open doors are another cause. When a driver suddenly opens the door of a vehicle on the street, a motorcyclist behind may be caught off guard. The collision can cause serious injury, especially to the motorcyclist.
As noted above, accidents involving motorcyclists can be caused by the negligence of either or both parties. You may be able to recover fair compensation even when you are partly at fault, thanks to Texas personal injury laws .
While the money will not make the pain go away, nor will it compensate for the loss of enjoyment of life, or the loss of consortium, it will be helpful in stabilizing your financial situation.
This is why you should consult a good Houston motorcycle accident lawyer after an accident to see if you have a valid claim, and to pursue a motorcycle accident lawsuit if necessary.
What is the modified rule of comparative negligence in bicycle accident claims?
Any car accident can have one or more responsible parties. When more than one party is held responsible, the percentage of negligence is distributed among all parties. This is known as comparative negligence and compares the responsible part of the fault with the other.
For example, if you were speeding on a motorcycle, and a car driver ignored a red signal, the resulting collision is the fault of both parties. However, the degree of fault of both negligent parties differs. Like the motorcyclist, your degree of fault is less, while the motorist's negligence is more serious. A court can then distribute fault between you and the motorist in a 10%/90% ratio. The actual distribution depends on several factors.
In its pure form, comparative negligence allows you to recover compensation even when you are 99% at fault. Some states use modified forms of the rule.
Texas also has a modified comparative negligence rule that applies in personal injury cases, including motorcycle accident claims. This rule states that you can recover damages in a personal injury case as long as your percentage of fault is not above 50%. If your degree of fault is 51% or more, the law prohibits you from seeking any compensation.
Once your degree of fault in motorcycle accidents has been determined and is below 51%, the court will cut your damages in proportion to your fault.
So if you are 10% at fault and your damages were assessed at $10,000, you will receive $9,000. Similarly, if your damages were assessed at $20,000 and your degree of fault is determined to be 40%, you will receive only $12,000 as a settlement.
When a motorcycle accident claim is filed , insurers will go to great lengths to exaggerate their degree of fault. This is done to either deny your claim entirely or to pay the minimum amount of compensation. The actual estimates of the degree of fault directly influence your negotiations according to the insurer.
It is helpful to have the assistance of personal injury attorneys at this stage to discuss money with the insurer on terms acceptable to you.
How to prove negligence in a motorcycle accident in Houston?
In order to prove negligence in any accident involving motorcycles, four legal elements must be met. If all four elements are proven, negligence is established. These include duty of care, breach of care, causation, and loss.
The first of these steps is "duty of care," which is the legal liability that other motorists owe you and you owe them. For example, a driver has a legal responsibility to follow traffic laws and drive safely.
When the driver fails to comply with this duty, this constitutes a breach. Examples of such violations include running a red light, driving under the influence, speeding, reckless driving, street racing, and virtually any other behavior that endangers other motorists.
Once you show that the other driver was at fault, it is time to show that this violation directly caused the accident. The existence of a violation alone is not sufficient for a personal injury claim. For example, in Houston, if a driver ran a red light, this alone is not enough to implicate the driver in a personal injury case. You must also show that ignoring the red light directly caused the accident.
In this way, causation is established, and this part is important in building a strong narrative for the insurance company.
One of the final elements of accident negligence is proving that you have suffered losses as a result of the accident. If an accident occurs, but you suffer no or very little loss, then you do not have a valid personal injury claim. You must be able to show that you suffered substantial losses, in the form of injury-related medical bills, lost wages, property damage, and other types of losses.
It is only when all four elements of negligence can be satisfied that the legal fault of the other driver is established.
Filing a Motorcycle Accident Claim in Houston, Texas
Texas is an "at-fault" state when it comes to traffic accidents, including those involving motorcycles. This means that the party at fault (your insurance company) must pay for the damages caused in an accident. So, if you have suffered losses in a motorcycle accident, the person responsible for causing it is obligated to pay compensation.
In most cases, you will need to file the claim with the at-fault driver's insurance company. It is then up to the insurer to review the claim and, with this, proceed accordingly.
Most insurance companies are not willing to honor personal injury claims (including wrongful death claims ) after car accidents. This is particularly so if the company can find a reason to object. For example, if you were not wearing a helmet when the accident occurred, the company may cite that as an objection. Similarly, the adjuster may argue that you were speeding at the time, or were distracted.
An insurance adjuster could raise a variety of other objections. These tactics are typically used to make people feel like their claims are worthless, and then to make you a counter offer that is much less than what you demanded.
When you are filing the claim and interacting with the insurance company on your own, you may never know how much your claim was actually worth. It is only when you hire a lawyer that you have the opportunity to win a good amount of money on the settlement.
Why Hire a Houston Motorcycle Accident Lawyer?
Being in a motorcycle accident in Houston Texas can be a harrowing experience for even the most resilient of people. In addition to the pain and suffering from injuries, clients also have to deal with high medical costs. Injuries can leave you bedridden for days, weeks, or even months. This means that you would also have to suffer from lost wages which can further strain your financial situation.
In the midst of all this, the steps to seek compensatory damages from the insurance adjuster can be difficult. The process of filing an insurance claim, getting the evidence to support it, contacting the insurer and negotiating with the company can be quite daunting. It takes a long time, and without legal experience, you may not be able to pull it off successfully.
This is where rocky law firms like Calhoun Meredith, PLLC come in. With many decades of experience between our attorneys, we can help motorcycle accident victims get fair treatment. We know how to streamline the process of filing a claim and dealing with insurance companies.
Our motorcycle accident lawyers also understand the common tactics used by insurers. This allows us to counteract the company and negotiate without surprises so that we can come to a fair deal for you. If you have a valid claim, but the company refuses to honor it, we can help you win legitimate financial compensation through a personal injury lawsuit in a court of law.
Call us today to discuss your claim with our attorneys in a free consultation session!
