Motorcycle Accident Lawyer Dallas, TX
When you need a motorcycle accident lawyer in Dallas, TX that residents rely on, you need to take action quickly if you want to improve your chances of obtaining the best settlement offer. Motorcycle accidents are unfortunately a common occurrence on the road. Their excessive speeds and small size make motorcyclists especially prone to accidents. The injuries can be severe or even fatal. When you need legal assistance after an accident, you can reach out to a trusted lawyer like one from Brandy Austin Law Firm, PLLC for specialized legal services. They can examine your claim so that they can develop the strategies to secure the best possible compensation amount.
Motorcycle Accident Lawyer in Dallas, TX
At Brandy Austin Law Firm, PLLC, clients can expect to receive the best quality legal services to help them navigate difficult legal situations. With their years of experience in many different areas of law, they have successfully helped clients obtain the compensation that they deserve. Life after an accident can be exceptionally difficult, so we want to offer our services and support to help. Reach out to a trusted lawyer and schedule a consultation now so that you can obtain legal help and get started.
Motorcycle Accident Scenarios
As a highly experienced motorcycle accident lawyer in Dallas, TX knows, there are a variety of scenarios that can result in an accident. Because of their small size and the lack of protective barriers on a motorcycle, accidents are quite common. Distracted driving and failing to obey traffic signs are common causes of accidents. Scenarios that often result in motorcycle accidents include:
- Speeding. Motorcyclists can reach high speeds and can accelerate quickly. Some cyclists however underestimate how well they can control the motorcycle, and often lose control when they try to turn at a high speed.
- Failing to stop at intersections. Some motorcyclists will try to beat a red light because of a motorcycle’s fast acceleration.
- Failing to yield to drivers or pedestrians. Motorcyclists who are driving too fast can strike drivers or pedestrians in their way.
- Making improper turns. Dangerous unprotected left turns can result in accidents. When drivers are turning left and see an oncoming motorcycle, they may attempt to turn. However, they may misjudge the speed of a motorcycle and strike the cyclist, resulting in a T-bone collision.
- Lane splitting. The practice of lane splitting is when motorcyclists occupy the space between two lanes to move past other vehicles. This is legal in some states, but must be done with caution because some drivers do not see cyclists coming in time. Unfortunately, it is a common cause of accidents.
- Driving under the influence. Using drugs or alcohol is especially dangerous when riding a motorcycle as the cyclist has far less protection coupled with a far faster vehicle.
- Distracted driving. Distracted driving can encompass anything from eating and drinking to texting, changing the radio, etc. While it’s more difficult for cyclists to engage in such behavior, other drivers engaging in these activities can still cause accidents.
- Driver’s fatigue. When we hear driver’s fatigue we tend to think more so of truck drivers who are nine hours into a 12+ hour shift. However, driver’s fatigue can happen to anyone and can cause an accident.
A motorcycle accident lawyer in Dallas, TX is ready to offer personalized legal assistance if you have been involved in a motorcycle accident. Accidents can change your life, not only causing you serious physical and emotional harm, but financial difficulties as well. Paying for the sudden and many expenses that an accident brings brings incredible hardship, and for many people it is the start of their issues. With the help and support that a motorcycle accident lawyer can provide, you don’t need to go through the experience alone. Contact a competent and trusted lawyer like one at Brandy Austin Law Firm, PLLC to guide you throughout the claims process.
Why services does a motorcycle accident lawyer offer?
A motorcycle accident lawyer who serves Dallas, TX clients offers a variety of valuable legal services. They can offer legal advice, answer questions about your legal rights, determine strategies to help you achieve the best possible case outcome, and represent you in court if your case needs to go to trial. On top of their personalized services, they can lend their emotional support while you recover from your injuries, helping you to move forward in your life. Set up a consultation with a trusted lawyer now so you can discuss your case details and find the best steps to take.
Why should I hire a motorcycle accident lawyer?
Having a lawyer to support you at your side when you are dealing with a case brings many advantages. You do not have to deal with the stress and pressure of handling your case alone, and a lawyer can offer you guidance every step of the way. They can answer your questions, review your paperwork, and keep you from making mistakes that can harm your case. One of the biggest benefits of hiring a lawyer is that you are more likely to earn a higher settlement amount.
What are common motorcycle accident injuries?
Common injuries that victims of motorcycle accidents suffer from include fractures, road rash, broken bones, bruises, head injuries and leg injuries. Blunt force trauma is a common injury for victims who were thrown off a motorcycle. These injuries are often severe and require extensive medical treatment.
What are common causes of motorcycle accidents?
Many motorcycle accidents are caused by distracted driving or reckless driving. One party is not paying attention to the road and the other drivers around them. Speed, obstacles on the road and poor weather conditions are also factors in many accidents.
How is fault determined?
A lawyer will do an investigation to see which parties are involved, and who can be held liable for causing the accident. The lawyer will determine fault by reviewing the laws and examining records like police reports, video footage and witness testimony. The amount of compensation you can claim depends on the state’s fault laws, so a lawyer will review them to see how they are applied to your case. Schedule a consultation with a trusted motorcycle accident lawyer in Dallas, TX now if you are interested in filing a claim.
Common Questions About Motorcycle Accidents in Texas
Making smart decisions can help you get the compensation you deserve following a motorcycle accident. Whether you have been injured because of another vehicle or you’ve been accused of contributing to an accident, getting trustworthy answers is important to protect your interests. At Brandy Austin Law Firm, PLLC, we can help you know what steps to take next. Here are some common questions and answers about motorcycle accidents in Texas.
Should You Call the Police If You’ve Been in a Motorcycle Accident?
Calling the police is a good idea, especially if anyone has been injured in the accident. Having a police report as evidence can help a motorcycle accident lawyer in Dallas TX represent you more effectively. Without this evidence, insurance companies often try to deny coverage or reduce the amount of compensation.
Another reason to contact the police is to have an outside account of what happened. Without it, other drivers can make up any claim they want and it’s their word against yours. Don’t let anyone pressure you, and don’t accept any type of payment or sign any documents for the other driver.
Is It OK To Contact Your Insurance Company After an Accident?
Yes, you need to call your insurer to inform them that you’ve been in an accident. Don’t volunteer more information than necessary, however. Don’t admit fault in the accident at all. Contact a lawyer at the Brandy Austin Law Firm, PLLC right away to get advice on what you should and shouldn’t tell your insurance company.
What Type of Evidence Should You Gather From the Scene?
If you’re bleeding or need emergency medical care, that should be your priority. Call 911 if needed. You can always have your motorcycle accident lawyer in Dallas TX gather evidence for you. Just make sure to contact your lawyer as soon as possible after the accident.
If you feel up to it, you can gather evidence of the accident while waiting for the police to arrive. Photos or videos can help. Here’s what to record:
- Condition of your vehicle
- Location of the other vehicle
- Intersection or area where the accident happened
- License plate and description of the other person’s vehicle
- Your injuries
- Injuries of any family members with you
Don’t forget to get the other driver’s full name, contact information, insurance information and driver’s license number. If you have time, you can also write down the names of any witnesses nearby. Your motorcycle accident lawyer in Dallas TX may interview these witnesses later if your case goes to court.
Motorcycle Safety and Accidents: The Do’s and Don’ts
Do Watch Other Vehicles
Every driver should be mindful about sharing the road. However, motorcycles are much more difficult to see due to their size and speed. If you are riding a bike, you should always watch the vehicles around you. Even if you have the right away, taking a few extra seconds to check traffic can help prevent accidents. In the event of a mishap, a motorcycle accident lawyer in Dallas TX, can assist you in determining the at-fault driver.
Do Know Your Limits
Being honest about your limits can help keep you protected. Limitations may apply to your experience or motorcycle. Newer drivers may want to avoid riding at night, in heavy traffic, and at high speeds. The style and weight of your bike may also affect the conditions you should be driving in. If a situation pushes your limits and makes you uncomfortable, it may be best to remove yourself from it.
Do Wear the Right Gear
Sometimes you cannot prevent mishaps or the need for a motorcycle accident lawyer in Dallas TX. However, you can stay safer by wearing the appropriate gear. No matter the length of your ride, you should always wear a helmet. Close-toed shoes, pants, long sleeves, and gloves are also smart choices. Medical fees related to motorcycle accidents can quickly become astronomical, but donning proper attire can keep them down. Brandy Austin Law Firm, PLLC, may be able to assist you with expenses.
Don’t Drive While Distracted
Distracted driving is most commonly associated with cars and trucks, but it can apply to motorcycles. You should avoid adjusting your radio, GPS, or cellphone while on the road. Unfocused drivers commonly have variable speeds, drifting, and poor posture. If a distracted driver hits you, a motorcycle accident lawyer in Dallas TX, may be able to help you with your case.
Don’t Start to Panic
You should try not to panic if you are involved in a risky situation or accident. Panicking can affect your judgment and reaction times. It is best to stay calm, take detailed notes of the situation, and talk to the proper authorities.
Don’t Forget Your Rights
In the event of a motorcycle accident, don’t forget that you have rights. Brandy Austin Law Firm, PLLC, may assist you with learning about and employing those liberties. If you plan to speak with a lawyer, be prepared to discuss road conditions, involved parties, injuries, damages, and insurance claims.
What are Type of Damages in Personal Injury Cases?
If you slip and fall on another’s property or sustain injuries in a car accident because of another driver’s negligence, you could qualify for compensation from the at-fault party. In legal terms, such compensation is called “damages.” Your personal injury lawyer in Dallas TX, from Brandy Austin Law Firm, PLLC, can help you understand which damages you qualify for, but it makes sense to get a basic idea of the different damage types.
General Compensatory Damages
If you incurred non-monetary expenses because of your personal injury, you could qualify for general compensatory damages. These damages compensate victims for “general” or “typical” harm endured in an injury. Examples of general compensatory damages include loss of companionship or consortium, pain and suffering, and mental anguish. Other than your personal injury lawyer in Dallas, TX, you may want to speak with a mental health professional to determine if your personal injury caused mental or emotional harm, which could entitle you to damages.
Special Compensatory Damages
With special compensatory damages, personal injury victims receive compensation for financial expenses owed to an injury. The goal of these damages is to restore you financially for the money you lost or expenses you incurred because of another person’s negligence. Common examples of special compensatory damages include healthcare bills, loss of earnings, cost of future medical care, loss of future earnings and household expenses.
Wrongful Death Damages
Some personal injuries result in fatalities, which may entitle surviving spouses, families or loved ones to wrongful death damages. Such damages compensate parties for the price of pre-death health care, burial and funeral expenses, loss of monetary contribution, surviving loved one’s and relative’s emotional distress, and loss of support and services. A legal representative from Brandy Austin Law Firm, PLLC, may help surviving loved ones and family members pursue and collect wrongful death damages.
When at-fault parties display reprehensible or contemptible behavior that harms others, personal injury plaintiffs may qualify for punitive damages. Unlike other damages, punitive damages punish severely irresponsible plaintiffs and serve as a warning to others who may commit similar acts. Criminal acts in which a person may qualify for punitive damages include sexual assault, aggravated battery and fraudulent acts that cause widespread monetary harm.
You deserve to receive full compensation for the harm you suffered at another’s hands. By working with an experienced and reputable lawyer, you stand a better chance of recovering every penny of damages the defendant owes you.
How a Motorcycle Lawyer Can Help You After an Accident
After a motorcycle accident, you may be confused about what to do next. Reaching out to a lawyer immediately ensures that your rights are protected, and insurance or injury claims get filed correctly. Depending on the accident, you may wish to proceed in a few different ways. Here are some situations that a motorcycle accident lawyer in Dallas TX can help you through.
Filing an Insurance Claim
In the days immediately following a motorcycle accident, you must contact your insurance company and provide them with all the information collected at the scene. They can then begin working with the other driver’s insurance company to collect compensation for any damages or injuries you sustained.
While your insurance company may be able to process a claim on your behalf, having a motorcycle accident lawyer in Dallas TX ensures that you get everything you’re entitled to. Sometimes the other driver may only carry a minimal amount of liability insurance or might not have any coverage at all, in which case you are stuck paying your repair and medical bills. In situations such as these, a lawyer from Brandy Austin Law Firm, PLLC can help you file a lawsuit against the other driver or their insurance company.
Seeking Damages in a Lawsuit
If the at-fault driver doesn’t have insurance and you have sustained injuries and want to collect on the loss of your vehicle, you may need to file a lawsuit against them. A motorcycle accident lawyer in Dallas TX can sit down with you and help determine what compensation you are eligible for. This may include paying for motorcycle repair or replacement, reimbursement for your medical bills and pain and suffering due to injury and lost wages. Once your attorney determines the amount of the lawsuit, they can file the case on your behalf.
Accepting a Settlement
If the other party wants to avoid going to court, they may be willing to settle with you. Have an attorney from Brandy Austin Law Firm, PLLC assist you with this process ensures that your rights for compensation are protected.
Going To Trial
If the other party doesn’t want to settle the case, you may have to go to trial. A motorcycle accident lawyer in Dallas TX must prove that the other driver’s negligence contributed to the accident during the trial. An experienced attorney knows how to go through these court procedures to get you the amount of compensation you are entitled to.
Representing You if You Are At Fault
After an accident investigation, it’s possible that authorities may hold you partially or entirely responsible. If you are an at-fault driver in an accident, seeking advice from a motorcycle accident lawyer in Dallas TX is a smart idea. They can review the documentation and ensure there aren’t any questions about who caused the accident. If you are partially at fault, they can help you determine how you can still get compensation for the damages and injuries you sustained and protect your rights if another driver includes you in their lawsuit. If you get sued, an attorney represents you and your best interests in court to ensure the other party doesn’t seek damages beyond what they qualify for.
How Long Does a Motorcycle Accident Case Take?
Unfortunately, there isn’t a set timeline for how long it takes to resolve a motorcycle accident case. Factors that may delay the case can include:
- Serious injuries that need medical attention and hospitalization.
- Insurance companies that are unwilling to admit fault and pay/or unwilling to offer adequate compensation.
- Several drivers are involved in the case: while most of the time there will only be two parties involved, sometimes there can be multiple drivers involved. For example, one driver could cut off another driver resulting in that driver swerving and then hitting a motorcycle. In such a scenario there may need to be communications and negotiations between different parties as well as their lawyers and insurance companies.
Since there can be a multitude of variables there is no specific answer. However, most accidents are settled before they go to court as a trial can be costly and most parties would prefer to settle even if they don’t believe they are at fault. With this in mind, most cases take anywhere between six months to 18 months.
How Much Does a Motorcycle Accident Lawyer Cost?
When it comes to personal injury cases such as motorcycle accidents the form of payment is usually a bit different than other legal cases. While it’s generally normal in cases such as a divorce to pay a lawyer hourly on top of paying a retainer, in personal injury cases many lawyers accept payment in the form of a contingency fee. A contingency fee is essentially an agreement between both parties that the lawyer will be paid a certain percentage of the final settlement or court award.
The logic behind this is that especially after following an accident, most clients don’t have the ability to pay out of pocket. As such, this contingency fee allows a lawyer to temporary work for free. Although a contingency fee can rise up to around 30%, working with a motorcycle accident lawyer means you’ll be able to build a stronger case and receive the compensation you deserve. This option is especially a good choice if the insurance company is refusing to settle or offering compensation that doesn’t even come close to covering everything.
Hire a Qualified Personal Injury Lawyer
You can stay safe on the road and reduce your risk of getting in an accident in several ways. Follow posted traffic signs and always be aware of your surroundings so that you avoid causing a collision.
If you have been injured in a motorcycle accident, a skilled lawyer can help you. Call an experienced motorcycle accident lawyer that Dallas, TX area residents turn to for exceptional legal help.
Common Misconceptions About Motorcycle Accidents
While riding on a motorcycle on a warm and sunny day may be a blast, it can be dangerous if proper precautions aren’t taken. Many motorcycle accidents occur every year on Texas roads, but they’re still widely misunderstood. Here are some common misconceptions about motorcycle accidents that you shouldn’t believe.
- It’s possible to perform lane splitting safely. This just isn’t true. In fact, as a motorcycle accident lawyer in Dallas, TX can confirm, lane splitting is one of the most common causes of motorcycle accidents. It occurs when a motorcyclist rides a motorcycle between clearly marked lines and is very dangerous. If you split traffic lanes, you can get too close to vehicles and reduce their reaction times.
- Speeding is safer on motorcycles. Some motorcyclists may enjoy the thrill of the open road and are tempted to go above the speed limit. However, this is very dangerous. The truth is that speeding can actually be more dangerous for motorcyclists because they don’t have the protection of a vehicle. To reduce the risk of getting into an accident, always go the speed limit.
- There’s no point in wearing a helmet. A helmet might not be able to prevent a motorcycle accident from happening, but it may prevent a serious head injury. Motorcyclists who wear helmets are much more likely to survive an accident than motorcyclists who don’t.
- Riding on city streets is safer than riding on highways. At first, it might seem like traveling at lower speeds on city streets is less dangerous than riding a motorcycle on a highway. However, riding a motorcycle on city streets can actually be more dangerous, as there is cross traffic, driveways, and other hazards.
- Hiring a motorcycle accident lawyer is too expensive. Unfortunately, some motorcyclists avoid hiring a motorcycle accident lawyer following an accident because they assume they can’t afford one. However, like other personal injury lawyers, most motorcycle accident lawyers work on a contingency fee. This means that they only get paid if their client wins their case. Therefore, you don’t have to worry about paying your lawyer any money upfront.
- Motorists always see motorcyclists. Although motorcycles tend to be loud, some motorists are inattentive and may miss them. That’s why it’s critical to drive your motorcycle defensively and not to assume that motorists can see you.
A Fun But Dangerous Hobby
Texas has many motorcycle enthusiasts. Unfortunately, motorcycle riding can be extremely dangerous. While riding is a popular hobby due to the temperate climate, the terrain, and the abundance of motorcycle groups, bikers and motorists alike are urged to take extra precautions. There are far too many people killed in motorcycle accidents each year and those that do survive are often left with permanent and debilitating disabilities. If you or a loved one has been injured in a crash, contact a motorcycle accident lawyer in Dallas TX for legal assistance.
Motorcycle Accidents in Texas
According to the Texas Department of Transportation (TDOT), on average, a motorcyclist is killed in a crash on Texas roads every day, with more than 450 victims killed each year. Motorcycle accidents are responsible for more than 10 percent of all traffic fatalities each year in Texas. Almost 2,000 victims are left seriously injured.
A Dallas TX motorcycle accident lawyer knows that some of the most common contributing factors in crashes include:
- Road conditions, such as poor lighting, potholes, or loose gravel, which make skidding more likely
- Weather conditions, such as rain or fog, which make roads slick and decrease visibility
- Traffic conditions, which can increase the risk of crashes involving other motorists
- Reckless behaviors, such as speeding, distracted driving, or driving under the influence, on the part of one or both drivers
Regardless of the causes, the fact is that motorcyclists often suffer the brunt of harm when accidents do occur. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclist deaths occur 27 times more frequently than other traffic fatalities. With little to protect them in collisions with motor vehicles, they are more likely to suffer serious and potentially life-threatening injuries, such as those to the head, back, neck, or abdomen, which can result in internal bleeding and damage to body organs.
Protecting Yourself on the Roads
While you cannot control the weather, traffic, or driving behaviors of other motorists, there are steps you can take to protect yourself on the roads. The NHTSA recommends the following:
- Choose the right size bike. Avoid going for ‘too much motorcycle’, such as one that is too big or too advanced, making it more difficult to handle.
- Wear your helmet. Motorcyclists are required by law to wear a helmet and to provide one for their passengers. Wearing one can reduce your injury risks by more than half.
- Take a safety class. New and experienced bikers are encouraged to brush up on their skills by taking a motorcycle safety class offered through the California Highway Patrol.
Contact Our Firm for Legal Help
The costs of being injured in a motorcycle accident can be staggering, with long-term medical expenses, lost income from being able to work while recovering, pain and suffering, scarring, disfigurement, disability, and more. Call Brandy Austin Law Firm, PLLC to meet with a Dallas TX motorcycle accident lawyer and find out what legal options you may have.