Experienced Motorcycle Accident Attorneys Serving Clients In Houston
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Motorcycle accidents can be quite severe given the fewer protection occupants of motorcycles can enjoy than car occupants. Victims of motorcycle accidents are more likely to suffer serious injuries and extreme physical pains, as well as emotional distress. The resulting mounting medical bills can be daunting for many.
For this reason, you need to get the compensation you are entitled to. This will help in alleviating the impacts of the accidents while speeding your financial and physical recovery. You can get all the help you need by reaching out to our Houston motorcycle accident attorneys at Take That To Trial. We will take you through the process that can get you the compensation you deserve.
Common Causes Of Motorcycle Accidents
It must be stressed that motorcycles are more inherently unstable than trucks and cars. Riding motorcycles also requires more coordination and skills to operate. Be that as it may, most motorcycle accidents are not the cyclist's fault. It should be noted that many precautions can prevent accidents. Sadly, many motorcyclists are often inattentive and collisions can result from their negligence. Common causes of motorcycle accidents in Houston are introduced as follows:
Cars turning left into the paths of motorcycles going straight
Cars sideswiping motorcycles when they change lanes
Wet road surfaces
Uneven road surfaces
Poor weather conditions
Objects or debris in the roadway
Our attorney at Take That To Trial will try to understand the causes of the accident to gather the right evidence you need to make your motorcycle accident compensation claim.
How You Can Protect Your Interest After Motorcycle Accidents
The possibility of a serious injury makes it important to understand the necessary decisions you should take to protect your interest while getting the compensation you are entitled to. Keep reading to learn more!
Medical Treatment Should Be a Priority
The first course of action after a motorcycle accident is to get examined and all relevant medical care. It is important to follow any medical advice while making sure that you can attend appointments with physical therapists and doctors.
It must be stressed that the shock of motorcycle accidents can mask pains and injuries, which may start becoming apparent after several hours or days. The lack of medical attention can worsen the effects of these injuries suffered during the collision. What more?
By diligently following your doctor's recommendation, you can abide by the best path to recovery. Moreover, medical records will give the liable driver's insurance company fewer premises to contend the extent of your injuries. This will help your compensation claim.
Be Careful of Insurance Companies
You should also be wary of insurance companies and their tricks anytime you deal with them. Even though you must report any motorcycle accident you may have been involved in to your insurer as quickly as possible, there is no reason for you to make any statement to an adjuster.
You should always remember that insurance companies will only try to undercut the amount of compensation you deserve. Even if an adjuster from the liable driver tries to reach out to you, ensure that you decline the approach and speak to our attorney at Take That To Trial as soon as possible. Making a recorded statement without an attorney can undermine your compensation claim.
Get a Copy of the Police Report
The course of action is to call 911 immediately after the crash. The responding officer will interview all parties involved in the crash. If you are unable to respond at the site to the accident and you are taken to the hospital, the officer will take your statement once you can answer questions.
The responding officer will create a report. As soon as the incident report is complete, you must obtain a copy. This report will state numerous key details of what actually happened in the collision, including:
The date and approximate time of the crash
The name(s) of the driver(s) involved
The location of the accident
Lighting, weather, and road conditions
A drawn diagram of the accident
Year, license plate number, and model of the vehicles involved in the crash
Statements from those involved in the accident
Citations and arrests (if applicable)
Preliminary conclusions concerning fault
By reaching out to our top attorneys at Take That To Trial, we will be able to determine the police officer who investigated the collision while getting a copy of the police report on your behalf as you continue your recovery process.
Hire an Attorney
One of the most important steps you must take any time you are involved in a motorcycle accident is to hire an attorney. You need legal representation to maintain a significant advantage. After all, you should never attempt to represent yourself, especially if you have no background knowledge of personal injury law. Leave that to the experts!
When you have our experienced attorneys at Take That To Trial by your side, rest assured that your rights will be protected. Some key aspects that our motorcycle accident lawyer will handle for you include:
Figuring out who is at fault
Investigating the accident to determine how it happened
Gathering evidence while interviewing witnesses
Employing experts to help with the assessment of your injuries, accident reconstruction, and more.
Accounting for all damages you have sustained as a result of the motorcycle accident
Negotiating a settlement with the insurance company
Filing a lawsuit and taking your case to trial if necessary.
It should be stressed that not all motorcycle accidents will go to trial. By hiring our attorney, we can help you make a strong case to get the right settlement you deserve to complete your financial and physical processes.
Common Injuries in a Motorcycle Accident
As mentioned earlier, motorcyclists can rely on significantly less protection than drivers and occupants of cars and other motor vehicles. It should be noted that wearing a heavy jacket, a helmet, and protective gear will not render you immune to a serious injury in a motorcycle accident, especially when traveling at high speeds. Some common injuries that victims may suffer in a motorcycle collision are listed as follows:
Bone fractures and dislocation
Traumatic brain injury
“Road rash” (severe abrasions to the skin)
Spinal cord injury
Neck and back injuries
Degloving injuries (where skin and blood cells are torn away, leaving underlying tissue exposed)
Soft tissue damage
Even at relatively slow speeds, the outcome of a collision can be quite severe.
Is It Possible to Suffer Post Traumatic Stress Disorder (PTSD) From a Motorcycle Accident?
The high likelihood of physical injuries in motorcycle accidents cannot be stressed enough. In addition to this, victims of these severe injuries can suffer psychological trauma. Post Traumatic Stress Disorder is a very serious mental issue that injured victims of a motorcycle accident may suffer.
This mental disorder may result in unstable behavior and some symptoms to pay attention to include:
Flashbacks that involve victims “reliving” the accident
Unwanted memories and thoughts of the collision
Extreme fear response
Elevated alertness and anticipation of danger
Difficulty with concentration
Being withdrawn from relatives and daily activities
The symptoms of PTSD are not restricted to psychological health issues. Some common results of motorcycle crashes related to PTSD include trouble sleeping, becoming impulsive or reckless, alcohol or drug abuse, and exhibiting aggressive behavior, among other behaviors.
If you are involved in a motorcycle accident in Houston, it is essential you take care of your physical and mental health. At Take That To Trial, you get the necessary assistance you need to fight for the compensation you deserve to work through issues like depression, anxiety, and more.
Texas Motorcycle Laws: the Essential Rules That Riders Should Know
Like every other state in the United States, the vehicles on public roadways are regulated. There are certain rules that motorcyclists must follow, much like other motorists. However, these depend on certain Texas laws that are applicable to the operation of motorcycles.
Significant legal penalties can result when a cyclist fails to abide by these laws. However, some of the most important motorcycle laws in the state are introduced as follows:
Motorcycles and other vehicles in Texas are subject to annual inspection at an Official Motor Vehicle Inspection Station. A motorcycle that passes will have a certificate of completion placed on the rear license plate. This certificate will be valid for one year from the month of inspection.
According to Texas law, all motorcyclists under the age of 21 must wear a helmet. Also, if you are above the age of 21, Texas law demands that you wear a helmet unless you satisfy any of these exceptions:
If you have completed a state-approved motorcycle safety course
You are confident of having an insurance plan that would cover your healthcare costs if you are involved in a motorcycle accident.
It should be stressed that the current Texas motorcycle law restricts law enforcement officers from stopping a person just to determine if any of the aforementioned exceptions applied to them.
Even though certain motorcyclists in the state of Texas are allowed to ride without the use of a helmet, doing so is never the best course of action.
Lane Splitting is Illegal in Texas
The maneuverability of motorcycles represents one of their most attractive features. Many cyclists make the most of their vehicle size, as well as their maneuverability, to go in between lanes just to move faster than the traffic flow. This is regarded as lane splitting and is illegal in the state of Texas.
If you get injured in an accident while engaging in lane splitting, getting compensation for your losses will be very difficult. After all, you were in violation of state rules before you got injured. Furthermore, you are also exposed to the possibility of receiving heavy tickets while also adding points to your license.
For this reason, obeying all Texas laws regarding lane splitting will prevent traffic violations, injuries, and fines.
Texas Requires Motorcyclists to Have a Specific License
If you are looking to operate motorcycles on public roads in Texas, it is important that you receive a special license that is popularly regarded as a “Class M License.” While it is important to satisfy all requirements to obtain a regular driver's license, acquiring a Class M License demands that you enroll in a safety course, which is supported by the Texas Department of Public Safety. Then, you should present proof of completion as you secure the license. Having a valid motorcycle license in a different state can get this safety course condition waived.
It is important that motorcycles should have proof of insurance during registration, inspection, and anytime they obtain a Texas Official Driver's License.
In Texas, it is important to note that no person under the age of five years is allowed to be on a motorcycle as a passenger. It is obligatory for passengers on a motorcycle between the age of five and 21 years old to wear a helmet for protection.
Furthermore, any passengers above the age of 21 may decide not to wear a helmet on a motorcycle once the driver has satisfied all requirements.
Riders of motorcycles may only park their bikes in the disabled parking spaces if they have obtained the appropriate authorization while attaching a disabled license plate or windshield placard to the motorcycle.
It is against the law in Texas for motorcyclists to park in striped areas near handicap parking spaces just because their bikes are smaller in size than regular passenger cars. Also, parking in any other similar “Do Not Stop” areas of pavement is prohibited. Riders may not park their motorcycle on sidewalks as well.
Protection is essential anytime you are riding a motorcycle. This is not restricted to the use of helmets. Protective clothing can go a long way to prevent serious motorcycle injuries. Besides this, it also renders protection against the everyday risk of riding a motorcycle. Some of the importance of embracing protective clothing include:
Blocking out sunburn
Protection against rain
Protection against dehydration
Protection against cold
Enhancing visibility and comfort
Some important rules with respect to protective clothing are:
Low-heeled footwear should cover the ankle without any dangling rings or laces. Footwear can provide a good grip on the road.
By wearing gloves, you can protect the hands from blisters, cuts and bruises, cold, and wind. This also provides a better grip for control.
Bright-colored clothes should fit comfortably witching binding and can resist abrasions. They can also increase visibility to other drivers.
Rain suits are great for rainy weather.
How Motorcycle Accident Claims Work
Oftentimes, many people often think you may have to file a lawsuit immediately after a motorcycle crash. However, in reality, there may be no need for filing suit.
Negotiating a Settlement for a Motorcycle Accident
As soon as you identify the responsible parties, the next course of action is to bring a claim against the insurance company of the party at fault. The claim should contain a letter that outlines the situation of the crash, how the party is at fault, and the required compensation being sought.
Once they receive the claim, the insurance company will offer to settle. The first offer they make will definitely be significantly less than the actual damages you seek. However, this represents a starting point for negotiating a settlement.
It may take much time to reach a fair settlement. It could take months or even a year (or more). For this reason, having a competent attorney by your side is your best bet. At Take That To Trial, we have experienced attorneys that will represent your interest and fight for the compensation you deserve.
Once a settlement has been reached in the motorcycle accident claim, further legal action can no longer be taken. Once you settle, you can no longer pursue any extra compensation. For this reason, it is important to sit with a lawyer and ensure that the compensation you receive will cover all the losses while providing you with the financial resources you will need for your recovery.
Suing After a Motorcycle Accident
It is even possible that the insurance company may wish to undervalue your claim and refuse to settle. In this case, filing a lawsuit may be your best course of action.
Even though anyone can file a lawsuit, having a lawyer handle this process for you is your best bet. Having an experienced attorney will understand everything the court needs to be presented, as well as any procedures that must be taken. A date will be scheduled by the court for your case to be heard.
Taking a motorcycle accident case to trial
A series of requests, motions, and responses are involved in all pre-trial proceedings. The attorneys for both sides will ask for and exchange relevant information.
The preparation for trial can be time-consuming and complicated (which is why many insurance companies often wish to settle without taking the case to trial). Even though your attorney will deal with the complexities for you, it is important that you remain involved in every step.
It is still possible to settle once you file suit before going to trial. If you are unable to reach an agreement, the case will be presented by your lawyer in court. At trial, you may be awarded compensation that exceeds what you were offered initially. Yet, going to court offers no guarantee. When you have an experienced trial attorney handle your case, they will provide you with honest advice on your chances of success while also trying to fight on your behalf.
Texas Statute of Limitations
If you are injured in a motorcycle accident in Texas, you have two years to bring the claim to court. If the accident is caused by the negligence of a government entity (for instance, a crash that results from the government's failure to maintain a bad road), the time limit in this case is shorter.
These time limits make it imperative to seek legal assistance as soon as the crash occurs. Remember that negotiation with the insurance company is often the first step and settlement may take a long time to reach. When an agreement cannot be reached, it may become necessary to file a lawsuit to receive the compensation you are entitled to.
You don't want to miss the opportunity of recovering your losses due to time limits. Our attorneys at Take That To Trial will ensure that all legal deadlines are met.
Fighting for Our Clients is Our Highest Priority
Our attorneys at Take That To Trial will ensure that all necessary steps are taken to fight for the compensation you deserve. Even if you are under no obligation to have a lawyer represent you, having our competent lawyers pursue your interest is your best bet.
We are a leader in what we do: recovering the right compensation for our clients. We understand and appreciate the professional care and experience involved in building a good case. Our personal injury lawyers will carry out a detailed investigation of the accident and gather the relevant evidence for your injuries while building the strongest possible argument for your case.
We understand the long-term consequence of a serious motorcycle accident injury on your daily activities. We are devoted to guiding you through the steps of the legal process. At Take That To Trial, we offer a free initial consultation and we are paid on a contingency basis. This implies that you only need to pay us when we win your case.
Some of the top services you can enjoy with us include:
Collect all pertinent information that is required to make a strong case of how the event occurred.
Take you through the legal process. We explain to you all your legal obligations and rights while also filing all necessary paperwork.
Help you understand the entire steps and process involved in seeking compensation for disability for injuries that keep you from working
Follow all relevant laws and legal precedents as required.
Fight for the full amount of coverage up to insurance policy limit
Contact Us At Take That To Trial
You can rely on our constant availability. Your case is unique and we devote appropriate resources to help you pursue your compensation claim. Relying on our service will make the process as easy as possible for you. Our attorneys have been representing accident victims for over 20 years combined!
You can reach out to us via:
1401 Cleburne St, Houston, Texas 77004
Ph: (832) 770-6100
Fax: (832) 426-5798
We are the best at what we do and we can't wait to hear from you!