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When Do You Need a Motorcycle Lawyer in Texas, and Why?

  1. When Do You Need a Motorcycle Lawyer in Texas, and Why?
  2. Motorcycle Accidents and Claims Are Challenging for Bikers
  3. Beat the Insurance Company to the Punch
  4. Contact Will Adams Law Firm for an Experienced Motorcycle Accident Lawyer

When Do You Need a Motorcycle Lawyer in Texas, and Why?

Motorcycle accidents aren’t like other vehicle accidents—and not just because the injuries are much more likely to be catastrophic. Motorcycle riders often face additional challenges when attempting to secure fair compensation for an accident, from difficulty collecting evidence to anti-biker prejudice.

The last thing you need as you heal is a legal battle that feels like a wild goose chase, which can happen if you try handling the early stages of a motorcycle accident case yourself.

One of the best things you can do for your motorcycle crash case is to start working with an experienced

In this article, we’ll outline why bikers commonly face trouble with motorcycle crash claims and what insurance companies do to keep compensation low. We’ll also discuss how bringing a lawyer into the process early on can make everything go smoother for you and your loved ones.

Motorcycle Accidents and Claims Are Challenging for Bikers

Healing, or supporting a family member as they heal, after a motorcycle accident is hard. In addition to worrying about health and medical bills, you may even be wondering if a favorite hobby will still be an enjoyable part of your future.

You deserve fair financial compensation, but working through a personal injury to get it is rarely fast or easy, especially if the case is a complex one (as they often are). Any of the following situations can make your motorcycle claim difficult to handle on your own.

Serious Injuries

The minimal protection motorcycles offer leaves bikers vulnerable to other vehicles and the road itself. Too often, this means catastrophic injuries, such as traumatic brain injuries (TBIs), paralysis, or even death following a motorcycle accident.

Serious injuries usually mean higher, longer-term medical costs. You may be looking into reconstructive surgeries, mobility devices, physical therapy, nursing homes, and other major interventions. Insurance companies don’t like to pay for treatments with undefined endpoints and expensive equipment and work hard to avoid doing so.

RELATED: Did I Get a Brain Injury After My Motorcycle Crash?

Missing Evidence

Motorcycle accidents don’t always take as long to clean up as other vehicle crashes, which means important evidence might disappear before you collect it.

Fortunately, experienced personal injury lawyers know how and where to look for evidence, such as driver logs and street cameras. This is one of those parts that can feel like a goose chase; leaving the busywork to a professional can take a huge burden off your shoulders.

Just remember not to wait long. Security footage is often deleted regularly. Skid marks fade. The sooner you call a personal injury attorney, the more likely critical evidence will be discovered and preserved.

Liability Disagreements

Insurance companies for at-fault parties conduct their own investigations into motor vehicle accidents, and it’s common for them to try to shift at least some blame onto the injured party.

While it’s true that more than one person can be at fault for one accident (even those injured in it), the majority of fault generally falls to one person or entity. Texas observes a rule of modified comparative fault, which means you may be eligible for compensation as long as you’re not more than 50% at fault. (If you are more than 50% at fault, you cannot receive any compensation.)

But because the amount of compensation you are entitled to receive will be reduced by your share of the fault, if the insurance company can successfully argue that you were at least somewhat to blame—20%, for example—that is 20% less in compensation they’ll have to pay out.

If you’ve tried to sort out liability issues on your own, it’s probably become clear that it can quickly get tricky. The sooner you talk to a motorcycle accident lawyer, the sooner you can move on to the next steps.

Poor Road Conditions

Perhaps your accident wasn’t the fault of anyone behind the wheel, but instead the poor conditions of the road you were traveling. Debris, potholes, broken signs, malfunctioning lights, or worn-off lane markers can all cause confusion for bikers and drivers, increasing the potential for a crash.

Depending on where you were, the local government or another entity may be liable for your injuries. It’s usually not easy to go up against organizations that have significant insurance policies and legal teams; it’s in your best interest to work with a motorcycle accident attorney in this case.

Pre-Existing Conditions

Have you ever had back pain, headaches, or a sprained ankle? If, like the vast majority of adults, you’ve had minor chronic issues in the past, the insurance companies may try to use them as an excuse to minimize the role that your motorcycle accident played in contributing to your current symptoms.

You may be completely certain that your intense, specific back pain that started right after the crash is a direct result of falling off your bike onto the pavement. However, the insurance company might insist that you simply aggravated an existing issue, or even that your pain is entirely unrelated to the accident.

This is tough, and involves legal and medical jargon that the average person may not understand. It will also typically require specific, detailed medical records from one or more specialists. Fortunately, motorcycle accident attorneys know how to show that the accident altered things in a way nothing else could.

Do note that even if you do have a pre-existing condition, you are still entitled to seek compensation if your motorcycle accident makes it worse. The at-fault driver is still responsible to compensate you for the change in your condition caused by the crash.

Bias Against Bikers

Unfortunately, some people have pre-formed opinions that negatively influence how they view a motorcycle accident. The insurance adjusters, or the jury (if your case goes to trial), might mistakenly think that bikers tend to be reckless on the road. This will make it harder to get them to agree with your claim.

Personal injury attorneys know this and work hard to gather information that shows your true colors. From witnesses to your clean riding record, they’ll bring the evidence that counters any biases.

“Will treats his clients with great kindness and compassion. He fully understands the pain and injustice each victim is going through. This compassion and understanding allows Will to prosecute your case to the fullest. Will is tenacious in pursuing what he feels is the correct settlement for his clients.”

- B & ES – Dallas, TX

“Will, Chris & Sarah. K and I just want to thank you so much for everything you’ve done for us and our family. Throughout this process you have kept us informed and been patient with us (especially me) as we navigated through unchartered territory. Putting things in your hands allowed Karl and I to focus on him getting better.”

- SC – Katy, TX

“Hi Will, I just wanted to take a minute and let you and your wonderful staff know just how much we appreciate each one of you! All of you have been so great to us. Y’all have always answered any and all questions immediately and never left us hanging or wondering about anything. All of you have made this.”

- SB – Katy, TX

"Dear Sarah, you are the best legal assistant in the history of such creatures of legend and lore. (And Brian is in the tribe too) Do take a copy of this email to your next annual performance review... you have raised the bar. Thank you for all your help!"

- AM – Houston, TX

"I wanted to thank you both for a job well done and for an outcome that far exceeded my expectations. I appreciated your expertise and your thoroughness of preparation, as well as keeping me informed of the possible outcomes at each major point.Will, I think that Chris did an excellent job and wanted to bring that to your attention."

- MJ – Katy, TX

Beat the Insurance Company to the Punch

Insurance companies can tell when an injured person is pursuing compensation on their own, without the help of legal representation. Adjusters are trained to close claims as quickly and cheaply as possible, and the situations above help them do so, especially if you aren’t fully prepared to fight back.

However, bringing your attorney into the conversation at the beginning provides protection when the insurance company tries to take advantage of you. Better yet, you improve your chances of getting a full and fair settlement or jury award in a timely manner.

RELATED: How Will Texas Motorcycle Laws Affect My Personal Injury Case?

Contact Will Adams Law Firm for an Experienced Motorcycle Accident Lawyer

At Will Adams Law Firm, your recovery is our priority. Katy is our hometown, and we have a genuine interest in helping the injured people in our community. If you or someone you love was injured by someone else’s negligence in a motorcycle accident, a passionate personal injury lawyer is ready to hear your story.

Every case begins with a free legal consultation. To set yours up with our motorcycle accident lawyers today, call (281) 371-6345 or use the contact form on our site. We look forward to hearing from you!

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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