We Can Help You Get Compensated for Your Injuries
While the freedom that comes with riding your motorcycle down the highway is exhilarating, it can also be costly. Due to motorcycles’ smaller size, motorcycle riders often face far more extreme injuries and deaths than do automobile drivers. In 2017 alone, motorcycle accidents led to 14% of all traffic deaths, and motorcycle crashes are 27 times more likely to end in death than any other type of accident. Tragically, many of these fatalities are not the fault of the motorcyclist, and could have been avoided if the automobile driver had not been distracted, careless, or even driving under the influence.
If you have been involved in a motorcycle accident, you might have received severe physical injuries that require extensive hospital bills, therapy, and recuperation. Our skilled, empathetic, and reliable attorneys at Gonzalez Druker Law Firm will handle everything related to your personal injury claim by fighting for your rights so that you can focus on getting back to normal.
Call today at (956) 728-9191 or contact us online to contact our motorcycle accident attorneys and get the advocacy you need.
What to Do After a Motorcycle Accident in Laredo
Directly following a crash, it can feel like the world is spinning out of control. However, there are several steps you can take that can allow you to receive full benefits to compensate for the loss and trauma you are about to undergo.
The steps you should take following a motorcycle accident include:
- Ensuring your own safety. This crucial step should take immediate precedence. Get to the side of the road and assess your own injuries, including possible sprains, breaks, difficulty breathing, or loss of blood. Then, even if you or the other driver is not in critical condition, call both the police and an ambulance, since many physical effects may not appear immediately.
- Once you have called the authorities, it is time to gather as much evidence to help support your cause and prove the other driver’s liability for his or her involvement. Remember, even if it was completely an accident on both sides, a driver’s negligence could have long-term consequences on your life that need to be accounted for by their insurance.
- Make sure to not touch the motorcycle but snap pictures of its exact position in relation to the other vehicle and the immediate surroundings. Videotaping the scene is helpful too, in order to establish the distances of objects. Make sure to talk about the accident in your video to help remember details.
- Make sure to never, ever verbally claim liability after a crash, even if you think you might be possibly at fault. Especially after an accident, you might not be thinking as clearly or able to see the entire story of the events leading to the crash. You cannot reverse your admission in court, so it is important to wait and discuss the full case with one of our supportive lawyers.
Do You Have to Wear a Motorcycle Helmet in Texas?
In Texas, the law requires all motorcycle riders and passengers who are under the age of 21 to wear a helmet that meets the safety standards set by the Department of Transportation (DOT). Riders who are over the age of 21 also have to wear a helmet, unless they:
- Have completed an approved motorcycle training course
- Has at least $10,000 in medical insurance coverage for any injuries in the event of an accident
Wearing a helmet is a crucial safety measure. Helmets can greatly reduce the risk of head injuries and fatalities in the event of an accident. According to the Centers for Disease Control and Prevention (CDC) wearing a motorcycle helmet can reduce the risk of a head injury by 69%. They can also help reduce the risk of death by 37%.
Common Causes of Motorcycle Accidents
Motorcycle riding can be an exhilarating and efficient mode of transportation, but it also comes with inherent risks. Due to the limited protection that motorcycles offer compared to cars, accidents involving motorcycles tend to result in more severe injuries and fatalities. Understanding the common causes of motorcycle accidents is crucial for both riders and other road users to promote safety on the streets.
- Distracted Drivers
- Drunk Drivers
- Unsafe Lane Changes
- Speeding
- Riding Under the Influence
- Lack of Riding Experience
- Poor Road Conditions
- Left-Turning Vehicles
- Reckless Riding
- Road Rage
How is Liability for a Motorcycle Accident Determined in Texas?
In Texas, determining liability for a motorcycle accident revolves around the concept of negligence. This means proving that another party failed to exercise reasonable care, leading to the accident. Key evidence includes:
- Traffic camera footage
- Witness statements
- The police report
- Expert testimonies
The state follows a “modified comparative negligence” rule, meaning an injured motorcyclist’s compensation can be reduced in proportion to their percentage of fault for the accident. For instance, if a biker is 30% at fault for an accident with $100,000 in damages, they might only receive $70,000. If their fault exceeds 50%, they may not receive any compensation at all.
Factors like whether the victim was wearing a helmet and whether either party violated any traffic laws can significantly impact how liability is determined. Understanding these intricacies is vital for anyone involved in a motorcycle accident in Texas, highlighting the importance of experienced legal representation to navigate these complexities.
How Much Is My Motorcycle Accident Claim Worth?
The value of a motorcycle accident claim in Texas depends on several factors:
- Economic damages: Quantifiable losses like medical expenses, motorcycle repair costs, and lost wages, form the base of any personal injury claim.
- Non-economic damages: These include damages such as pain and suffering, emotional distress, and diminished quality of life. Non-economic damages are more complex and require careful evaluation to quantify in monetary terms.
The severity of the victim’s injuries, the long-term impact on the victim’s life, and the emotional toll of the accident can also significantly influence the claim’s value. In addition, in rare cases, punitive damages can be awarded to punish particularly reckless or negligent behavior that caused the accident.
Each motorcycle accident case is unique, and the total value of a claim can only be estimated by considering all individual circumstances and evidence. Legal knowledge is vital in this assessment process to ensure that all potential damages are identified and effectively argued for in settlement negotiations or court proceedings.
How Long Will My Motorcycle Accident Claim Take?
The time it takes to resolve a motorcycle accident claim in Texas varies, influenced by the complexity of the case, how clearly fault can be established, the severity of the victim’s injuries, and the parties’ willingness to negotiate. A simple case with clear liability and minor injuries may conclude within a few months. However, a more complex case, especially one involving serious injuries or disputed liability, can extend over a year.
Negotiations with the liable insurance companies typically consume a significant portion of the time. If the case goes to trial, the process lengthens due to the court schedules, the investigation and discovery phases, and possible appeals. While a quick settlement might seem attractive, it may not yield the best possible compensation. A careful and patient approach, including taking time to gather comprehensive evidence and negotiate aggressively, often results in a better outcome.
Experienced legal representation is crucial in navigating these timelines and ensuring that the case progresses efficiently without compromising the potential compensation. An experienced motorcycle accident attorney can provide valuable guidance, set realistic timelines, and develop strategies for a timely and fair resolution of the claim.
How Long Do I Have to File a Motorcycle Accident Claim in Texas?
In Texas, the statute of limitations for filing a motorcycle accident claim is typically two years from the date of the accident. This legal deadline is crucial as missing it can result in losing the right to seek compensation. Exceptions to this timeframe exist, such as claims against government entities or cases involving minors, which may have different deadlines.
Prompt legal action in initiating the claim is beneficial. Early filing allows for collecting fresh evidence and witness accounts, which are vital for a strong case. It also enables your attorney to start negotiating with the liable insurance companies early, which can potentially lead to a quicker resolution.
The complexity of Texas law in these matters underscores the importance of consulting a knowledgeable motorcycle accident attorney soon after an accident. An experienced attorney can help ensure you meet all necessary deadlines and guide you through the claim process, maximizing your chances of a successful outcome.
Let The Gonzalez Druker Law Firm Help You Today
If you or a loved one have been injured in a motorcycle accident in Laredo, TX the Gonzalez Drunker Law Firm can help. Our attorneys are skilled in handling motorcycle accident claims and can help you obtain the compensation you deserve. Contact us today to learn more about your options. Call us at (956) 728-9191 or contact us online to schedule your consultation.