Motorcycle crashes often cause devastating injuries that leave a lasting impact on rider’s lives. The physical, financial and psychological toll of the injuries and damages suffered cannot be overstated.
There is a lot of stress and uncertainty after a motorcycle crash, which is why it is important to have an experienced attorney review your claim. You may be eligible to receive compensation to help you through this challenging time.
At the law offices of Anderson & Cummings, we offer motor vehicle crash victims a free legal consultation. Our firm has obtained over $100 million in compensation for our clients and we have more than 50 years of combined legal experience. Review our results page to see the verdicts and settlements we have obtained on behalf of our clients.
Partner Seth Anderson is an award-winning attorney that has been recognized as one of Fort Worth's Top Personal Injury Lawyers by Fort Worth Texas Magazine and is a member of the prestigious Multi-Million Dollar Advocates Forum, whose members have all obtained multiple verdicts of $1 million or more.
If you need help with your motorcycle accident claim, contact our Fort Worth motorcycle accident lawyers today to schedule a complimentary initial consultation. There are no upfront payments required and you will not be billed for our services unless we recover for your case.
Let our team handle the complexities of the legal process. Call (817) 920-9000.
Is There a Valid Case for Compensation?
As there are so many things to consider when looking for an answer to this question, it is important to meet with a licensed attorney. He or she can review the accident to determine if you may have a valid claim.
Some of the factors your attorney may consider include:
- The nature of your injuries
- Your doctor’s prognosis about your recovery
- Evidence you collected, such as pictures from the scene
- The other driver’s actions before the crash
- Insurance coverage that may apply to the crash
One of the most significant factors to consider is negligence. Your claim may be valid if the four elements of negligence were present:
- Duty of care – The driver had a duty to act with care to prevent others from being harmed. For example, there is a duty to obey traffic laws.
- Breached duty of care – The driver failed to act with care, such as by breaking traffic laws or driving recklessly.
- Causal link to your injuries – Your attorney must prove the other driver’s breach of a duty of care directly caused your injuries.
- Damages were suffered – Your injuries resulted in damages, such as medical expenses and lost wages.
Benefits of Working with an Experienced Lawyer
Injury victims who hire legal representation often recover more compensation compared to those who do not have a lawyer. However, this is just one of the many reasons to strongly consider hiring an attorney.
Your lawyer can manage the legal process on your behalf, allowing you to focus on your treatment and recovery. The legal process can quickly become complicated and you need an attorney with the experience and legal knowledge to effectively manage things on your behalf. The attorneys at Anderson & Cummings are prepared to manage every step of the process, working diligently to ensure details do not get missed.
Our attorneys are also prepared to take cases to trial if necessary. Our goal is to obtain maximum compensation to help you move forward. While most cases settle, insurance companies often make lowball offers or deny legitimate claims. Going to trial may be the only option, and that is why our lawyers are always ready to go to court.
How Much Compensation Could I Recover?
It is quite difficult to determine the potential value of your claim without knowing all the specifics of the accident. Your lawyer will need to learn the details of your situation to determine the compensation that may be available.
Often, motorcycle crash victims pursue the following forms of compensation:
- Medical bills – Since motorcycle riders have very little protection, serious accidents often result in severe injuries which may require expensive and long-lasting medical care. Motorcycle crash victims often require surgeries, hospital stays, imaging tests, prescription medications, physical therapy, rehabilitation and follow-up doctor’s appointments.
- Lost income from missing work – If you were too injured to work immediately after the accident, you could include this in your claim and possibly recover wages you would have earned if the accident did not occur. You can also claim time taken off to attend follow-up doctor visits.
- Pain and suffering – If you endured any physical pain or mental suffering at the time of your accident or while you were recovering, you could be compensated. Victims could receive compensation for psychological issues such as post-traumatic stress, anxiety, depression and difficulty sleeping.
- Property loss – If your motorcycle suffered damage, you may be able to recover compensation to cover repairs or replacement of your bike.
If you lost a loved one in a motorcycle accident, surviving family members could recover funeral and burial costs, loss of future income and loss of consortium.
Having proof of all your damages is critical to the outcome of your claim. If you need assistance obtaining evidence, such as medical records, proof of lost income and property damage assessments, our Fort Worth motorcycle accident lawyers may be able to help.
Call today to learn more about how we may be able to help. (817) 920-9000
What Happens When the Other Driver’s Insurance is Not Enough?
When a motorcycle crash involving a car occurs, the motorcycle rider may be able to file a claim against the driver’s car insurance.
All drivers in Texas must carry bodily injury insurance of at least $30,000 per person and $60,000 per accident plus a minimum of $25,000 for property damage liability coverage. Bodily injury pays for damages in an accident caused by the driver while property damage would cover the damage to your motorcycle. Drivers who are caught driving without these minimum coverages could face severe fines, impoundment of their vehicle and possible jail time.
Although Texas requires all drivers to carry a certain amount of auto insurance, sometimes damages are so severe, the policies involved are not enough to cover the damages. There are also times when the driver does not have any insurance.
Whether the at-fault driver is uninsured or underinsured, you may be able to file a claim against the uninsured/underinsured motorist portion of your policy. Unless you opted out of this coverage when you purchased your policy, this coverage usually kicks-in when your damages exceed the driver’s policy limits.
Our Fort Worth motorcycle accident lawyers have extensive experience investigating insurance policies and negotiating with insurers to pursue the maximum compensation available for our clients.
I Was Not Wearing a Helmet – Does That Mean I Cannot Be Compensated?
You may stay be able to file a claim for compensation. However, it is important to review the situation with a licensed lawyer to determine your potential options.
Texas law requires all motorcycle riders under 21 years of age to wear a helmet. Riders over the age of 21 can legally ride without a helmet if they can show proof of:
- A completed motorcycle operator training course approved by the state
- Insurance that will provide coverage for a motorcycle crash
While you may still be able to seek compensation if you were not wearing a helmet, your compensation award could be reduced if it is determined that your damages would have been less severe if you had been wearing a helmet. (Under state law, your award can be reduced based on your percentage of fault, and you cannot recover any compensation if you have more than 50 percent of the responsibility for the accident.)
Our attorneys know how to counter claims about your role in an accident and build a strong case on your behalf. Our goal will be to ensure you are not assigned more fault for your injuries than you deserve.
Filing a Claim as a Passenger
If you were injured in a motorcycle crash as a passenger, you could be eligible for compensation. Although many passengers do not want to sue the driver, who may be a friend or relative, it is important to understand that you will probably be filing a claim against their insurance policy, and not against them personally.
Having a reputable attorney review your claim is highly recommended.
Can I File a Claim After a No-Contact Accident?
There are some motorcycle accidents caused by road conditions or mechanical problems on the bike. Even though another driver is not at fault, you may have a valid claim against the entity responsible for the road or a product manufacturer.
Filing claims against government entities and product manufacturers can be complicated, which is why you should strongly consider seeking experienced legal representation.
How Soon Do I Need to File a Claim?
Every state has a deadline for filing a personal injury claim, known as the statute of limitations. Although there may be cases where this period may be longer or shorter, depending on the details of your situation, most personal injury claims in Texas must be filed within two years of discovering your injury.
If you do not file your claim within the two years, you could be barred from recovering compensation for your damages. The sooner you file your claim, the more time your lawyer will have to build a strong case in your favor.
Contact our firm today for assistance. (817) 920-9000
Common Motorcycle Accident Injuries
Riders and their passengers are not afforded as much protection as those in cars or trucks. Even at slow speeds the types of injuries that accident victims may sustain can be life-changing.
Some of the most common injuries may include:
- Broken bones
- Gravel rash
- Broken collarbone
- Spinal cord injuries
- Riders arm
- Traumatic brain injuries
Motorcyclists are often unfairly blamed for causing accidents because people often think motorcycles are moving faster than they really are. However, it is often another drivers’ negligent actions that cause the collision. Many drivers fail to check for motorcycles, which can lead to a blind spot accident or inadvertently cutting off a motorcyclist.
What Causes Motorcycle Crashes?
Motorcycle accidents are usually the result of driver negligence. Examples of driver negligence include:
- Disobeying traffic signs or lights
- Not yielding the right of way
- Failure to check blind spots before switching lanes
- Driving while intoxicated or under the influence of drugs
- Distracted driving (including texting, eating, adjusting the radio or GPS)
Some drivers may not be used to driving around motorcycles and may not be looking out for them while on the road. However, this is no excuse for a crash if the motorcyclist was adhering to all the rules of the road. If the other driver was negligent, he or she may be held accountable for the damages sustained by the motorcyclist.
Schedule a No-Cost Claim Evaluation Today
Motorcycle accidents can cause severe injuries which may leave individuals and families not knowing where to turn for help.
The licensed attorneys of Anderson & Cummings are available to discuss your potential case in a free consultation. Take a look at our reviews page to see what our clients have to say about our services.
There is no need to commit to our firm for legal representation and there are no upfront payments. We only bill you after we win compensation for your claim.
Our Fort Worth office is conveniently located at 4200 W Vickery Blvd, which is only an eight-minute drive from the Baylor Surgical Hospital.
Call Anderson & Cummings at (817) 920-9000.