An Allen, Texas motorcycle accident lawyer from our law firm can guide you through the insurance claims or personal injury lawsuit process when we represent you. We may be able to help you recover compensation for your medical bills, lost wages, and other damages.
Underwood Law Office offers a free, no-obligation consultation to motorcycle accident victims. A member of our legal team is ready to discuss your accident, your rights, and what options you may have at this time. Call us today at (972) 535-6377 to get started. We can represent you on a contingency-fee-basis with no advanced payments required.
Proving Negligence in Motorcycle Accidents
An important step in a motorcycle accident is identifying the liable party. In a personal injury case, if another party’s negligence causes a collision, they may be held liable for the victim’s damages.
Often the liable party in a motorcycle accident case is another driver. Driver negligence can include:
- Failure to yield
- Not checking to make sure a lane is clear before entering it
- Running a red light or stop sign
- Drunk or intoxicated driving
- Other violations of traffic laws
Other times, another party could be responsible for a motorcycle accident with their negligent actions. This could result in an accident where a motorcycle crashes without hitting another vehicle. For example:
- A municipality that leaves a pothole cover or other road hazard out that causes a rider to crash.
- A mechanic who caused the accident by failing to correctly install or maintain a safety system on the motorcycle.
- A motorcycle component manufacturer that made a defective product, such as a brake rotor or tire that fails on the road and creates an accident.
For a free legal consultation with a motorcycle accidents lawyer serving Allen, call (972) 535-6377
Understanding the Proportionate Responsibility Law in Texas
A motorcycle accident case may require you to present evidence that illustrates how the responsible party’s negligence caused your crash. This may include:
- Police reports
- Photos or videos from the accident scene
- Your medical records
- Testimony from accident reconstruction experts
Another element of liability in a Texas personal injury case is the state’s proportionate liability law, otherwise known as modified comparative negligence. Per Texas Civil Practice and Remedies Code §33.001, this system allows people who are less than 50% at fault for an accident to collect compensation. However, a judge may reduce the victim’s payment by their percentage of fault.
For example, if a judge determines that you were 20% at fault for the accident and that your damages are worth $50,000, your payout may be reduced by 20% to $40,000. If the judge determines that you are 50% or more at fault for an accident, a judge may bar you from recovering any compensation at all.
Allen Motorcycle Accident Lawyer Near Me (972) 535-6377
Recoverable Damages in a Motorcycle Accident Case
We can also collect evidence of the value of your damages. This may include your medical bills, documents on lost wages from your employer, or testimony from medical and economic experts on your future costs of care. For a personal injury case, the possible recoverable damages include:
- Emergency room treatment, hospitalization, and ambulance fees
- Current and future costs of medical treatment and rehabilitation
- Lost wages
- Reduced ability to earn
- Property damages
- Pain and suffering
For a wrongful death case, potential recoverable damages include:
- Funeral and burial costs
- Pre-death medical care
- Loss of earnings
Time is Limited for Motorcycle Accident Victims to Pursue Legal Action
Texas imposes a statute of limitations, or legal deadline, on the amount of time accident victims must file a lawsuit. Per Texas Civil Practice and Remedies Code §16.003, a general two-year statute of limitations applies to both wrongful death and personal injury lawsuits in Texas. If you do not file your lawsuit within this time, a court may dismiss your case.
There could be circumstances in your case that alter your deadline. A representative of our law office will be happy to inform you about the specific deadlines that apply to your case.
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Contact a Motorcycle Accident Attorney in Allen for More Information
Underwood Law Office invites you to call our firm for a free, no-obligation consultation on your case. A member of our team can go over the details of your motorcycle accident, your injuries, and your legal options when you call (972) 535-6377.
An Allen, Texas motorcycle accident lawyer from our firm may be able to represent you on a contingency-fee-basis. This means there are no up-front payments required, and we do not collect attorney fees unless and until you win your case and recover compensation via a settlement offer or court award. Call us today to get started.