La Porte Motorcycle Accident Attorneys
Navigating the Aftermath of a Serious Motorcycle Crash
If you or your loved one has recently been involved in a motorcycle accident, you already know just how devastating these collisions are. In addition to the physical and emotional impacts of the crash, you are likely dealing with numerous unexpected financial challenges, from expensive medical bills to bike repair costs. You may be out of work for weeks, months, or even longer, depending on the severity of your injuries, making these financial burdens even tougher for you and your family.
If someone else was responsible for the accident, you don’t have to deal with these hardships on your own. You have the right to take legal action—and Pines & Goldenzweig, PLLC can help. Our La Porte motorcycle accident lawyers have extensive experience representing the rights of injured bikers, as well as the families of those who tragically pass away due to fatal collisions. We understand the difficulties you are facing, and we know how to help you fight for the justice you deserve.
Get started with a free initial consultation today; call (713) 609-1930 or contact us online.
Texas Motorcycle Laws
The state of Texas has certain laws meant to keep motorcyclists, their passengers, and other people on the road safe from harm. If you ride, it’s important that you know and follow these laws to protect yourself and others.
Here are some Texas motorcycle laws you should know:
- To operate a motorcycle in Texas, you must obtain a Class M license. This involves taking and passing a Texas Department of Public Safety-approved safety course, as well as both a written and a practical driving test.
- Motorcyclists in Texas must carry the appropriate insurance. This includes minimum liability coverage of at least $30,000 in bodily injury per person and $60,000 in bodily injury per accident. They must also have at least $25,000 in property damage coverage.
- Motorcyclists under the age of 21 must wear approved motorcycle helmets. Those 21 and over may forgo wearing a helmet if they have completed an approved motorcycle safety course and have at least $10,000 in medical insurance.
- To carry a passenger, your motorcycle must have a permanent passenger seat and footrests. All motorcycle passengers under the age of 21 must wear an approved motorcycle helmet, and passengers must be at least five years old unless they are riding in a sidecar.
- Motorcyclists are subject to all the same rights and responsibilities as any other motorist on the road. They may ride two abreast (side by side) in a single lane, but they are not allowed to lane-split, or ride between lanes of traffic.
These are just some of the laws you should know before you ride. It is also important that you understand the equipment your bike must have, as well as recommend safety gear in addition to an approved motorcycle helmet.
Proving Liability in Your Motorcycle Accident Case
Even the safest, most careful rider cannot always avoid an accident. In fact, many motorcycle accidents are not caused by something the motorcyclist did or didn’t do but, rather, by the careless or reckless conduct of others.
To prove that someone else was responsible for the accident—and therefore liable for your damages—you must prove that they were the cause of the crash.
This could be the case if they:
- Were texting or using a cellphone while driving
- Drove while distracted (by a cellphone or something else)
- Failed to yield the right of way
- Made an unsafe or illegal turn, lane change, or another maneuver
- Drove while under the influence of alcohol or drugs
- Were tailgating, or following too closely
- Cut you off or made an abrupt lane change
- Suddenly slammed on their brakes for no apparent reason
- Opened a vehicle door into you or into your path
- Engaged in road rage or other aggressive driving behaviors
- Were speeding or driving recklessly
Some motorcycle accidents are the result of numerous factors, including motorist negligence and other, third-party elements. For example, a poorly maintained roadway with numerous potholes or debris could cause or contribute to a serious accident. Defective road design could lead to dangerous blind curves or unsafe speed limits that put motorcyclists at risk.
At Pines & Goldenzweig, PLLC, we know how to carefully investigate claims to determine the cause(s) of the crash. Our La Porte motorcycle accident attorneys often work alongside accident reconstruction experts and other specialists to obtain valuable evidence and build powerful cases for our clients. When it comes to investigating your case, we will leave no stone unturned and no avenue of potential liability unexplored.
If you were partly at fault for the accident—or if the insurance company argues that you share some of the blame—you could still be entitled to file a personal injury lawsuit. Under Texas’s rule of modified comparative negligence, you have the right to seek compensation for your injury-related damages as long as you are less than 51% at fault for the accident that caused them.
However, if you are found to be partly at fault, you will not be able to recover the full amount you are seeking in compensation. Instead, the amount you can recover will be reduced by your percentage of fault.
For example, if you were injured in a motorcycle accident and sustained $100,000 in damages, but the insurance company and/or court found you to be 40% at fault for the crash, your recovery would be reduced by 40%. This means that you would only be able to recover up to 60% of that total amount, or $60,000.
Insurance adjusters understand this rule. They often use it in an attempt to devalue or even deny rightful claims. Because of this, it is very important that you work with a knowledgeable attorney who can fight back against the insurance company’s efforts and protect your right to full and fair compensation.
When you are dealing with the aftermath of a motorcycle accident, the last thing you need to worry about is how you will be able to afford your medical bills, bike repairs, and everyday expenses while you are out of work. You shouldn’t have to spend your time dealing with the insurance company and fighting for a fair settlement. Instead, trust your recovery to the team at Pines & Goldenzweig, PLLC.
We can help you by:
- Working with you to obtain the proper medical care for your injuries
- Investigating your claim to determine liability
- Gathering evidence, such as your medical records, copies of the police report, witness statements, and more
- Proving the severity and extent of your injuries, as well as the impact they have had and will continue to have on your life
- Communicating with the insurance company on your behalf
- Negotiating for a fair settlement from the insurance company
- Preparing you and your case for litigation and/or trial (if necessary)
- Representing you in the courtroom
Throughout the process, our attorneys and staff will regularly communicate with you and provide updates on the status of your case. We take great pride in getting to know our clients on a personal level and in treating everyone we serve like we would a member of our own family.
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What is negligence?
“Negligence” refers to careless, reckless, or wrongful (including unlawful) behavior. Often, this type of behavior leads to serious accidents, injuries, and even deaths. Some examples of negligence include someone who runs a red light because they were texting while driving, a shop owner who fails to put out a “wet floor” sign after an employee mops up a spill, or a dog owner who allows their dangerous dog to roam free and unleashed in a public park.
How do I know if I have a case?
You likely have a personal injury case if you were injured and suffered measurable damages—such as medical bills or pain and suffering—due to the careless, reckless, negligent, or wrongful conduct of another person or party. In other words, if someone else is to blame for your injuries, you could have grounds for a personal injury claim. The best way to know whether you have a case is to contact an attorney at our firm for a free consultation. During this initial meeting, we can go over the details of your situation and provide personalized counsel tailored to your circumstances.
How much is my personal injury case worth?
The exact value of your personal injury case depends on a variety of factors. Some of these factors include the severity of your injuries, the extent of your damages, whether you had to take time off work to recover, how much time you had to take off work, whether your injuries resulted in a disability, and your degree of fault (if any) in causing the event that led to your injuries. It is not possible for any attorney to estimate the value of your claim without first reviewing the specific details involved. We encourage you to reach out to our Houston personal injury attorneys at Pines & Goldenzweig, PLLC to request a complimentary case review.
Will I have to go to court?
Not all personal injury cases go to court. In fact, many settle in pre-trial litigation or as a result of your attorney’s negotiations with the insurance company. However, if the liable party refuses to play fair, you want an attorney who is not only willing but also has the experience needed to aggressively represent you at trial. At Pines & Goldenzweig, PLLC, we will prepare you for what to expect with your case, including whether or not you may need to go to court.
How long do I have to file a lawsuit?
In most cases, there is a two-year statute of limitations on personal injury lawsuits in Texas (surrounding states may have different laws). This means that you typically have just two years from the date of injury to bring your claim in court. Sometimes, when an injury is not discovered right away, the statute of limitations will be deferred to two years from the date on which the injury was discovered or reasonably could have been discovered.
There are some exceptions to this two-year deadline, but they are rare. We encourage you to act quickly after an accident or injury to avoid losing your right to seek compensation for your damages. If the statute of limitations expires, the court will almost certainly dismiss your case. Even if you think it might be too late, reach out to Pines & Goldenzweig, PLLC to discuss your legal options.