A motorcycle wreck on a Texas road or highway can have a devastating impact on a rider’s life. While the crash can result in significant injuries or worse for the rider or passenger, the victim’s family members can also be affected in many ways. The person injured or killed in the accident may have been not only a loving family member, but also someone who brought home a paycheck to support a spouse or children.
If you suffered motorcycle accident injuries or your loved one died in a crash, contact experienced El Paso motorcycle accident attorney Michael J. Gopin today. It’s important to act promptly in these cases. A delay may affect your right to pursue compensation.
At the Law Offices of Michael J. Gopin, PLLC, we have the experience and resources that motorcycle accident victims need to pursue the justice they deserve. Before you accept any settlement with the insurance company, contact our El Paso law firm. You may be entitled to more financial compensation than the insurance company is offering. Schedule your free consultation with our lawyer now.
Do You Have a Motorcycle Accident Claim?
Although not all motorcycle crashes will result in an accident claim, many of them will. If you are wondering whether you have a valid claim after a bike crash, there are a few factors you can use to determine whether you can take legal action.
- Did another driver cause your accident? When motorists cause an accident because of negligent, careless, or reckless behavior, you can file a claim against them for compensation.
- Are you injured? It’s rare for bikers to escape a motorcycle accident unscathed. The chances are you suffered serious injuries during your collision and a personal injury claim can help compensate for these.
- Do you have medical expenses? Medical expenses are typically very costly, which is why these often make up the bulk of motorcycle accident claims. If you have medical expenses and someone else was at fault for your accident, the law recognizes that you shouldn’t have to pay for these.
- Are you missing work? Typically after a motorcycle accident, the victim’s injuries are so severe they cannot immediately return to work. Accident claims can also compensate you for these losses when someone else caused the crash.
- Has your quality of life changed? Accident claims provide compensation for tangible losses, but they can also compensate you for losses you’ve sustained that are not tangible. If your quality of life has changed, if you are not as mobile as you once were, or if you cannot enjoy the activities you once did, these are also losses that you should be compensated for.
Determining whether you have a personal injury claim essentially comes down to two factors. Someone else must be to blame for the crash, and you must have sustained losses as a result. If these two factors apply to your case, you should speak with our El Paso motorcycle accident attorneys as soon as possible.
Why Are Motorcycle Accidents More Complicated?
There are a few reasons why motorcycle accidents are more complicated than other types of motor vehicle accidents on the road.
The first reason is that the injuries after a motorcycle crash are typically much more severe than injuries seen in other accidents. This complicates any injury claim because before filing, you must understand the severity of your injuries. This is the only way to fully claim all costs associated with your injuries so you can negotiate for a fair settlement. If you file a claim and accept a settlement before you understand how much medical treatment you will need, you will likely end up paying for many expenses out of your own pocket.
Another reason motorcycle accidents are more complicated is because juries and insurance companies are typically biased against bikers. They may envision motorcyclists as being rough, dangerous, and riding erratically on the roads. Of course, bikers know that this isn’t true and motorcyclists are as unique as drivers behind the wheel of a car. Unfortunately, that doesn’t make overcoming these biases and proving claims any easier.
Lastly, Texas is a comparative fault state. This means that when bikers are found to be partly to blame for the accident, the compensation they are awarded may be reduced. If they are found to be 51 percent or more at fault for the crash, they are barred from receiving any compensation.
Texas law also doesn’t require motorcyclists to wear helmets if they are over the age of 21 and have appropriate insurance, or have taken a motorcycle safety course. Still, if bikers are in a crash and aren’t wearing a helmet, the other side will likely use that to try to indicate fault, particularly if the biker sustained head injuries. Although an attorney can refute these claims, circumstances like this can certainly make it more difficult for accident victims.