Our Houston Motorcycle Accident Attorneys Can Help You Get The Compensation You Deserve
Riding a motorcycle can be both fun and functional. But as many motorcyclists–or former motorcyclists–will tell you, riding a motorcycle can also be incredibly dangerous.
In fact, in a single year in the state of Texas, the Texas Department of Transportation reported hundreds of motorcycle crashes, and more than 500 motorcyclist deaths.
At the office of the Milano Legal Group Accident Attorneys, our Houston motorcycle accident lawyers believe that these crash types should never happen, and that when they do, injured motorcyclists should be compensated for the full extent of damages that they suffer. If you have been in a crash with a motor vehicle in Houston, reach out to our office today to learn more about how we can help.
Types of Motorcycle Accidents
Motorcycle accidents are some of the most serious accident types, and therefore knowing how they occur and how they can be avoided is important for protecting motorcyclists from harm.
Some of the most common types of motorcycle accidents include:
- Rear-end accidents, where a motorcyclist is hit from behind. Sometimes, the accident results in the motorcyclist becoming wedged between two vehicles, which can result in serious injuries.
- Left-turn accidents, which occurs when a vehicle makes a left turn in front of an oncoming motorcyclist. Another type of left-turn accident is one where the motorcyclist is making a left-hand turn and they are hit by a vehicle proceeding straight through the intersection.
- Lane-changing and merging accidents, which most commonly occur when one of the vehicles involved is attempting to change lanes and the driver fails to see the motorcyclist. Motorcycles are smaller than passenger cars and therefore harder to see and often lost in a driver’s blind spot.
Most of the accidents that occur, including the accident types listed above, could be avoided by paying more attention to the road, always looking before performing a maneuver, and putting distractions away.
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Motorcycle Crashes Cause Serious Injuries
It’s easy to understand why a motorcycle crash can cause a serious injury – motorcyclists have no protections to prevent against harm, except for perhaps a helmet. As such, it is often a motorcyclist’s body that absorbs the force of a crash, leaving the motorcyclist with tragic injuries.
These injuries may include:
- Severe brain injuries,
- Skull and head injuries,
- Facial injuries,
- Broken bone injuries,
- Internal injuries,
- Loss of limb injuries,
- Soft tissue injuries, and
- Back and neck injuries (including spinal cord injuries).
A motorcyclist who is involved in a crash may never be able to use their body in the same way again and may never regain the same quality of life they had before the accident. In the case of an accident with a commercial truck, the possibility of getting serious injuries is much higher.
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"I would like to say thanks to Milano Legal Group. A very special thanks to Mr. Anthony Milano and Mrs. Elif Dag-Milano. Amazing team and amazing law firm to work with. Whatever you ask, the answers that you will get will make you so satisfied. They care about their clients and they let you feel how important you are. They are always accessible and they helped me a lot for my accident case. Whenever I need an attorney, the right address for me is Milano Legal Group. I highly recommended Milano Legal Group, Mr. & Mrs. Milano for anyone in need of great representation."
Damages Recoverable After a Motorcycle Accident
If you’ve been in a motorcycle accident, you deserve to be fully compensated for your losses. Types of damages that are recoverable after a motorcycle accident include:
- Medical expenses. A motorcyclist who is involved in a crash will likely incur significant amounts of medical debt, especially if they do not have adequate health insurance coverage. Our Houston accident lawyer will advocate for your right to recover 100 percent of your medical expenses, including medical expenses you may face in the future.
- Lost wages. Serious injuries are often disabling, leaving an injured motorcyclist with the inability to return to work. This means lost wages and loss of earning capacity in the future, including lost benefits. An injured party should be compensated for the full economic value of lost wages and future lost wages.
- Property damage expenses. Motorcycles are expensive, as are the many items that a motorcyclist may have on their person at the time of crash and which may be destroyed in the accident, such as a cellphone, helmet, and clothing.
- Pain and suffering damages. Finally, in addition to recovering your full value of economic damages, Houston motorcycle accident lawyers can also assist you in recovering compensation for any noneconomic losses you suffer, including the value of your pain, suffering, diminished quality of life, emotional anguish, and other losses.
Should I File a Motorcycle Accident Lawsuit?
Many people who are injured in motorcycle accidents are unsure of how the claims process works and whether or not they will need to file a motorcycle accident lawsuit.
Typically, the first step after the at-fault party has been identified is to bring a claim against the at-fault party’s liability insurance (which drivers in Texas are required to carry). During this process, you (and your legal representative if you choose to hire a motorcycle accident lawyer in Houston, TX) will enter into negotiations with the insurance adjuster with the attempt of reaching a settlement. The vast majority of motorcycle accident claims are settled without a lawsuit ever being filed.
Of course, sometimes, disputes over fault or damages prevent sides from being able to reach a settlement that they both believe to be fair. When this is the case, filing a lawsuit may be the only way to recover the compensation award that’s deserved.
While our motorcycle accident lawyer in Houston will aggressively negotiate your claim and work hard to reach a settlement, if this process fails, we will be prepared to file your suit and represent you during litigation.
Texas Motorcycle Accident Laws
Note that Texas follows a 51 percent bar rule, which holds that a motorcyclist is barred from recovering damages from another party if they are found to be 51 percent or more to blame for an accident. If less than 51 percent at fault, they can still recover compensation, but their damages will be reduced in proportion to their degree of fault.
Call a Lawyer Today to Learn More
Motorcycle accident lawyers are often critical to the outcome of motorcyclists’ claims following serious accidents. At our law firm, our lawyers care about each client that walks through our door, and they know how much you have on the line. When you choose our Houston motorcycle accident attorney, you’re choosing an advocate who will work hard for you.
To schedule your free consultation with our law firm today, please contact us to tell us more about your motorcycle accident or call us directly.
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Motorcycle Accident Frequently Asked Questions
Is It Worth Hiring a Motorcycle Accident Lawyer?
If you’ve recently been injured in a motorcycle accident that was caused by someone else’s negligent behavior, it is certainly worth hiring a motorcycle accident lawyer. An experienced attorney can help you prove that the other driver’s negligence caused your injuries, thereby opening the door for you to receive financial compensation for your accident. If your attorney successfully proves that someone else is at fault for your motorcycle accident, you may be entitled to compensation for your financial losses, injuries, and emotional suffering.
When you hire an attorney to represent you, he or she will take several steps on your behalf, including:
To succeed in your motorcycle accident case, you will have to prove that the other driver’s negligence caused your injuries. To do so, you must have comprehensive and compelling evidence. Therefore, in pursuing your claim, your Houston motorcycle accident attorney will gather relevant evidence, such as witness statements, police accident reports, and traffic camera footage. Your attorney can then use this evidence to build a case against the other driver.
Prove Your Damages
Next, your attorney will work hard to prove your damages, which are losses stemming from your accident. A Houston motorcycle accident lawyer will do everything necessary to demonstrate your damages, including consult with your medical providers to accurately assess all your past, present, and future medical costs.
Negotiate with Insurance Companies
Insurance companies often do whatever it takes to pay out as little as possible to injured parties. So, when you hire an attorney, he or she will negotiate with the at-fault party’s insurance company on your behalf, representing your best interests and attempting to obtain a fair settlement. Without a motorcycle injury attorney on your side, however, your odds of success in dealing with the other party’s insurance company aren’t good. Insurance companies are simply too big and powerful to take on without legal assistance.
How Long Does It Take To Settle a Motorcycle Accident Case?
Following a motorcycle accident in Texas, you can seek financial compensation for your injuries by filing a personal injury claim. It typically takes a motorcycle accident claim anywhere from six months to a year from the date of the accident to settle. In fact, less complicated motorcycle accident cases are often resolved within a couple of months. However, every case is unique, so it’s difficult to estimate how long it will take your motorcycle injury attorney to settle your case. The amount of time it will take for you to obtain compensation for your injuries can depend on several factors, including:
- The value of your motorcycle accident case
- The seriousness of your motorcycle accident injuries
- The insurance companies involved
- The number of parties involved in your accident
- The case load in your jurisdiction
Should I Accept an Insurance Company’s Offer for My Motorcycle Accident?
Insurance companies are notorious for making lowball offers to injury victims. That’s why you should never accept the first offer that an insurance company makes to you. In fact, you shouldn’t consider any settlement offers until you’ve consulted with an experienced Houston motorcycle accident lawyer. Without an attorney to assist you, it will be very difficult for you to accurately value your case, meaning that you’ll have no way of knowing whether the insurance company has offered you a fair settlement.
Do I Really Need a Motorcycle Accident Attorney?
Motorcycle accidents can be devastating. This is primarily due to two factors. First, as opposed to automobiles, motorcycles offer their operators little protection from injury. Second, when a motorcycle collides with a larger vehicle, the motorcycle and its driver almost always bear the brunt of the impact. This often results in catastrophic, life-changing injuries. Legal cases involving these types of injuries can be extremely complicated, making legal assistance an absolute necessity. However, even motorcycle accidents involving minor injuries can be challenging, making legal counsel just as important in these types of cases. Therefore, regardless of whether you’ve suffered major or minor injuries, you need a Houston motorcycle accident attorney on your side.
Can I Handle My Motorcycle Accident Case Myself?
If you attempt to handle your Texas motorcycle accident case yourself, you run the risk of missing out on the financial compensation that you deserve. The legal system is rife with confusing jargon, frustrating paperwork, numerous deadlines, and complicated statutes that take years to fully understand. And to make matters worse, insurance companies have teams of aggressive attorneys standing by to defend their clients and keep injury victims from obtaining financial compensation for their injuries. Therefore, handling your case yourself is almost always a bad idea. However, when you work with an experienced attorney like those at Milano Legal Group, he or she will handle all aspects of your case, including:
- Sending investigators to the scene of your accident
- Determining who or what caused the accident
- Gathering evidence
- Fighting back against the insurance company and its legal team
- Dealing with deadlines, paperwork, and other legal requirements
What Damages or Compensation Can I Recover in a Motorcycle Accident?
If your Texas motorcycle accident case is successful, you may be entitled to compensation for a variety of damages, including:
- Medical expenses for the treatment of your injuries, such as medication, emergency care, surgery, rehabilitation, and assistive devices
- Property damage, which may include the cost of fixing or replacing your motorcycle
- Lost wages and earning capacity, including missed time at work and your inability to work in the future due to long-term disability
- Pain and suffering, such as mental distress, loss of enjoyment of life, scarring and disfigurement, and loss of companionship
- Funeral and burial expenses if you are pursuing a wrongful death claim on behalf of a loved one who was killed in a motorcycle accident
What Should I Do After a Motorcycle Accident?
To ensure that you obtain maximum financial compensation for your injuries following a motorcycle accident, it’s important that you take the proper steps. Therefore, following a motorcycle accident in Houston, Texas, you should do the following:
Seek medical treatment immediately: Bikers who are involved in accidents suffer serious injuries at much higher rates than drivers in other types of vehicles. Therefore, following a motorcycle accident, you should seek medical treatment immediately—and this applies even if you don’t believe you’ve been injured. Some injury symptoms can take days or even weeks to arise, so it’s best to receive a medical evaluation regardless of whether you are in pain following your accident.
Collect evidence: After you’ve been evaluated by a health care professional, you should begin to gather evidence for your personal injury case. Examples of evidence to gather following a motorcycle accident include:
- The names, insurance information, and contact details of everyone involved in the accident
- Medical records related to your motorcycle accident injuries
- The names and contact details of anyone who witnessed your accident
- Pictures of your motorcycle, the accident site, and any other vehicles that were involved in the accident
Contact a motorcycle accident lawyer in Texas: Finally, following a motorcycle accident in Texas, you should contact an attorney as soon as possible. At Milano Legal Group, PLLC, our experienced attorneys are here to help you obtain compensation for your motorcycle accident injuries. When you come to us for assistance, we will do everything in our power to ensure that you achieve a successful outcome in your Houston motorcycle accident case. Please contact us today to arrange a free initial consultation.