Should I Hire a Lawyer Who Specializes in Motorcycle Accidents?
If you have been injured while riding your motorcycle, you shouldn’t hire just anyone to represent you. Instead, it’s critical that you choose someone who specializes in motorcycle accident cases. Let’s take a closer look at why you should hire a motorcycle accident attorney and the potential pitfalls of choosing someone else.
Why Motorcycle Accident Cases are Different
Motorcycle accident cases are much different than automobile cases simply because motorcycles are built and operated much differently than passenger vehicles. It’s also important to understand that the legal system may view motorcyclists differently than passenger vehicle operators. Therefore, it’s critical that you have a motorcycle wreck lawyer handle your case who understands these and other specific issues related to your case.
Severity of Injuries
While riding a motorcycle, you have little more than a helmet and some leather clothing to protect you against the elements. If you’re hit by a car, you could easily be thrown hundreds of feet from your bike. You will also take the full brunt of the impact with that vehicle, which means that you’ll likely suffer serious injuries regardless of how big the car or truck is that hits you.
Ultimately, you are at a greater risk of serious injuries such as internal bleeding, broken bones and a concussion. You may also incur lacerations and other damage to your skin.
There is also a chance that you’ll incur injuries to your ears or eyes if you don’t wear goggles or other protective equipment when you ride. A motorcycle wreck attorney can help you prove that another person caused your injuries and pursue compensation.
Bias Against Riders
It’s not uncommon for people to believe that motorcyclists are little more than a nuisance on the roadways. This is in part because motorcycles themselves tend to be loud, and some riders take aggressive actions such as lane-splitting that others on the roadway may not like even if they are legal.
Ultimately, those investigating your wreck may try to hand wave your claims away or do the bare minimum trying to determine what happened. Furthermore, opposing counsel or a jury may not take your case seriously unless you have a motorcycle collision lawyer by your side.
Complex Fault Issues
Determining fault in a motorcycle accident case may be harder because there are factors that might not exist in a motor vehicle accident case. For instance, let’s say that the wreck took place because you had to swerve to avoid gravel or other debris in the roadway.
In such a scenario, the other driver in your case may not necessarily be at fault for the collision. However, you may have a case against the government agency responsible for keeping the roads in rideable condition. You may also have a case against individual road workers who created the hazardous conditions.
Let’s say that a wreck happened because your bike skidded on a road covered in grass. In that scenario, you may have a case against the owner of the property where the grass came from. Alternatively, you may have a case against the lawn care employee who failed to remove the grass from the road after cutting it.
Higher Stakes
A motorcycle collision attorney understands just how important getting a favorable judgment is in your case. Your injuries may prevent you from working, spending time with your family or engaging in other activities. Without compensation from the parties responsible for your injuries, you may not get the care needed to improve your quality of life or ensure that your family is taken care of.
Benefits of Hiring a Specialized Motorcycle Accident Lawyer
Working with a motorcycle injury lawyer is critical because you need someone to fight back against a system that is designed to work against you. Your attorney will work hard to ensure that the insurance companies and others in your case provide the compensation that you’re entitled to in a timely manner.
Experience With Motorcycle-Specific Claims
Working with a motorcycle injury attorney gives you access to someone who understands the nuances to your claim. For instance, you may have a right to compensation to replace your bike, your helmet or other items lost or damaged in the wreck. You might also be entitled to reimbursement for any out-of-pocket medical costs that weren’t covered in the immediate aftermath of the wreck such as seeing a doctor.
Familiarity With Texas Laws
In Texas, you typically have two years after the date of an accident to file a lawsuit. However, you may only have six months to file a claim against a government agency. Furthermore, there may be extra steps that must be taken when pursuing a case against a county road crew compared to a civilian motorist.
Your attorney will also be aware of punitive damage caps or other rules that might impact the structure of a final award. Having counsel on your side means that you reduce the risk of taking a deal that the other side won’t actually have to honor or that is likely to be reduced or overturned upon appeal.
Handling Insurance Company Tactics
Whether you’re working with your own insurance company or interacting with the defendant’s insurance company, it’s important to protect yourself. It’s not uncommon for coverage providers to make a settlement offer in the days after the wreck in an effort to avoid a trial or good faith settlement talks.
Obviously, you’re going to be stressed, in pain and not in the right frame of mind to make a good decision. You may also be asked to make multiple statements or take other actions in an effort to gather information that can be used against you later. Your attorney will see through these tactics and work to ensure that you get a settlement or jury award based on the facts of the case.
Access to Expert Resources
An attorney may be able to find expert witnesses to provide more context to potential jurors in your matter. Legal counsel may also have the financial resources to track down witnesses, recreate the crash scene or take other steps to get to the bottom of what happened to you. Finally, legal counsel has access to paralegals and other professionals who are good at finding legal precedents or taking other actions to defend your interests if your case is a complicated one.
What Could Happen Without a Specialized Lawyer
Without help from legal counsel, you might take a settlement for less than you are entitled to receive. It may also take longer to settle the case or to receive payment if you don’t have someone on your side who can help move proceedings along in a timely manner. It’s also possible that you won’t have access to key evidence or overlook something because your untrained eye didn’t think it was important to your case.
Undervalued Claims
You’re probably aware that you can make claims for lost wages and medical bills in an accident case. However, you may not realize that you can seek claims for lost future earnings, emotional distress or loss of consortium with a spouse.
You may also be able to make a claim for ongoing expenses such as medical bills or the cost of hiring someone to complete tasks that you’re incapable of completing on your own. Finally, you might have a claim for the cost of refurbishing a home or car or other costs related to the defendant’s negligence in causing your motorcycle wreck.
Lost Evidence
If you don’t act quick, you may lose out on video footage from a nearby security camera or find it difficult to get access to a bystander’s phone. An attorney may be able to subpoena those records or otherwise get them before the footage is taped over or otherwise erased. Legal counsel may also gain access to medical records, insurance documents or anything else that you may have a hard time getting on your own in a timely manner.
Fault Misrepresentation
Texas uses a modified comparative fault system, which means that you can collect damages even if you’re partially at fault for the wreck. However, without an attorney, it may be difficult to prove that you weren’t responsible for the wreck or to minimize your role in the events that led up to it.
Let’s say that you were awarded $100,000 but were deemed to be 10% liable for the crash. In such a scenario, you would receive $90,000 from the defendant. However, if you were deemed to be 40% liable, you would only receive $60,000. Therefore, having an attorney on your side could prevent you from losing thousands of dollars even if you weren’t completely blameless for what happened to you.
How Haney Paschal & Romoser Can Help
The firm of Haney, Paschal & Romoser can help you with your case in a number of different ways. First, we can review your case for free to determine what types of damages you might be entitled to.
If hired, we’ll use our expertise and resources to create a strategy to maximize your odds of obtaining a favorable outcome in a timely manner. In most cases, this means pursuing a settlement, but if necessary, we’ll take matters to court to protect your interests.
We pride ourselves on our professionalism and commitment to our clients. You will be treated with dignity and respect from day one, and we’ll do whatever it takes to meet your needs regardless of how long it takes to resolve the matter.
FAQs
What Are the Benefits of Hiring a Motorcycle Accident Attorney?
There are many benefits to hiring an attorney such as protection against insurance company tactics and reducing the risk of an undervalued claim. Your attorney will also understand Texas law and use it to your advantage whenever possible.
What Happens If I don’t Hire a Motorcycle Collision Attorney?
Failing to hire an attorney may increase your risk of accepting a settlement too early or that doesn’t address all of your claims. You may also be at an increased risk of having your case thrown out or being blamed for the accident despite the evidence suggesting otherwise.
When Should I Hire a Motorcycle Wreck Attorney?
Ideally, you’ll talk to an attorney as quickly as possible after a wreck even if you aren’t sure if you have a case. Doing so allows you to evaluate your options and get a better idea of how to proceed, which helps to protect your interests both now and in the future.
Specialized in Motorcycle Accidents
If you have been involved in a motorcycle wreck, don’t trust just any law firm to handle your case. We specialize in motorcycle accident cases, which means that we have a thorough understanding of your needs and how to apply the law to your case. When you are ready to talk to a compassionate, professional and tireless representative, don’t hesitate to get in touch with us.