Getting into a motorcycle accident can be a terrifying and painful experience. If you crash your motorcycle in Huntsville, Texas, you’ll need to know what to do next because your actions can affect the outcome of any legal proceedings that follow. In this article, we will outline steps you can take to protect your rights if you encounter trouble on the road.
Common Motorcycle Accident Injuries
Motorcycle accidents can be disorienting and serious events. Because motorcycles are so exposed to the elements, riders often sustain severe injuries or die when they crash. According to the U.S. National Highway Traffic Safety Administration (NHTSA), motorcyclists were 24 times as likely to die in traffic accidents as car occupants (NCSA, 2023). Wearing a motorcycle helmet lowered the number of fatalities by 22% to 42% and reduced brain injuries by 41% to 69%.
The injuries most commonly associated with motorcycle accidents include:
- Back and spinal injuries, including slipped discs and crushed vertebrae
- Traumatic brain injuries and paralysis
- Head and neck injuries, including skull fractures
- Lacerations and abrasions, including road rash
- Joint injuries, sprains, and contusions
- Broken, fractured, and severed limbs
- Internal hemorrhaging and damage to internal organs
- Psychological injuries leading to depression, anxiety, and post-traumatic stress disorder
Common Causes of Motorcycle Accidents
Motorcycle accidents are more likely to happen when automobile drivers are tired, inattentive, or reckless; road conditions are poor; or a piece of equipment breaks down.
Some common causes of motorcycle accidents include:
- Distracted driving: Drivers who are texting, talking, eating, or otherwise distracted from driving are more likely to cause accidents than drivers who focus on the road.
- Reckless driving: Drivers who speed, fail to maintain a safe distance, or stop suddenly can pose a risk to motorcycle riders nearby.
- Merging accidents: Drivers who fail to look carefully as they change lanes are more likely to pull into the path of and collide with a motorcycle.
- Driving under the influence (DUI): Intoxicated drivers are more likely to drive erratically or lose control of their vehicles.
- Door-check accidents: Suddenly opening a door in the path of an approaching motorcycle can lead to an accident.
- Failure to obey signage: Drivers who turn illegally or fail to yield or stop can improperly enter oncoming traffic and cause accidents.
- Poor road conditions: Debris, potholes, oil, and other road hazards can cause accidents.
- Equipment failure: Design or manufacturing defects can cause parts of a motorcycle to fail and lead to an accident.
What Should I Do After a Motorcycle Accident?
After a motorcycle accident, you need to take steps to protect your health, wellbeing, and rights in case you need to make an insurance claim or file a lawsuit. Be sure to:
Get to Safety and Check for Injuries
If you’re involved in a motorcycle accident, prioritize your health and safety. If possible, move your motorcycle to the side of the road to get clear of traffic.
If you discover that you or other people involved in the accident are injured, call 911, but only leave the scene if your injuries are life-threatening or law enforcement clears you to go.
Call the Police
If the accident you’re involved in caused injuries or property damage, you must report it to the police. When you speak to law enforcement, stay calm and tell them the facts about what happened, but do not admit fault. When police arrive at the scene, they should create an objective report of the conditions they encounter. Remember to get a copy of the police report, which can be used as evidence when you make a claim or file a lawsuit.
Document the Scene
If you can, take photos or video of the accident scene and the damage done to your motorcycle before the scene has been cleared. These images can be used as evidence if you pursue an insurance claim or a lawsuit because they provide a means of reconstructing what happened during the accident.
Get Contact Information from Everyone Involved
Once you know that everyone is safe, get the contact information, license plate numbers, and insurance information of everyone involved in the accident. You will need the name of the other driver’s insurance company and their policy information to file your claim.
Collect Witness Statements
Locate and speak to anyone who witnessed the accident, and record or write down their statements. These accounts can help verify an objective version of what happened when opinions differ.
Keep up with Your Medical Treatment
After a motorcycle accident, it’s important to seek out medical treatment, go to all of your doctor’s appointments, and follow all of your doctor’s advice. Gaps in treatment that slow your recovery or negatively impact your long-term health can potentially reduce the value of your insurance claim. Be sure to obtain a copy of your medical records for future reference; they can help you when you pursue compensation.
Call a Lawyer
When you’re in a motorcycle crash, knowing what to do next can be confusing and complex. Hiring a motorcycle accident lawyer Huntsville will help you protect your rights and get the compensation you deserve if your accident was caused by another driver’s negligence or if you were seriously injured. Experienced motorcycle accident attorneys negotiate with insurance adjusters or pursue a lawsuit and put you in a position to prevail in your case.
Don’t Rush Your Settlement
It’s important to understand the full scope of your injuries before you settle your claim to ensure that you account for all of your expenses.
What Can an Attorney Do for You After a Motorcycle Accident?
In the aftermath of a motorcycle accident, a motorcycle accident attorney Huntsville can advise you about your legal rights and options for pursuing compensation and suggest a course of action. They can help you estimate your recoverable damages and advise you on the minimum amount you should settle for and the maximum amount you may receive from an accident claim. A motorcycle crash lawyer Huntsville can also investigate your accident, negotiate on your behalf, and help you adhere to any deadlines that may arise.
Why Do I Need a Motorcycle Accident Lawyer?
In any personal injury case, the insurance company will try to pay out as little as possible, no matter what is actually fair or equitable. An experienced motorcycle crash attorney Hunstville can assess the strength of your case and determine the size of the settlement we may be able to pursue. If the motorcycle crash law firm Huntsville is able to secure a fair and reasonable settlement, the case will not go to court. If you are clearly entitled to more than the insurance company will agree to pay, your lawyers can pursue the case in court.
How Long Do I Have to File a Claim After a Motorcycle Accident in Texas?
If you have been involved in a motorcycle accident, you need to claim compensation within the Texas statute of limitations, which defines the period of time you have to take legal action after an incident. In Texas, the statute of limitations on motorcycle accidents is two years, starting on the date the accident occurred. You cannot legally pursue compensation once time has run out, so it’s important to contact a motorcycle accident lawyer Texas quickly so you can file your claim promptly.
When Should I Contact the Insurance Company after a Motorcycle Accident?
After a motorcycle wreck, you should seek medical help before you contact the insurance company, unless you are the at-fault party. If you’re seeking compensation, you’re probably not at fault, so it’s the other driver’s responsibility to inform their insurance provider about the accident. Before you contact your insurance company or file a personal injury claim in Texas, it’s a good idea to get advice from an attorney. There’s a chance that the other driver’s insurance company will attempt to lowball you or deny your claim. A motorcycle accident attorney Texas who regularly works on motorcycle accident cases can help you find and recover all the damages you deserve, even if the insurance company initially denies the claim. If your case is strong, your attorney should be able to negotiate a reasonable settlement or file a suit in court.
After a Motorcycle Accident, What Kind of Compensation Might I Receive?
After a motorcycle crash, there are many types of damages you may recover, including:
Reimbursement for Medical Bills
Insurance companies often reimburse medical expenses for minor or serious injuries. After you file a claim, you may have to get a medical assessment, submit your medical records, and provide testimony on your experiences. If you cannot pay your medical bills, your lawyer may be able to protect you from debt collectors while you pursue compensation.
Compensation for Lost Wages
If you miss work and lose wages while you are recovering from your injuries, you may be able to recover compensation for current and future lost income and lost earning capacity from a settlement or lawsuit.
Compensation for Property Loss or Damage
When you make an insurance claim or file a lawsuit, the liable party’s insurance provider may reimburse you for lost or damaged property. If your lawyer believes it would be unwise to file a lawsuit for property damage, then your own insurance policy may agree to reimburse you for your losses.
Compensation for Pain and Suffering
In Texas, the term “pain and suffering” refers to recoverable non-economic damages that do not have an exact monetary value in personal injury claims.
Some types of pain and suffering damages you may be compensated for include:
- Scarring or disfigurement
- Physical pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Loss of consortium
Your attorney can advise you about the kinds of pain and suffering damages you can seek when you pursue a settlement or file a lawsuit with a Texas court.
Punitive Damages
When an at-fault driver acts with malice or gross negligence in Texas, you can pursue punitive damages to punish them when you seek to negotiate a settlement or file a lawsuit.
Call Our Attorneys for a Free Case Evaluation
When you are involved in a motorcycle accident in Huntsville, Texas, it’s important to seek legal advice before you make a personal injury claim. An experienced attorney will fight for your best interests and ensure that you get the best possible outcome when you pursue a settlement or lawsuit. Our lawyers can provide you with a free case evaluation to ensure that you are taking the correct steps to protect your rights after your accident. At [motorcycle accident law firm Huntsville], our trusted, expert attorneys help motorcyclists get the compensation they deserve. We are experienced motorcycle injury lawyers with a reputation for success, and we’re here to help you recover from your injuries so you can move into the future with confidence.
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