Did you know that over 2,000 motorcyclists sustained injuries in 2022? This number doesn’t only indicate how many motorcyclists sustain injuries in the state of Texas on average per year. It also indicates the seriousness of motorcycle injuries when they occur. Were you injured in a motorcycle accident? Hiring an experienced motorcycle accident attorney is paramount to getting the compensation you both need and deserve.
Motorcyclists Face Issues Filing a Personal Injury Claim in a World with Motorcycle Accident Bias
When you’re injured in a car accident, the claims process can be complex, but is otherwise relatively straightforward. You call the police, report the accident to your insurance company, and receive compensation for your damages.
But with motorcycle accidents the process isn’t as straightforward, mainly because many insurance companies still operate with motorcycle bias. Though the insurance company is never acting in your best interest with any type of claim, insurance adjusters as a whole are more likely to blame the motorcyclist for the accident and their subsequent injuries, paying out way less than what they need on their road to recovery. This bias comes from the way some motorcyclists drive, such as speeding, not wearing helmets, or riding in between lanes to get to their destination. However, actions like these don’t account for the majority of conscientious motorcycle drivers who adhere to the laws of the road and by proxy also deserve compensation for their injuries.
After all, motorcyclists often deal with serious injuries including but not limited to fractures, head and neck injuries, broken bones, whiplash, internal bleeding, and road rash. All of these are severe and will often result in missed time from work and extensive medical bills. This is where hiring a skilled personal injury lawyer comes into play.
How an Experienced Motorcycle Accident Lawyer Can Help You After a Significant Crash
Hiring a personal injury lawyer after a motorcycle accident in Tyler, Texas, won’t just make the aftermath of your accident easier; it will also likely yield a higher settlement amount. In fact, several studies confirm this, with injured victims receiving up to three times what they would have had they pursued action by themselves.
But getting you more money isn’t the only way a motorcycle accident lawyer can help you with your case. Here are some other ways we can help:
Investigate the Details of What Happened
In terms of pursuing compensation for your damages in a motorcycle accident, it’s not as simple as just saying you sustained injuries and receiving a lump sum. Instead, you must meet and prove basic elements to move forward. This is called the duty of care, and those elements include the following:
- The defendant had a duty of care owed to you (the plaintiff)
- The duty of care was breached
- The breach resulted in damages
- Those damages are compensable
For example, let’s say that you are driving your motorcycle down U.S. Highway 69 on a Tuesday night when a drunk driver collides with you. In the aftermath of the collision, you were tossed from your bike. You sustained road rash and a spinal cord injury that left you in a wheelchair. In an example like this, the intoxicated driver had a duty of care to operate a vehicle safely. By choosing to get behind the wheel while drunk, they breached the duty of care they owed to you and everyone else on the road that night. Furthermore, because you were injured and sustained life-changing injuries, those injuries can be compensated.
An experienced motorcycle accident attorney will investigate these details. They will also gather the police report taken at the scene of the accident, go through eyewitness accounts, and use accident reconstructionists to paint a clear image of how your injuries occurred and who can be held responsible.
They Can Ensure You File Within the Correct Time Frame
Without a lawyer’s help, you can miss the deadline to file a personal injury claim and thus miss out on your ability to collect compensation entirely.
In Texas, plaintiffs have two years from the date of injury to file a personal injury claim. There are some exceptions to this rule, such as if you were a minor when the injury occurred or if the defendant in your case is unable to be located. However, generally speaking, once this window closes, so does your ability to pursue compensation for the damages you accrued. Thankfully, a lawyer can monitor this time frame to ensure you’re meeting these filing deadlines. Otherwise, you might miss them while focusing on your recovery.
They Can Negotiate with Insurance Companies
In order to get you the money you deserve from the insurance company, your lawyer can get on the phone with them or meet them in person to negotiate.
Despite what insurance companies claim, they are not on your side. Rather, they are working for the insurance company and keeping their bottom line low. To keep these bottom lines low, they will try to minimize the true value of your claim. And, since most injured motorcycle accident victims don’t routinely speak with insurance adjusters, they may be caught off-guard by their tricks and not even realize they can get more money!
But a personal injury lawyer? They know the insurance company’s tricks and have negotiation strategies at the ready.
These are some ways an experienced motorcycle accident attorney in Texas can represent you on your road to recovery.
Contact an Experienced Motorcycle Accident Attorney Today to Represent You
If you were injured in a motorcycle accident, consult an experienced personal injury attorney to begin your claim.
Most motorcycle accident injuries are extremely serious and in many cases life-altering. Facing a new normal consisting of missed work, expensive repairs, and costly medical bills is a lot to undertake. But with an experienced motorcycle accident lawyer’s help, you can get the compensation you need.
At Vickery Law Firm, we have an experienced motorcycle accident attorney available to you so you can focus on what’s most important: your recovery. Call us today at (903) 504-5490 or use this contact form.