Motorcycle Accident Lawyer Houston
Motorcycles don’t offer the same type of structural protection that cars and SUVs do, and because many other motorists don’t notice a motorcycle on the road until it’s too late, a motorcyclist is especially vulnerable to injuries. You deserve the peace of mind that comes with hiring an experienced Houston motorcycle accident lawyer, one who can help you understand your options and rights after an accident. At the Ben Dominguez Law Firm, we have helped hundreds of accident victims recover full and fair compensation after a motorcycle accident.
How a Houston Motorcycle Accident Lawyer Can Help
An experienced motorcycle lawyer can help you recover the compensation you’re owed for your injuries and other losses after a serious motorcycle wreck.
Motorcycle accident claims usually require legal attention due to the severity of injuries sustained in the accident. Some of the most common injuries include spinal injury, traumatic brain injury, severe road rash, muscle injuries, bone fractures, and paralysis. If you sustained catastrophic injuries, an insurance company may try to downplay them to get you to accept a lower settlement than you deserve. Hiring an attorney will allow you to negotiate a better settlement, one that will match your damages. If the insurance adjuster refuses to offer a fair settlement, your legal team can take them to court.
Common Causes of Motorcycle Accidents in Texas
At the Ben Dominguez Law Firm, our team of motorcycle accident attorneys has dedicated their careers to helping accident victims. We have worked with hundreds of motorcycle accident victims over the years and found that the most common causes of Texas motorcycle accidents include:
- Making unsafe lane changes
- Failing to keep a proper lookout
- Passing too closely
- Aggressive drivers
- Driving while fatigued
- Distracted driving
- Illegal left-hand turns
- Illegal U-turns
- Blind spot
- Impaired drivers/drunk drivers
- Breaking roadway rules
- Ignored right-of-ways
- Defective motorcycle parts
These are common negligent driver errors that can result in a motorcycle crash in Houston. If a negligent motorist caused your accident, their insurance company can be held responsible for your bills. Other causes of motorcycle accidents can include road hazards, such as loose gravel and potholes, which can be disastrous for motorcycle riders. Our experienced personal injury lawyers can investigate your accident and build a strong case that will help you receive the settlement you deserve from the negligent parties.
Liability in Motorcycle Accidents
Negligent drivers are legally responsible, or liable, for most serious motorcycle accidents in Texas. A motorist may have to pay for damages after an accident if they were reckless or negligent in causing the crash.
If something else caused the accident, such as road defects, then someone other than the driver may be liable. The city of Houston is responsible for maintaining the integrity of its public highways and roads. If an obstructed sign, a missing guardrail, loose gravel, a dangerous construction zone, uneven shoulder, or a pothole caused your accident, then the city could be held liable. The city may be required to pay for your accident if it reasonably should have identified and corrected the defect before your accident.
A product manufacturer may also be held liable for a motorcycle accident. The company that produced or designed your motorcycle may be to blame if the accident was caused by a defective part, such as a defective helmet or bad brakes.
Damages in a Motorcycle Accident Case
The damages a motorcycle accident victim suffers can be significant depending on the facts of the case. Many of these collisions result in severe injury. These motorcycle accident injuries will stay with the victim for a long time. The severity of these types of injuries, both physical and psychological, can impact how much you receive in damages.
Damages you can receive compensation for in a personal injury claim include:
- Past and present medical expenses including physical therapy
- Pain and suffering
- Property damage
- Past and future lost earnings
- Emotional distress/mental anguish
- Loss of enjoyment of life
- Loss of consortium
Your claim for damages will depend on several factors including the severity of the accident, income, point of maximum medical improvement, and the extent of your injuries.
Do I Have a Motorcycle Accident Case?
If you’re unsure whether you have a case for damages after your accident, ask yourself the following questions:
- Was the other driver at fault? Was the accident caused by another driver’s failure to act or their actions? If so, you probably have a case.
- Were you injured in the accident? A motorcycle offers less protection than a car. Because of this, a motorcycle rider is more vulnerable to catastrophic injuries in the event of an accident. Even if your injuries seem minor, you may still be eligible for damages.
- Did you require medical treatment? If the injuries you sustained required medical attention, then you’re likely eligible to file a claim. Medical expenses after a serious accident can quickly pile up. Don’t put off seeking compensation for damages.
- Did you miss time from work? In many motorcycle accidents, the motorcyclist is severely injured and forced to take time off work as they suffer from chronic pain on their road to recovery. If you missed time from work due to the injuries you sustained in the accident, you can file a claim for compensation.
- Did the accident impact your quality of life? Catastrophic accidents can have an emotional and physical impact on the accident victim’s quality of life. Your injuries may prevent you from participating in the activities you used to enjoy. Serious accidents can lead to mental health issues including depression, PTSD, and anxiety. If this happened to you, you must file a claim for compensation.
Why Are Motorcycle Accident Cases More Complicated?
There are many factors that make this type of claim more complex compared to accidents that occur between two passenger vehicles.
Motorcycle accident injuries are usually more severe and costly compared to the injuries sustained in other types of accidents
A motorcycle accident can be more challenging because of the many unfair stereotypes that are often used against the accident victim. Many jurors and insurance companies have an unfair impression of motorcyclists, believing they are aggressive, reckless drivers. A motorcyclist must overcome this prejudice and prove that the other driver is to blame for the accident.
An experienced, skilled attorney can provide legal services that will help prove your case and ensure you receive the compensation you deserve.
How We Can Make a Difference in Your Case
When you work with experienced motorcycle accident lawyers at the Ben Dominguez Law Firm, we offer services such as:
- In-depth investigation. Our firm has the resources at our disposal to fully investigate your claim and gather evidence. Our goal is to prove the other driver is at fault. Our legal help allows you to focus on your recovery.
- We will take over communication with the insurance company and the other driver. It’s critical to be extremely careful when sharing any information concerning your accident. We’ll speak to the other driver and their insurance company. Taking over communication can prevent you from saying anything that may be used against you.
- We can assess the value of your case. A motorcycle accident can lead to hefty damages, such as medical bills, lost wages from work, the cost to replace or repair the motorcycle. There may be other losses including the need for future medical treatment. Our firm will fight for every penny of compensation you deserve.
- We will represent you at trial, if necessary. Most motorcycle claims are resolved out of court. However, lawsuits are sometimes needed to force the insurance company to pay the accident victim the compensation they deserve.
Building a Strong Case
To claim fair compensation, you must prove that the accident was the fault of the other driver. You must also prove that the driver’s actions or failure to act resulted in the accident. The experienced lawyers at the Ben Dominguez Law Firm can help you gather the evidence needed to establish the other driver was at fault.
Evidence can include:
The responding police officer will investigate the accident and may issue a citation for fault once the investigation is complete. A police report can be used as a cornerstone in a motorcycle accident claim. However, it’s important to keep in mind that the police don’t decide civil liability for an accident.
Photos from the Accident Scene
Photos can lend more context to an accident scene. Photographs can show the extent of damage to your bike, any hazards the other driver or you should have seen, the general conditions of the road, and inclement weather conditions.
If any parties witnessed the accident, their testimony can be used to shed more light on who might be to blame.
An accident reconstructionist can highlight the details that the police may have missed. Those details can be helpful in pinpointing who should be held liable for the accident.
Once fault has been established, our attorneys can use your medical records and other types of evidence to substantiate your claim.
Steps a Motorcyclist Can Take After a Crash Occurs in Houston
There are some steps victims of motorcycle accidents can take after an accident to protect their claim and their rights.
Contact 911 and notify the dispatcher if you’re injured or anyone in your vehicle is injured.
Speak to the Police
Wait for the police to arrive on the scene. Provide only the facts when they ask you questions concerning what happened.
Seek Medical Treatment
Even if you feel fine after an accident, you must still seek medical treatment as soon as possible. Not only does this ensure your wellbeing, but it also establishes a solid link between your injuries and the accident.
If it’s safe to do so, you can gather evidence at the scene of the accident. Use your phone to take photos of the damage done to all vehicles involved, weather conditions, traffic conditions, your injuries, and more.
You should also obtain the names and contact information of everyone involved in the accident, including contact information for anyone who may have witnessed the accident. Your attorney may want to contact them later and get their statement.
Contact a Personal Injury Attorney
Victims of motorcycle accidents should contact a skilled Houston motorcycle accident attorney as soon as possible. A lawyer can use their legal expertise and resources to handle every aspect of your claim.
In the weeks following the accident, there are other steps that you should take to ensure that you receive maximum financial compensation for your losses. This includes:
Make it to Every Doctor Appointment
You should continue to seek medical treatment and follow-up care until your doctor says you have reached maximum medical improvement. Failure to continue with your medical treatment can result in the insurance company denying your claim. Additionally, if new symptoms arise after the accident, you should seek immediate medical treatment.
Keep Track of All Accident-Related Expenses
It’s important to keep track of all accident-related expenses so that your lawyer can accurately and properly calculate total expected losses.
Contact a Houston Motorcycle Accident Law Firm
In the confusing aftermath of a motorcycle accident, take steps to protect your claim and your rights. Contact an attorney at the Ben Dominguez Law Firm as soon as possible to schedule an accident case consultation. We can go over the facts of your case and discuss what your legal rights and options are. If you decide to work with us, we can guide you through the entire legal process and help you obtain the financial compensation you deserve for your injuries and other losses.
Ben Dominguez Law Firm4899 Montrose Blvd, #1512, Houston, Texas 77006