Austin Motorcycle Accident Lawyer
Motorcycle accidents can be some of the most severe and catastrophic injuries that can happen on the road. Too often, a motorcyclist suffers the most because there is relatively little safety equipment that can prepare an exposed rider for a collision with a car or truck or being slammed to the road or pavement. When an accident unfortunately happens, riders can be thrown from their bikes, resulting in horrific injuries and, in some instances, death.
At Gibson Hill Personal Injury in Austin, our team is well equipped to take on any case involving an injured motorcyclist. We believe that anyone who shares the road should be treated fairly, which is not always the case for motorcycle riders. We are dedicated to protecting the rights of injured riders and will work tirelessly to build a strong case on behalf of you and your loved ones to hold the responsible party or parties accountable. Call us at (737) 249-6300 or reach out to us online for a free consultation with an Austin motorcycle accident attorney today.
Why Should I Choose Gibson Hill Personal Injury?
If you have been injured or tragically lost a loved one in a motorcycle accident, you may be entitled to financial compensation. Drivers have a responsibility to operate with caution and to keep safety as their top priority. Unfortunately, distracted driving and other negligent or reckless habits are on the rise, thereby making our roads much more dangerous. When drivers fail in their obligations to navigate safely, they are liable for the ghastly accidents they can cause. All too often, the motorcycle rider pays the highest price for another driver’s wrongdoing. Among other injuries, head and neck injuries along with “road rash” are common and can leave riders physically and emotionally traumatized.
While dealing with this trauma, it is nearly impossible for ordinary people to focus on building a legal case. You and/or your loved ones may be dealing with recovering from bodily injuries, emotional pain, and the stress of medical bills piling up around you.
With all of this going on, retaining an attorney is your best bet in pursuing a successful personal injury or wrongful death lawsuit. An experienced lawyer understands the law and can handle all of the logistics on your behalf. They can also take charge of the communication with insurance and defense lawyers to prevent them from harassing you or trying to get you to accept a premature, inadequate settlement. An aggressive legal advocate can assemble a case to bring you the compensation you need to care for yourself and your family.
At Gibson Hill Personal Injury, we understand the ordeal you and your loved ones are suffering. We are here to help guide you through your legal journey with compassion and care. You and your family should not suffer the financial burden and the anxiety after a negligent driver has injured you. We are committed to fighting for the rights of all motorcycle riders in Texas and can help you recover the compensation you are owed.
Our team will work in your best interest, meaning that we will never take the easy way out by accepting a low-ball settlement offer. We care deeply for the Austin community and will do whatever it takes – at the negotiating table and in court — to help you and your loved ones get your lives back on track. Relying on our team of personal injury lawyers can allow you to focus on recovering from your accident with peace of mind in knowing our firm is mounting a strong case on your behalf.
Steps You Should Take Following A Motorcycle Accident
Your injuries might prevent you from gathering evidence at the crash scene or exchanging insurance information with the at-fault driver. You should hire an experienced Austin motorcycle accident lawyer from Gibson Hill Personal Injury, and let us focus on the legal aspects of your case. Your primary focus right now should be on medical treatment.
If you or someone else calls 911 and requests an ambulance, let the emergency medical personnel transport you to a hospital. Or, if your injuries aren’t too severe, you can make an appointment with your doctor. However, you should not wait too long before your initial treatment.
If you go for long without getting treatment for your injuries after an accident, an insurance company may use that to justify denying your claim or offering a low settlement. The sooner you begin seeing a physician and following up regularly, the better chance you’ll have of receiving adequate compensation.
If you receive medical bills, doctor’s notes, or other documentation from your ongoing medical care, forward them to us. We will need to collect thorough records to prove you sustained injuries in the accident and that you sought treatment from a qualified healthcare professional to recover.
Don’t throw away any documents associated with the collision. That also includes repair estimates for the damage to your bike and any letters you receive from the at-fault driver’s auto insurance company.
What’s Involved In An Accident Investigation?
When you hire Gibson Hill Personal Injury, we can take on the responsibility of the investigation. If someone from law enforcement showed up at the accident scene, they should have written a crash report. We can request a copy to review and see what the investigating officer determined had happened and who was at fault for the accident.
We will also gather the evidence we believe will prove someone else caused the collision and that the injuries you sustained deserve financial compensation.
Some of the evidence we might collect includes:
- Statements from eyewitnesses
- At-fault driver’s auto insurance policy
- Your medical records and medical bills
- Damage estimates for your motorcycle and other vehicles involved
- Video surveillance of the accident
- Evidence from the scene of the crash
The evidence we find should show the at-fault driver’s insurance company that you need a specific settlement amount to compensate you for your losses. These losses could include financial costs, emotional suffering, and physical injuries.
We will aggressively negotiate for the maximum available insurance settlement so you’re not forced to pay for anything yourself. The other person’s negligence caused the accident, and they should be held liable for their actions.
What Compensation Can I Recover?
After you or a loved one has been injured in a motorcycle accident, there are naturally many concerns you may have. One important question you may be asking is how are you going to pay medical bills or shoulder other financial burdens while you are laid up? Unfortunately, motorcycle accidents often result in devastating injuries that can require expensive and far-reaching care. Financial hardship should never be a consequence of being injured by a negligent driver. Our firm will help you recover the compensation for physical and psychological trauma, which may include the following:
- Current or future medical bills related to the accident
- Pain and suffering
- Mental anguish
- Loss of earning capacity
- Lost wages
- Physical impairment/ disability
- Property damage, including repairs or replacement of your motorcycle
In Texas, victims in motorcycle accidents under certain circumstances can pursue punitive damages in court in addition to the above compensatory losses. Punitive damages are intended to punish drivers who acted with malice or gross negligence. In Texas, a special statutory regime applies to the potential award. Your motorcycle accident lawyer can go over the technicalities with you to determine if you might qualify.
Most Common Causes of Motorcycle Accidents
Too often, motorcycle accidents occur when car and truck drivers fail to keep watch for motorcyclists on the road. This can be due to improper mirror usage or other negligent actions. Accidents can also occur when vehicles fail to yield and give the right of way to motorcycles, exceed the speed limit, drive aggressively, in a distracted manner, operate their vehicle while impaired, or otherwise ignore traffic laws.
Common actions that can lead to drivers being liable for the injuries they cause to motorcycle riders include the following:
- Pulling out in front of motorcycles at intersections
- Swerving into a motorcycle
- Taking a left turn into the path of a motorcyclist who has the right of way
- Following too closely/tailgating
- Changing lanes without checking blind spots
- Speeding or driving too fast for road or weather conditions
- Becoming distracted behind the wheel, as in texting while driving
- Driving under the influence of drugs or alcohol
If you or a loved one has been injured in a similar accident, you may be entitled to compensation. Irresponsible car and truck drivers must be held accountable when they cause serious injuries to motorcycle riders. Our team will hold at-fault drivers responsible and help you recover the compensation you deserve.
Most Common Types of Motorcycle Accidents
Driver behavior isn’t the only problem you face when you take your bike out on the road. If you’re involved in an accident, you could suffer life-changing injuries, depending on the type of collision that occurs. The most common types of motorcycle accidents are:
- Head-on collision – Driver distraction can result in a motorist drifting into oncoming traffic, crashing into a motorcyclist. Head-on accidents are often catastrophic, leading to severe injuries and fatalities to bike riders and their passengers.
- Dooring – When someone parks their car on the side of the road, they could cause injuries to a passing biker if they don’t look over their shoulder before opening their door.
- T-bone accident – T-bone collisions typically happen when drivers don’t yield the right of way, crashing into the side of a motorcyclist proceeding through an intersection.
- Backing up – Motorists should always check the view out their back window, side- and rear-view mirrors before backing out of a driveway or parking space for bikers passing behind them. Failing to do so could cause a collision.
- Rear-end accident – Colliding with the back of a motorcyclist, especially at high speeds, could cause severe injuries to the bike rider. They could be thrown off their bike and suffer debilitating harm or death.
Many other types of accidents involving motorcycles could occur, resulting in injuries to the motorcyclist. If you were involved in any type of collision while riding your bike, Gibson Hill Personal Injury might be able to represent you and seek a monetary award to cover your losses. You shouldn’t be responsible for the cost of treating your injuries when someone else was at fault for the collision.
Injuries Often Sustained In Accidents On A Motorcycle
If you’ve never been involved in an accident while riding a motorcycle, it’s hard to imagine how severe the injuries can be. Bikers have very little protection from other vehicles when there’s a collision. It can be especially hazardous when the crash involves a car or truck.
The rider can be thrown from their motorcycle, suffering trauma to their body when they hit the pavement. They could also get run over by a vehicle or become impaled by flying debris.
The most common injuries motorcyclists typically suffer include:
- Road rash or burns
- Broken bones
- Crush injuries
- Loss of limb
- Head and neck injuries
- Traumatic brain injury
- Back injuries
- Internal bleeding
- Penetrating injuries
Many motorcycle accidents lead to the rider’s death. Those who do survive might struggle with ongoing pain or become disabled due to the extent of their injuries. You have a right to seek the maximum available compensation from the careless driver for the harm you endured. If you lost a loved one in a motorcycle accident, you could file a lawsuit to help pay for funeral expenses and other costs.
Gibson Hill Personal Injury Legal Fees and Costs
The Austin motorcycle accident lawyers of Gibson Hill Personal Injury understand the financial implications of an accident. You might not have the resources to afford adequate medical care, especially if you require future treatment for a permanent injury. The expenses you incur could place you in severe debt and cause significant stress as you find a way to pay for your bills.
We don’t want to add to the financial burden you’re already experiencing. That’s why we will take your case on a contingency fee basis. What that means is we won’t collect any upfront fees or costs when you hire us. If we’re able to recover compensation for your injuries and associated costs, that’s when we’ll expect payment of our legal fees. However, if we lose your case, you won’t owe us any money.
We also offer a free initial consultation. You can contact one of our Austin motorcycle accident lawyers and discuss your case. We’ll meet with you to review the details of your accident and determine the available options for pursuing compensation. If you decide you’re not ready to retain our services or choose to hire another firm, you won’t be charged for our time.
Motorcycle Accident Frequently Asked Questions
The aftermath of a motorcycle accident can be traumatic and confusing for anyone. The trauma you and your loved ones are dealing with may leave you with many unanswered questions. At Gibson Hill Personal Injury, we are committed to advocating for all injured motorcyclists. With that commitment in mind, we have provided answers to some of the questions we commonly receive from our clients.
How long do I have to file?
In Texas, you have up to two years after the date of your accident to file a personal injury lawsuit. There are a few exceptions to this, including if the victim is a minor or has mental challenges. Additionally, if the driver who is alleged to have caused your injuries leaves the state, their period of absence would not count towards the two-year time limit. Hiring an attorney can ensure that you meet all critical deadlines when filing a case. Given the evidence gathering that is required, waiting until the last minute to seek legal counsel is usually a bad idea.
In a wrongful death lawsuit, family members can file a lawsuit within two years of the victim’s passing. Wrongful death cases require extensive and complex pre-litigation investigation before you can file any legal papers. As such, it’s best to retain an experienced personal injury attorney sooner rather than later.
What if I am partially responsible for my accident?
In Texas, the courts follow a modified comparative fault law. This that if you are found to be partially responsible for your accident, you may still be able to collect compensation minus a deduction. The court will determine how much blame each party shares. This percentage will then determine how much compensation you can collect. If, for example, the court finds that you were 20% responsible for the accident, you can collect up to 80% of the potential compensation. If the court determines that you are more than 50% responsible for the accident, however, you won’t be able to recover any money damages.
What if I wasn’t wearing a helmet when my accident occurred?
Under Texas law, motorcyclists over the age of 21 may ride without a helmet under certain conditions. They must complete special safety training or carry at least $10,000 in health insurance. However, failure to wear proper safety equipment may reduce potential compensation in the event of an accident. And as a practical matter, wearing a helmet is advisable to help protect against traumatic brain or neck injuries, among other dangers.
Contact Us Today
If you or a loved one has suffered in a motorcycle accident involving a negligent, reckless, or otherwise law-breaking driver, we are here to help. Our team at Gibson Hill Personal Injury is devoted to justice and protecting the rights of injured motorcyclists in the Austin area and throughout the state. We take the well-being of the Austin community very seriously and are fully prepared to seek the compensation you and your loved ones deserve. For a free case review with an Austin motorcycle accident attorney, call us today at (737) 249-6300 or reach out to us online.