Houston Tailgating Motorcycle Accident Lawyers
If you were in an accident while riding your motorcycle because another driver was tailgating you, you might be entitled to compensation for your medical treatment and property damage. The negligent party’s actions caused the suffering you were forced to endure, and they should be held liable. At Gibson Hill Personal Injury, our Houston personal injury lawyers have the experience and resources necessary to pursue a legal case and recover the monetary award you deserve.
Texas’s fault system automatically places financial responsibility on the person at fault for a motor vehicle accident. If the other driver was following your bike too closely and caused a crash, they should be responsible for covering your expenses. Tailgating is dangerous and often results in rear-end collisions, severe injuries, and even death to motorcyclists.
What Is Tailgating?
Tailgating occurs when a driver follows a vehicle ahead of them too closely. This usually prevents them from braking in time to avoid a crash if the person ahead stops or slows down suddenly.
If you notice someone driving a car, truck, or another vehicle is tailgating there are certain things you can do to keep yourself safe and try to prevent an accident, such as:
- Merge into another lane so the driver can pass you.
- Without exceeding the speed limit, drive a little faster to put more space between yourself and the vehicle behind you.
- Exit the road and take a different route to your destination.
- Avoid brake-checking the driver. That could make the situation worse and cause them to become aggressive with you.
Many experts recommend leaving at least three seconds between yourself and the vehicle in front of you. The three-second rule works by choosing a stationary object ahead of you. Start counting when the car in front of you passes the object, and see how many seconds it takes for you to pass it. If it takes less than three seconds, you’re too close.
Unfortunately, when someone tailgates a motorcyclist, it can cause severe injuries and even fatalities when an accident occurs. With nothing to protect you from the impact of a collision other than your helmet, you would likely sustain debilitating physical harm.
Making the Right Decisions After A Motorcycle Accident Is Crucial
If someone causes an accident while tailgating you, there are things you need to do at the scene and during the weeks and months that follow to protect yourself and your rights. Too often, motorcyclists will mishandle the aftermath of a collision, resulting in much less compensation than they need and deserve. It’s vital that you hire an experienced Houston tailgating motorcycle accident lawyer to begin working on your case and gather evidence right away.
If you can obtain the at-fault driver’s auto insurance information and take photos of the crash site, be sure to do so. However, if your injuries are too severe, you should focus on your recovery. Gibson Hill Personal Injury can handle the legal aspects of your case. They can locate all available evidence to prove the other person involved in the collision was to blame for your injuries.
As soon as you leave the accident scene, go to the hospital. The doctor might order x-rays or determine that you require surgery to treat the injuries you suffered. You should follow the treatment plan they recommend. Insurance companies often look at medical records when determining the settlement amount an accident victim deserves. If there’s a gap in treatment, that could negatively impact the outcome of your insurance claim.
Compensation Available After A Motorcycle Accident In Houston
State law requires all vehicle owners and operators to carry liability insurance. This can cover an injured party’s losses if the driver causes an accident. The fault system automatically holds the at-fault motorist financially responsible for the victim’s injuries, medical expenses, and other costs. The minimum liability limits drivers must purchase are:
- $30,000 for bodily injury
- $25,000 for property damage
You could file a claim with the other person’s liability insurance company if tailgating was the direct cause of the crash. The losses available in this type of case could include:
- Past and future medical bills
- Pain and suffering
- Loss of enjoyment of life
- Disability or physical impairment
- Property damage
- Lost income
- Lost future earnings
- Mental anguish
- Loss of consortium
Insurance companies have the job of reviewing the details of someone’s motorcycle accident to decide if they deserve any amount of compensation for their losses. Although you might think they’re on your side, their goal is typically to save money for their company. They might try to find any valid reason to deny your claim or offer a low settlement amount.
At Gibson Hill Personal Injury, our team of Houston tailgating motorcycle accident lawyers wants to ensure you receive the highest monetary award possible, so you’re not forced to pay for any expenses out-of-pocket. We will be aggressive in our negotiations with the insurance company to recover a settlement we believe is fair.
Some of the factors we might consider while determining the compensation you deserve are:
- Type and severity of your injury
- Amount of hours/days you can’t work due to your injury
- Evidence that the other driver’s tailgating was the cause of the collision
- How much the injury affects your daily routine
- Duration of necessary medical treatment
- Total medical expenses incurred and estimated cost of future medical care
- Insurance coverage available from the at-fault driver’s liability policy
How To Seek Compensation When An Uninsured Driver Causes An Accident
If you were in a motorcycle accident with a driver who doesn’t have liability insurance, there are still options you could choose to recover the money you need to pay for your medical bills and other losses. Motorcyclists can purchase uninsured motorist (UM) coverage when buying an insurance policy. Although it’s not a legal requirement in Texas, all insurance companies must offer UM insurance to their policyholders.
If you chose to include UM insurance on your policy, you could file a claim to compensate for your medical expenses, lost wages, pain and suffering, and property damage. UM coverage could also supplement any remaining losses that the liability claim doesn’t cover. For example, if the at-fault driver’s liability limit is the minimum of $30,000, but your total losses are $35,000, you could file a UM claim to compensate for the other $5,000.
If you don’t have UM insurance, you might be able to sue the other motorist. There is a specific deadline you must file by, or you could lose your right to compensation. This is known as a statute of limitations. In Texas, there is a two-year statute of limitations. You would have to file suit within two years of the motorcycle crash if you want to seek compensation from the at-fault driver. After the deadline has passed, you could lose the opportunity to hold them accountable for their actions through the court system.
Two main exceptions to the statute could potentially pause the clock on the two-year countdown:
- You were under 18 years old at the time of the accident. The clock would start when you turn 18.
- You were of unsound mind when the crash happened. The clock wouldn’t begin unless you gain mental competency.
Your Houston tailgating motorcycle accident lawyer from Gibson Hill Personal Injury will review all details related to your case to determine the best course of action to take. The circumstances of the crash will decide whether it’s better to file an insurance claim or lawsuit.
We will guide you through the complicated legal process and be sure to make the decisions that are in your best interest. We want to reach your legal goals and recover the maximum available compensation to help you move forward.
Contact Us Today For A Free Consultation
The Houston motorcycle accident lawyers of Gibson Hill Personal Injury know the suffering you’ve endured since another person’s tailgating caused your injuries. You not only have the physical pain to heal from but also the emotional and psychological harm. It can be overwhelming when you’re trying to recover after an accident and also have a confusing legal case to handle. We will relieve you of that burden and take on each step of the process on your behalf.
The Houston personal injury attorneys of Gibson Hill Personal Injury will take your case on a contingency fee basis. That means you won’t be required to pay upfront for our legal services when you hire us. We only collect our legal for someone’s case if we successfully win financial compensation for them. If we lose, you won’t have to pay us anything.
Our legal team will fight for the justice you deserve. We can help you hold the at-fault driver responsible for what they’ve done and seek the compensation you need to cover your losses and heal your injuries. We want to ensure that you get your life back on track so you can put this traumatic experience behind you and move on.
If you suffered injuries in a tailgating accident in Houston, do not hesitate to contact Gibson Hill Personal Injury right now at (713) 659-4000. One of our Houston tailgating motorcycle accident lawyers will be happy to meet with you for a free consultation and discuss how we can help.