Did you get hurt in a motorcycle accident in Texas? Do you need help pursuing financial compensation for your injuries? If so, Gibson Hill Personal Injury can help. We have experience ensuring that victims of motorcycle crashes hold the negligent party accountable for their actions and receive the maximum financial award.
Motorcycles are dangerous, and getting into an accident can result in severe injuries or death. Motorcycle crashes are especially devastating if it involves a large vehicle, such as a passenger car or truck. That’s because motorcyclists can’t protect themselves from the initial impact or flying debris. When they collide with another vehicle or stationary object, there isn’t an airbag or seatbelt to absorb the physical shock. Riders typically get ejected off their bike and suffer additional injuries after the first impact injury.
At Gibson Hill Personal Injury, we’ve worked hard to earn the trust and respect of our past clients and peers, and we’ll dedicate ourselves to your case, as well. You don’t have to pursue your legal claim alone. Call Gibson Hill Personal Injury at (713) 659-4000 so we can review the details of your accident and all of your legal options.
Motorcycle Accidents Can Cause Fatal Injuries
Since motorcyclists don’t have much protection when a crash occurs, the injuries they sustain can be life-threatening. The only thing protecting you is the helmet you’re wearing, and even that can’t always prevent a severe head injury.
The common injuries that motorcycle accident victims suffer include:
- Spinal cord injury or paralysis
- Dismemberment or amputation injury
- Traumatic brain injury
- Permanent disfigurement
- Broken bones
- Deep wounds and cuts
- Physical or mental disability
Many injuries can become permanent. If there’s an impairment or form of disability, you may require lifelong medical treatment. Some people might need nursing home care, while others need ongoing doctor appointments to manage chronic pain. This situation can upend your life and create a financial burden, especially if you’re unable to maintain employment.
Do I Qualify for Compensation from the At-Fault Driver?
If you choose to pursue a motorcycle accident case, you’ll need to prove negligence existed so you can collect compensation from the other motorist. Negligence is the legal duty of care a reasonable person owes someone else to prevent them from harm. Four elements of negligence must exist at the time of the crash to move forward with your case:
- Duty: The negligent driver owed you a reasonable duty of care to prevent an injury;
- Breach of duty: They breached their duty;
- Causation: Their breach of duty caused your injuries; and
- Damages: You suffered damages as a result of your injuries.
Examples of negligent behaviors that lead to motorcycle crashes include:
- Driver inattention, such as texting
- Drug or alcohol impairment
- Failure to yield to other vehicles
- Failure to follow traffic laws
- Reckless or aggressive driving
If the other person involved in the crash behaved negligently, you would be entitled to compensation through an insurance claim or lawsuit. There are various methods for holding the other person financially responsible, and Gibson Hill Personal Injury can help you decide which option would work best for your situation.
Proving Fault After a Motorcycle Accident in Texas
To prove the other person caused your motorcycle crash, you’ll need sufficient evidence to show the insurance company. Your Texas motorcycle accident lawyer from Gibson Hill Personal Injury will work hard to gather comprehensive evidence on your behalf.
The evidence we’ll need to obtain to show the other person was at fault for the accident may include:
- Crash scene photos
- Pictures of damage to your motorcycle and other vehicles involved
- Copies of your medical records
- Police reports
- Video surveillance of the accident
- Eyewitness statements
- The at-fault driver’s cell phone records, driving history, toxicology report, and other relevant documentation
- Copies of all available insurance policies
Gibson Hill Personal Injury, we can leverage the input and testimonies of medical, financial, and accident reconstruction experts to help support your claim. We’ll work hard to ensure our investigation is thorough, making it extremely difficult for the insurance company to deny your claim.
How to Determine the Value of Your Case
After filing a motorcycle accident claim, you might wonder how much compensation you deserve. The maximum settlement amount will depend on various factors, such as:
- The type and seriousness of the injury
- Duration of necessary treatment
- Length of time it takes to recover
- Disability resulting from the injury
- Impact on quality of life
- Inability to perform work-related duties
- Total medical expenses
- Amount of relevant evidence proving fault
- Liability insurance coverage
- Statements from friends and family who witnessed the effect of the crash
The losses you suffered are known as damages. They fall under two categories: economic and non-economic. They’re the result of your treatment and suffering you had to endure because of your injury. The damages you could seek compensation for after a motorcycle accident include:
- Past and future medical costs
- Lost wages and lost earning capacity
- Repair or replacement of motorcycle
- Out of pocket expenses
- Pain and suffering
- Emotional or psychological trauma
- Disfigurement or disability
- Loss of consortium or companionship
Punitive damages are also available if you decide to file a lawsuit against the liable driver. Unlike economic and non-economic damages, it doesn’t compensate you for your losses. Punitive damages are the result of negligent or reckless behavior. If you believe the other party’s actions were entirely egregious, you can seek punitive damages as a form of punishment.
Can I Still Pursue Compensation if the At-Fault Driver Doesn’t Have Insurance?
Yes. Even though Texas laws require all motorists to carry liability auto insurance, there’s a surprising number of people driving around without it. If you sustain an injury in a motorcycle accident and the person who caused it doesn’t have insurance, you can file a claim with your insurance company.
Uninsured/underinsured motorist (UM) coverage is an optional insurance coverage all drivers can choose on their policy. Much like liability insurance, UM will compensate injured victims for damages such as:
- Medical bills
- Lost wages
- Car repairs
- Damage to personal property
- Pain and suffering
- Disfigurement or disability
Most people will file a UM claim to supplement the remaining damages that the liability auto insurance doesn’t cover, but you can also use it if the liable motorist doesn’t carry insurance.
The great thing about UM coverage is multiple people can use it to seek compensation. If your passenger got hurt, they could file a claim with your UM policy. Additionally, anyone driving your motorcycle with your permission and family members can use your UM coverage for damages.
Would It Be Better to Settle My Insurance Claim or File a Lawsuit?
It’s your decision whether you want to accept the insurance company’s settlement offer or sue the at-fault driver for your motorcycle accident injuries. Gibson Hill Personal Injury will advise you on the best options, but you can decide which one meets your goals.
Since motorcycle accidents often result in severe injuries that require extensive medical treatment, high coverage is necessary. You can file an insurance claim for the maximum coverage available and additionally sue the negligent driver. If they were drunk or committed a crime behind the wheel, you could seek punitive damages on top of compensation for your economic and non-economic damages.
Whichever path you choose, you can depend on us to remain by your side until the end. Our goal is to ensure the insurance company treats you fairly and pays you the money you deserve so you don’t have to go through the stress of a trial. We’re prepared to fight for your rights and take your case to court if we have to.
Never Admit Partial Fault for Your Motorcycle Accident
If you’re the victim of a motorcycle crash and you intend to recover compensation, you must not admit fault. When an officer shows up to the scene to investigate the accident’s cause, don’t provide too much detail. Just tell them the facts of the accident, as you understood them.
Texas is one of many states that follow a modified comparative fault system. This prohibits injured victims of crashes from collecting any compensation if they’re over 50% at fault. If they’re less than 51% at fault, they can pursue compensation but at a reduced amount.
As an example, let’s say you suffered $100,000 in damages from a motorcycle accident. If the other person was 80% to blame, but you share 20% fault, your compensation would get reduced by your percentage of shared fault. So, the maximum financial award you would be entitled to is $80,000.
Choose Gibson Hill Personal Injury
Our Texas motorcycle accident lawyers understand the devastation you’re experiencing. Something like this can impact every area of your life and prevent you from enjoying the things you enjoyed before the crash. We know you’re struggling and want to help you seek justice. We will advocate for your rights and ensure the insurance company treats you fairly throughout the process.
When you hire Gibson Hill Personal Injury, we’ll treat you with respect and compassion. We care about our clients and will make you our top priority. Our team of professionals is available 24/7 to take your call and answer your questions. You can depend on us to make ourselves available when you need us.
To find out more about our legal services and how we can help you after your motorcycle accident in Texas, call us today at (713) 659-4000 or contact us online.