Motorcycle accidents are extremely dangerous. In the state of Texas in 2019, more than 1,800 individuals were seriously injured in a motorcycle accident. In the majority of these crashes, another driver’s negligence is to blame for the wreck. However, many motorcyclists face prejudice when attempting to recover damages in an insurance claim or personal injury case. Motorcyclists are often unjustly perceived as dangerous drivers and this bias can make it more difficult to recover full compensation for the motorcycle rider’s injuries.
Collecting Damages After the Accident
Motorcyclists are sometimes misperceived as reckless drivers. This bias persists in the courtroom and insurance agencies, making it challenging for a biker to recover full damages after a crash. Because of this obstacle, bikers must follow specific guidelines to give themselves the best advantage at restoring themselves mentally, physically and financially after the crash.
After most motorcycle wrecks, the motorcycle victim will be seriously injured and transported by EMS to the hospital. Mostly likely, the investigating officer will begin prepare the crash report (more commonly known as the police report) without the motorcyclist’s version of events. When able, the motorcyclist can hopefully provide input to the officer to supplement the police report. Families of the motorcyclist can also help in this regard by contacting the police department at issue. When speaking with the investigating officer, always collect as much information as possible, including the other driver’s name, phone number, and license plate number. Make sure you receive a copy of their insurance information as well.
The most important thing an injured motorcyclist (due to the negligence of another) can do is retain legal representation from a qualified attorney as quickly as possible. Do not provide any statements to any insurance company (the at fault party’s or your own). Instead, allow your attorney to deal directly with the insurance companies. Otherwise, your statements will be used against you as insurance adjusters are specifically trained to question claimants on speeds, distances and steering inputs to attempt to trip them up and create liability problems. Additionally, your qualified, experienced personal injury law firm representing you can help you receive necessary medical treatment without having to make up front payments.
Following the accident, the fault of the crash will likely be investigated by both your attorney and the insurance companies. A wide variety of factors will be considered in order to decide who in the accident acted negligently, including if the motorcyclist was wearing a helmet. While wearing a helmet is not required by law over the age of 21, the lack of a helmet may work against you in court, especially if you suffered head injuries.
In order to recover appropriate compensation after your motorcycle accident, the other driver must be found negligent, and the motorcyclist must be no more than 50% responsible or he/she will be barred from recovery. Once liability is proven, decisions can then be made in regard to the damages for which the motorcyclist is eligible to recover. In Texas injury cases, there are typically two categories of receivable damages:
Special Damages can be definitively connected to a specific injury and typically include:
- Medical expenses
- Lost wages / loss of earning capacity
- Property damage
General damages are non-financial and typically more difficult to quantify. They include losses such as:
- Physical impairment / loss of enjoyment of life
- Mental anguish
- Loss of consortium
Contact an Injury Attorney Today Who Serves McKinney, Frisco, Plano & Allen
If you or a loved one were the victim of a motorcycle accident, contact a qualified Collin County personal injury attorney, for help seeking financial compensation for your damages. Contact Burress Personal Injury Law to schedule a free consultation by calling 214-726-0016.
Burress Injury Law is a highly rated personal injury firm based in McKinney, Collin County, Texas. As of the date of this publication, we have recovered more than $150 Million on behalf of our clients. We have a winning percentage higher than 99.9% and we maintain a perfect 5.0-star Google rating after hundreds of client reviews. Our attorneys have tried more cases than any other injury law firm in Collin County.