You expect an amazing experience when you ride your motorcycle in Houston. However, when a motorist is negligent, crashes their car into you and your bike, and causes you to get hurt, you can hire a Houston motorcycle accident lawyer to help you pursue damages.
A Houston personal injury lawyer from Lowe Law PLLC can help. To date, we have recovered millions in damages in personal injury cases. Let us help you with your motorcycle collision case.
Who Is Liable for a Motorcycle Collision in Houston?
In many cases, a negligent driver is at fault. For instance, a motorist takes their eyes off the road, does not see you when you are riding your motorcycle, and crashes into you. In this instance, the driver could be held responsible for the incident.
There are scenarios where a motorcycle parts developer, government agency, or another party is at fault for an accident. To determine who is at fault, ask a Houston motorcycle accident attorney to review your case. By working with a motorcycle and automobile crash lawyer, you can identify any liable parties and seek compensation accordingly.
At Lowe Law PLLC, we are focused on saving the world, one client at a time. If you want help from a motorcycle accident lawyer in Houston, we are here for you. Request a case consultation today.
How a Motorcycle Accident Claim Works
You may wonder if you need insurance for a motorcycle or moped in Texas. You are legally obligated to purchase insurance coverage to legally operate a motorcycle anywhere in the state. The coverage protects you if you are liable for an accident.
In a situation where a negligent motorist is at fault for your motorcycle crash, notify your insurance carrier. Next, your insurer can work with the liable party’s insurance carrier to help you get compensation. In one of the best-case scenarios, both insurers investigate your accident, find you are not at fault, and give you compensation you can use to recover.
Generally, a liable party’s insurer is likely to advocate for their client and their best interests. This means the insurance company could dispute your claim, even if you are not liable for your accident. With help from a motorcycle accident attorney in Houston, you can negotiate with an insurance company or request damages through a personal injury lawsuit.
When to File a Motorcycle Accident Lawsuit
Per Texas Civil Practice & Remedies Code §16.003, there is a statute of limitations of two years for personal injury cases. If you are hurt in a motorcycle crash in Houston, you have up to two years to ask for damages from a liable party. After this window closes, you may be 100% responsible for your accident-related losses.
If you are considering a motorcycle accident lawsuit, look for a lawyer who has a sterling reputation. This type of attorney understands the statute of limitations. They will not wait to file your lawsuit.
Filing a lawsuit and getting damages are two very different things. Your lawyer will prepare an argument designed to show a judge or jury that you deserve damages. If this argument is successful, you could get compensation for your quantifiable and subjective losses.
Damages You Can Receive in a Motorcycle Collision Lawsuit
You can request economic and non-economic damages as part of your lawsuit. A judge or jury may offer economic compensation for losses you can quantify and non-economic damages based on subjective harm. Reasons why a judge or jury may provide you with damages include:
- Emotional trauma
- Motorcycle repairs or replacement
- Medical bills
- Lost wages
- Loss of enjoyment
- Pain and suffering
Your lawyer examines your losses carefully. They will calculate your damages and help you track your losses throughout your litigation. That way, your attorney can explain to a judge or jury how your accident has affected you and why you should be awarded 100% of the damages you are requesting.
Evidence You Can Use to Support Your Motorcycle Accident Case
The evidence used in a personal injury lawsuit is rarely the same as proof in a criminal or juvenile defense case. In your accident lawsuit, you want to prove a liable party was negligent, which caused you to get hurt and incur losses. To validate these points, your attorney may gather a wide range of evidence, including:
- Accident scene photos and videos
- Medical records
- Police reports
- Witness statements
If you have an abundance of proof, the defendant in your case may be worried about the strength of your argument. This could lead the defendant to propose a fair settlement. If you accept this proposal, you may get damages without having to go to trial.
Modified Comparative Negligence in Texas
Texas has a rule in place relating to proportionate responsibility that can impact the damages you get in your accident lawsuit. If a judge or jury determines you’re partially liable for your accident, the compensation you get can be reduced by your percentage of fault. In a situation where a judge or jury says you are primarily at fault, you may not be able to recover damages.
As an example, a judge or jury finds you are 20% at fault for your motorcycle accident. Therefore, the defendant is 80% liable. This means the defendant pays 80% of your damages, and you are responsible for 20% of your losses.
Alternatively, a judge or jury says you are 51% to blame for your motorcycle accident. Thus, you are more at fault for your accident than the defendant. As a result, the defendant may not have to pay you damages, and you will be fully liable for your losses.
Request Legal Help from a Motorcycle Accident Lawyer Who Fights for Justice for Those Who Have Been Wronged
You cannot change the fact that you were involved in a motorcycle collision because of someone else’s negligence, but you have control over how you respond to this incident. Lowe Law PLLC stands up for the rights of motorcycle crash victims, and we can help you pursue damages from any liable parties.
Contact us today to schedule a case consultation.
