When motorcycle drivers get into an accident, many people automatically assume that it’s the motorcyclist’s fault. That’s because motorcyclists are often seen as “reckless” or “dangerous.” But the truth is, most motorcycle accidents are caused by other negligent drivers – not the motorcyclist.
If you or someone you love has been seriously injured or killed in a motorcycle accident in Fort Worth or the surrounding area, it’s imperative to contact an experienced Fort Worth motorcycle accident lawyer as soon as possible. A seasoned lawyer will thoroughly investigate the wreck, collect and preserve evidence, and enlist experts to show who is really at fault so you can get the full and fair compensation for which you are entitled.
At Varghese Summersett Injury Law Group, our Fort Worth motorcycle accident lawyers have vast experience fighting for the rights of injured motorcyclists and their families. In this article, we explain Texas’ at-fault insurance laws and answer some frequently asked questions about pursuing an insurance or personal injury claim.
What should I do if I’m involved in a Fort Worth motorcycle accident?
If you’re involved in a motorcycle accident, there are some important steps you should take to protect your legal rights:
- Call the police and make sure they come to the scene of the accident.
- Get medical treatment right away – even if you don’t think your seriously injured.
- Gather evidence from the accident scene, including photos of the damage, witness contact information, and your motorcycle helmet.
- Contact an experienced Fort Worth motorcycle accident lawyer to discuss your legal options.
What are common causes of motorcycle accidents in Fort Worth?
There are many different factors that can contribute to a motorcycle accident. Some of the most common include:
- Other drivers making left-hand turns in front of motorcycles
- Driver following too closely behind a motorcycle
- Drivers opening their doors into the path of an oncoming motorcycle
- Poor road conditions
- Defective motorcycle parts
- Distracted driving
- Inclement weather
- Traffic congestion
- Dangerous road conditions
The first step in recovering compensation is determining what caused the crash. In some cases, it might be clear who is at fault. But in other cases, there might be multiple parties – or even no clear party – at fault. That’s where an experienced Fort Worth motorcycle accident lawyer from Varghese Summersett Injury Group comes in. We will work closely with accident and injury experts to establish negligence and determine who is liable for your injuries.
Why is it important to determine fault in a Fort Worth motorcycle accident?
Texas is an at-fault state, also known as a tort-based state. This means a driver who causes an accident can be held responsible for paying damages suffered by other people involved in the crash.
So, if you were hit by a negligent driver while riding your motorcycle, that driver would be liable for your damages. But if the other driver claims you were at fault – or partially at fault – for the accident, it could impact how much money you ultimately receive in compensation.
That’s why determining fault is crucial in motorcycle accident cases. Hiring an experienced Fort Worth motorcycle accident lawyer with a team of experts at their fingertips can be the difference between receiving the full and fair compensation you’re entitled to and getting stuck with huge medical bills that could put you in debt for life.
What if I was partly at fault for the motorcycle accident?
In Texas, you can still recover compensation for your injuries even if you were partially at fault for the accident. This is because of something called comparative negligence. Under comparative negligence, each party involved in an accident is assigned a percentage of fault.
For example, let’s say you were rear-ended by another driver while stopped at a red light on your motorcycle and suffered a head injury. The other driver was cited for running a red light. But the police report also says you were not wearing a helmet.
In this scenario, you would could be assigned a percentage of fault for not wearing a helmet. Let’s say you were assigned 20 percent fault and the other driver was assigned 80 percent fault. This means you would be able to recover 80 percent of your total damages from the other driver.
Of course, insurance companies will do everything in their power to minimize your compensation. That’s why it’s important to have an experienced motorcycle accident lawyer on your side who knows the law, how to investigate accidents, gather evidence, and negotiate with insurance companies.
What does an injury lawyer do?
A personal injury lawyer is an attorney who helps individuals who were seriously injured in an accident caused by another person or entity recover compensation. The money is needed to pay for medical bills, compensate for lost wages, and provide other financial support. Sometimes, compensation is recovered through an insurance claim or settlement negotiated by the attorney. Other times it may be necessary to file a personal injury lawsuit and take the case to trial.
What is the difference between an insurance claim and a personal injury lawsuit?
An insurance claim is when you ask the at-fault driver’s insurer (or your own insurance company) to pay for your damages. A personal injury lawsuit is when you file a civil action in court against the at-fault driver.
If you have questions, we recommend you speak with one of our experienced Fort Worth motorcycle accident lawyers as soon as possible. We can review your case and help you understand all your legal options.
What if I can’t afford a Fort Worth motorcycle accident lawyer?
You and your family have suffered enough. At Varghese Summersett Injury Law Group, we never require clients to pay anything upfront. We only get paid if we win your case, and our fees come out of the settlement or verdict we recover for you. So, there’s no risk to you – only the possibility of receiving the just compensation you’re entitled to.
What types of compensation can I recover if I’m involved in a Fort Worth motorcycle accident?
In Texas, you can recover two types of damages after a motorcycle accident: economic damages and non-economic damages.
- Economic damages have a specific monetary value attached, such as medical bills, lost wages, and vehicle damage.
- Non-economic damages don’t have a specific monetary value but are still very real. They include things like pain and suffering, mental anguish, and loss of enjoyment of life.
**In some cases, punitive damages may also be available. These are intended to punish the at-fault driver for particularly reckless or dangerous behavior.
How long do I have to file a Fort Worth motorcycle accident claim?
In Texas, you have two years from the date of the accident to file a personal injury lawsuit. If you don’t take action before this deadline, you’ll likely lose your right to recover compensation.
From an attorney perspective, it’s always best to get started sooner rather than later. This gives us more time to gather evidence, interview witnesses, and build a strong case on your behalf. Not to mention, the sooner we get started, the sooner you can be compensated for your injuries and pain and suffering.
Speak to an experienced Fort Worth motorcycle accident lawyer today.
Were you seriously injured in a motorcycle accident that wasn’t your fault? Have you been unable to work and pay your bills because of your injuries? Are you wondering how you’re going to afford the costs of your accident? We can help. At Varghese Summersett Injury Group, our Fort Worth motorcycle accident lawyers will leave no stone unturned in pursuit of the compensation you deserve.
We’re not afraid to take on the big insurance companies, and we’re prepared to fight for you every step of the way. To learn more about how we can help you, contact us today 817-207- 4878 (HURT) for a free, no-obligation consultation.