As a motorcycle rider, you love riding and the open road. However, you also know the dangers that come with the ride. Have you had an accident claim denied by your insurance company or been injured due to someone else’s negligence? If so, a Dallas motorcycle accident lawyer may be able to help you get the compensation you deserve.
If you sustained injuries in a motorcycle accident, contact a Dallas personal injury lawyer from Benton Accident & Injury Lawyers today for assistance. You may be entitled to financial compensation for the losses you suffered. For a free consultation, call us today at (214) 777-7777 or contact us online.
Why Choose a Dallas Motorcycle Accident Lawyer from Benton Accident & Injury Lawyers?
The motorcycle accident lawyers at Benton Accident & Injury Lawyers will listen to your story and provide the compassionate customer service you need during such a difficult time. We know that personal injury lawsuits can be complex. Our lawyers are here to provide aggressive representation and fight for motorcycle accident victims, in order to get you the best possible outcome in your motorcycle accident case.
We’ve won $100,000 for motorcycle accident clients
We have won millions of dollars for our past personal injury clients, giving us membership in the Million Dollar and Multi-Million Dollar Advocates Forums. We also hold a perfect 10 rating on Avvo, a testament to our success and stellar reputation among clients and peers.
You pay nothing until and unless we win your case
At Benton Accident & Injury Lawyers, our clients come first. We offer a free consultation or free case review with our legal team or a personal injury attorney. This means that we are here to gather your facts and help you determine the best way to proceed with your case risk-free. We are available 24/7 to answer our client’s questions about personal injury claims and update them on the status of their cases.
Additionally, our firm works on a contingency fee basis. You won’t owe us anything until we recover compensation for you.
Handling the Aftermath of a Dallas Motorcycle Accident
After a motorcycle accident, you might feel disoriented and in shock. If you sustained injuries, you’re unsure what to do next and how to handle the situation.
Your first instinct might be to quickly exchange insurance information with the other driver and get home to rest. Unfortunately, that could negatively affect you if you pursue compensation in an insurance claim or lawsuit. There is crucial evidence you should collect at the scene before you leave.
Steps to Follow After a Motorcycle Accident
- Call 911. The first thing you should do is call 911 to report the accident. An officer will investigate and write a crash report.
- Find witnesses. If bystanders saw what happened, write down their names and phone numbers.
- Collect evidence. Typically, evidence at the crash site could be useful in a legal case. Take pictures of the scene, broken car parts, skid marks, and anything else you see. You could also take pictures of visible injuries you sustained.
- Exchange insurance. Ask all other drivers involved in the collision for their names, phone numbers, and auto insurance information. Sometimes, more than one driver could be held liable.
- Go to the hospital. Get a ride to the hospital in an ambulance or ask a friend to pick you up. Medical records are vital to prove there was an injury and that you required treatment. Continue treating with your doctors until they release you from their care or you recover fully.
- Get a damage estimate. If your bike was damaged in the crash, find a repair shop to bring it in for an estimate.
- Hire a lawyer. Seek legal representation from an experienced Dallas motorcycle accident lawyer immediately.
How a Motorcycle Accident Investigation Works
At Benton Accident & Injury Lawyers, we have experience investigating accident scenes and obtaining evidence to maximize our clients’ cases. We want to ensure you receive the compensation you need to cover your medical bills and other expenses.
Collect Evidence
The first thing we will need to do is collect evidence that proves someone else was at fault for your injuries, such as:
- Eyewitness statements
- Motorcycle accident report from the police
- At-fault driver’s insurance policy
- Your medical records and medical bills
- Accident scene photos and evidence
- Video surveillance footage of the collision
- Repair estimates for your motorcycle and other vehicles involved
Determining Liability & Insurance Coverage
After completing our investigation, we will determine how much insurance coverage is available. All drivers are required by state law to carry auto insurance with minimum liability limits for bodily injury and property damage. Texas follows an at-fault system, meaning the driver who causes an accident is financially responsible for an injured person’s losses.
Pursuing Compensation
After finding out how much coverage is on the at-fault driver’s insurance policy, we can file a claim and pursue the maximum compensation you deserve. Some policies don’t have high enough liability limits to cover every expense. If that happens, we could also file a claim with your auto insurance company or a lawsuit against the other motorist.
There are various damages available to motorcycle accident victims after a motorcycle accident. An insurance claim could compensate for your economic and non-economic damages if the at-fault driver has adequate liability coverage.
Potential Economic Damages
Economic damages are actual expenses associated with the crash and your injuries, such as:
- Property damage
- Medical costs
- Out-of-pocket expenses
- Lost wages
- Lost earning capacity
Potential Non-Economic Damages
Non-economic damages are intangible losses, such as:
- Mental anguish
- Loss of consortium
- Pain and suffering
- Physical impairment
- Disfigurement
Punitive Damages
You also might be entitled to punitive damages if you file a lawsuit. It’s a form of punishment against the driver for their reckless actions instead of compensation for your losses. A jury might award punitive damages if you can provide clear and convincing evidence that the at-fault driver exhibited acts of fraud, malice, or gross negligence.
Motorcycle Accidents Common Causes
When motorcyclists share the road with cars, trucks, and other vehicles, they could easily get hurt in an accident. Drivers typically don’t notice when a motorcycle is near them. They’re much smaller than a standard car and harder to see.
Motorcycle Collisions With Other Vehicles
Crashes are often the result of careless motorists who make dangerous errors or become distracted by something like their cell phones. Various other causes of a devastating motorcycle accident could be:
- An unsafe lane change – If drivers don’t check their blind spot or use their turn signal, they could sideswipe a motorcyclist.
- Speeding – When a car collides with a motorcycle at a high rate of speed, it can lead to debilitating injuries. Car and motorcycle drivers should always obey the speed limit and adjust their driving for adverse road and weather conditions.
- Distracted driving – Cell phones and other forms of distraction take the motorist’s attention and focus away from the task of driving. They cannot react to an emergency, stop completely when traffic comes to a standstill, or stay in their lane.
- A failure to yield – Intersections are dangerous for motorcyclists. Drivers who attempt to proceed when they don’t have the right of way could crash into the side of a motorcycle.
- Tailgating – Following someone too closely is reckless behavior. If a car or truck collides with the back of a bike, the rider could get ejected and suffer severe injuries.
Contact a Dallas Motorcycle Injury Lawyer
There are many other causes of motorcycle accidents, so it’s important that you contact Benton Accident & Injury Lawyers to determine if our motorcycle accident lawyers can handle your case. Our personal injury attorneys will review the details and investigate to determine if you are entitled to financial compensation for your injuries.
Common Types of Motorcycle Accidents
Motorcyclists face many hazards when they’re sharing the road with others. Many types of accidents could cause injuries and fatalities. The most common motorcycle accidents include:
- Lane splitting – Motorcycle drivers will sometimes drive between two lanes of traffic. However, it is not legal in Texas. Drivers that aren’t paying attention could drift and collide with the bike.
- Road defects – Defects, such as potholes, missing road signs, and inadequate lighting, make it more difficult for drivers or motorcycle riders to navigate roads safely.
Impacts from Other Drivers
- Car door impact– If a driver doesn’t look before opening their door, they could open it up in the direct path of a motorcyclist.
- Backing up – Motorists backing out of a parking space should always look over their shoulders to check for other vehicles. If they don’t, they could back into a motorcycle, and the impact could knock the biker to the ground.
- Left-hand turn – If a driver ignores traffic signs and signals at an intersection, they could drive into the path of a motorcyclist with the right of way.
Serious Collisions
- Head-on collision – Distracted motorists could drift into oncoming traffic and crash into the front of a motorcycle. These tend to lead to more severe injury and are the deadliest types of accidents involving motorcycles.
- T-bone crashes – Also called side-impact collisions, occur when a driver crashes into the side of another vehicle. When this happens to someone on a motorcycle, the rider rarely walks away unscathed.
- Rear-end collision – Tailgating is a common cause of rear-end accidents. The driver behind another vehicle can’t slow down or stop when traffic reaches a standstill if they are tailgating.
- Head-on collision – Distracted motorists could drift into oncoming traffic and crash into the front of a motorcycle. These tend to be more severe and the deadliest types of accidents involving motorcycles.
Our Dallas motorcycle accident lawyers understand the suffering you can endure after a crash. You could find yourself in a dangerous situation whenever you take your bike out for a ride. We will look into the accident and advise if we can handle the type of case you have.
Common Motorcycle Accident Injuries
If you’ve never been in a motorcycle accident, it’s hard to grasp the severity of the injuries. Motorcycle injuries tend to be much worse than car accident injuries. This is because motorcyclists have very little protection. In some areas, speed limits go over 80 mph, and resulting damage can cause catastrophic injuries.
Some common injuries associated with motorcycle accidents include:
- Road rash
- Facial scarring and disfigurement
- Traumatic brain injuries and other injuries to the head
- Those that require amputation
- Spinal cord injuries
- Broken bones and fractures
- Partial and full paralysis
- Internal injuries, such as bleeding and organ failure
- Lacerations and deep wounds
- Burns
- Penetrating injuries from debris or landing on a stationary object
Wrongful Death
Unfortunately, many motorcycle accidents result in death for motorcycle riders. If your loved one has passed away from a motorcycle accident in Dallas, you may be able to pursue a wrongful death claim.
Dallas Motorcycle Accident Lawyer Legal Fees & Costs
Benton Accident & Injury Lawyers doesn’t charge upfront fees or costs when taking on a motorcycle accident victim’s case. We want you to receive the legal representation you need without suffering additional financial strain.
You Don’t Pay Unless You Win Your Case
Our personal injury law firm works on a contingency fee basis, This means we won’t collect any legal fees unless we recover an insurance settlement or reach a favorable jury verdict. If we don’t win your motorcycle accident case, you won’t owe us any money for legal fees.
Motorcycle Accident Statute of Limitations
Texas has a two-year statute of limitations on personal injury cases like a motorcycle accident case. That means you have two years from the accident date to sue the other driver. If two years pass and you try to file, you could lose your right to pursue compensation from the at-fault driver in court.
Modified Comparative Negligence in Dallas
Another important rule to remember is known as “modified comparative negligence.” Your damages could diminish depending on the degree of fault you share. In other words, if a jury determines you are 40% to blame for the motorcycle accident, you would only recover 60% of the damages. This means that if you incurred $100,000 worth of damages, you can’t collect more than $60,000 in compensation.
When You Cannot Recover Damages
Additionally, in a modified comparative fault jurisdiction such as Texas, your ability to recover damages is completely barred if a jury finds that you are more than 50% responsible for the accident that caused your injuries. Having a personal injury attorney is crucial for ensuring you are not assigned more fault than is fair, which can severely impact your award.
Motorcycle Accident Lawsuits in Dallas
There is a procedure you must go through when you’re preparing to file a lawsuit. It takes many steps, and if you don’t follow them strictly, you could delay the process or end up with a dismissed motorcycle accident case. Fortunately, you have Dallas motorcycle accident lawyers on your side.
How to File a Dallas Motorcycle Accident Lawsuit
If you enlist the help of a Dallas motorcycle lawyer, they will take on much of the responsibility of filing your lawsuit. They will clearly direct you on how and when you need to take part in the filing process.
Prepare the documents
Dallas motorcycle accident attorneys from Benton Accident & Injury Lawyers will prepare the legal documents to file with the court. The first is a Complaint, which lays out all the motorcycle accident case facts. The second is the Summons, which notifies the defendant that they must appear in court on a specific date to hear the allegations against them.
Serve the documents
After your Dallas motorcycle accident attorney files the Complaint and Summons, we must hire a process server or another qualified party to deliver them to the defendant. Upon completion of service, the process server will send our legal team an affidavit of service, which we will also file with the court.
Receive the defendant’s Answer
The defendant will have 20 days from the service date to file an answer (or send it directly to us if they don’t retain an attorney). If they don’t respond to our Complaint, your Dallas motorcycle accident lawyer could petition for a default judgment. That means the motorcycle accident case will proceed without them, and the judge could decide to rule in your favor.
Discovery process
Discovery involves filing various requests to obtain relevant information and documents from the defense attorney (or the defendant, if they have no lawyer). Our Dallas motorcycle accident lawyers will also continue investigating the accident to collect additional evidence to support your motorcycle accident case.
Mediation
During mediation, your motorcycle accident lawyer can meet with the defendant, their attorney, and a mediator to settle your motorcycle accident case. If we can’t agree, your Dallas motorcycle accident lawyer will start preparing for the trial.
Trial prep
While preparing to argue your motorcycle accident case in court, we will locate witnesses who can testify, continue collecting crucial evidence to present to the jury and prepare an argument that discounts or minimizes the defense attorney’s claims.
Trial and Judgment
Once the trial concludes, the judge will issue a judgment ordering the defendant to compensate you or rule in their favor. If we win your case, we will ensure you receive prompt and complete payment.
Insurance Claims Filing Process for Motorcycle Accidents
Insurance claims don’t involve as much preparation or strict deadlines as lawsuits. There isn’t an actual deadline you must comply with to file a motorcycle accidents claim. However, many insurance companies require that you file “promptly” after an accident. Hiring a Dallas motorcycle accident attorney and filing immediately is always best to avoid complications.
Steps to File a Motorcycle Accident Insurance Claim
- Request a copy of the at-fault driver’s insurance policy to determine who to file the claim with and how much coverage is available.
- File a claim with the insurance company.
- Gather as much relevant evidence as possible to prove that someone else was at fault for the crash and submit it to the insurance adjuster.
- Negotiate a settlement we believe is fair and will adequately cover your past and future damages.
- File a lawsuit if the insurance adjuster provides a low settlement offer or denies the claim.
Motorcycle Accident Attorney FAQ
Whether you are new to riding or are a seasoned biker, it is always good to refresh yourself on the laws surrounding motorcycles. The Texas legislature frequently changes the specific mandates and requirements covering motorbikes and scooters, and keeping track of the current rules can be challenging. To help make things clear, here are the easy answers to some questions every motorcyclist should know!
What if the other party's insurance company offers me a settlement?
It’s essential to be cautious when dealing with the other party’s insurance company, as their primary goal is to minimize their payout.
Before accepting any settlement offer for motorcycle accidents, it’s advisable to consult with a motorcycle accident lawyer. A knowledgeable lawyer can evaluate the offer and advise you on whether it adequately compensates you for your injuries and damages.
What if I don't have health insurance to cover my medical expenses after a motorcycle accident?
If you don’t have health insurance to cover your medical expenses, a motorcycle accident lawyer can help you explore other options for obtaining medical treatment.
They may be able to assist you in finding healthcare providers who are willing to treat you on a lien basis. This means they agree to be paid out of any settlement or judgment you receive in your case.
What if the at-fault party doesn't have insurance or is underinsured?
If the party responsible for the accident lacks insurance or does not have sufficient coverage, you may still have options. You can receive compensation for your injuries and damages through other means.
Your motorcycle accident lawyer can assist you in exploring alternative sources of compensation. This includes seeking coverage under your own insurance policy for uninsured or underinsured motorists. Additionally, you have the option of pursuing a personal injury lawsuit directly against the party at fault.
What if I've already spoken to the insurance company before contacting a lawyer?
If you spoke to the insurance company before contacting a lawyer, it’s not too late to seek legal representation.
A motorcycle accident lawyer can assist you by handling communications with the insurance company on your behalf. They protect your rights and ensure you are not taken advantage of during the claims process.
What if the motorcycle accident resulted in the death of a loved one?
In cases where a motorcycle accident leads to the tragic loss of a loved one, this is known as a wrongful death. Surviving family members may be entitled to seek compensation. They can do this through a wrongful death claim.
A motorcycle accident attorney can offer compassionate support to surviving family members. They also provide legal guidance, assisting in the pursuit of justice. This help includes seeking financial compensation for their loss.
Can I still pursue a motorcycle accident claim if I didn't wear a helmet at the time of the accident?
In many states, helmet laws require motorcycle riders to wear helmets while riding. However, failing to wear a helmet does not necessarily bar you from pursuing a motorcycle accident claim.
A motorcycle accident lawyer can assess the specifics of your case and clarify how helmet laws might affect your claim. Despite this, they will still champion your rights and seek compensation for your injuries.
Contact a Dallas Motorcycle Accident Lawyer
Motorcycle accidents can take a devastating toll on your life and the lives of your loved ones. Have you or a loved one has been injured in a motorcycle accident? Don’t hesitate and contact an experienced personal injury lawyer at Benton Accident & Injury Lawyers.
Our Dallas motorcycle accident lawyers know how dangerous Dallas highways can be for motorcyclists and work tirelessly to ensure that you receive justice and compensation. Our lawyers have years of experience handling vehicle accident injuries and have recovered millions of dollars in compensation for our clients.
Call us today at (214) 777-7777 for your initial free consultation, or contact us online.