Motorcycle Accident FAQs
The time directly after a motorcycle accident might be full of chaos, involving police reports, insurance claims, and hospitalization. If you are confused on what your next steps should be after being involved in a serious motorcycle accident, do not hesitate to contact the Malley Law Firm. We have prepared the below questions and answers related to motorcycle accidents to help assist you during this time.
When should I call a lawyer after a motorcycle accident?
The time frame is up to you on when you would like to get an attorney involved with a claim for damages after a motorcycle accident. However, keep in mind that the limitations period for bringing a claim is only three years. After this time period, you will be unable to bring a claim for damages, even if there is clear proof that the other driver was responsible for your injuries. It is also helpful to bring personal injury claims earlier when they are dependent on witness statements, since witness memories might recede over time.
What can I recover after a motorcycle accident?
The amount of damages you are entitled to receive after a motorcycle accident is dependent on the facts of the accident. Texas provides recovery under both economic damages and non-economic damages. Economic damages refer to damages which have a direct economic impact on the victim, such as:
- Medical expenses
- Lost wages
- Future earnings
Non-economic damages include damages that are more difficult to put a value on, such as pain and suffering, or loss of consortium. However, an experienced attorney will work closely with you to determine the full amount of damages you are entitled to receive after your accident.
Can I recover damages related to the accident if I was partially at fault?
Texas is a modified comparative negligence state, which means that your damages will be reduced if a court determines that you were a percentage at fault. The damages will be reduced according to your percentage at fault. For example, if a judge awards you $50,000 in damages and also determines you were 10% at fault, your damages will be reduced by 10%, or $5,000. However, if you are found to be greater than 50% at fault, you will be prevented from recovery.
Can I bring a claim against the driver if I was a passenger?
If you were the passenger on a motorcycle involved in an accident and the motorcyclist was responsible for an accident, you should definitely bring a claim for damages, even if the individual was your friend. The responsible party typically does not pay out of pocket for the personal injury claim. Instead, their insurance company will provide the payment and help explain why drivers are required to hold insurance in Texas.
Should I accept an insurance settlement?
Insurance companies are in the business of making money and avoiding lawsuits. Therefore, they will typically attempt to coerce a settlement with you soon after the accident. It is important to carefully consider your options at this point. Insurance settlements typically only consider expenses which you have had so far and will not typically project out how this injury will impact you in years to come. A personal injury claim will take all of this into account through well-tested valuation methods.
Malley Law Firm | Houston Personal Injury Attorney
If you or a loved one have been injured in a motorcycle accident, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in fighting for the claims of injured parties after devastating motorcycle accidents. Contact our Beaumont or Houston offices today for your initial free consultation.