Being injured in a motorcycle accident can significantly disrupt your life. You may be faced with expensive hospital bills, motorcycle repairs, lost wages and a variety of other losses. Obtaining a fair settlement from an insurance provider can make it possible to pay off your related debts and move forward with your life. It is normal to wonder how much your motorcycle injury settlement might be worth in Texas. It is important to realize, however, that an average settlement amount does not exist.

How Much Do Motorcycle Accident Victims Typically Make?

An average motorcycle settlement is a fallacy. Every case and client is entirely unique, making it impossible to assign a single number that applies to every motorcycle accident lawsuit accurately. While online research may give you numbers such as $80,000 or $200,000, these may or may not be close to the value of your individual claim. Settlement values are determined on a case-by-case basis, according to factors that are specific to each, such as:

• The gravity of your injuries
• Your recovery timeline
• Whether you have a permanent disability or disfigurement
• The extent of your property damage
• Your income before the accident
• Your age and overall health
• The number of defendants
• The amount of insurance available

Believing that there is an average settlement could hurt your case. For example, the number you might have found as an “average” settlement could be far less than your claim is actually worth. Some accident victims have obtained several million dollars in case results. Believing that your case is only worth several thousand dollars due to an average figure could result in you accepting an unreasonably low settlement offer from an insurance company.

What Are the Parts of a Motorcycle Injury Settlement?

The best way to determine the potential value of your motorcycle injury claim is by consulting with an attorney who has experience in this practice area. It can also help to understand the basic parts of a settlement award in Texas. This can allow you to calculate an estimated case value based on your specific losses and expenses. Three main types of damages may be available:

1. Economic damages. This is the financial impact the motorcycle accident has on the victim, including medical expenses, losses of income and employment opportunities, motorcycle repairs, and legal fees.
2. Noneconomic damages. The intangible ways in which the motorcycle accident impacted the victim, such as physical pain and suffering, mental anguish, emotional distress, and reduced quality of life.
3. Punitive damages. This is an uncommon type of award granted when a defendant is guilty of gross negligence or recklessness in connection to the motorcycle accident. It is meant to punish the defendant rather than compensate the victim.

You may be able to estimate the value of your motorcycle injury settlement by adding up all of your economic damages, including future foreseeable expenses. Then, estimate your noneconomic damages by multiplying your economic damages by a number from one to five based on the severity of your injuries. This is the multiplier method, and it is commonly used by juries to calculate pain and suffering. Although this is not a guarantee of what your case is worth, it can give you an idea of your settlement potential.

How Can You Increase Your Motorcycle Injury Settlement?

Securing a fair and full amount for a motorcycle accident in Dallas can help you and your family move on after a devastating collision. You may be able to increase the value of your settlement by taking the correct steps after your collision, such as calling the police right away and going to the hospital without delay. It can also help to hire an experienced motorcycle accident attorney to negotiate with an insurance claims adjuster on your behalf. An attorney will know the tactics often used by an insurance company to avoid a large payout, as well as how to counter them.

Hiring a motorcycle accident attorney to help you with your injury case can make it easier to recover the financial compensation that you deserve. The right attorney can stand by your side throughout the legal process, answering your questions and improving your peace of mind when you need help the most. A good lawyer can also fight for the best possible case outcome using proven legal strategies. Use these tips to find the best motorcycle accident attorney for you.
 

Research Your Options

Research is your friend as an injured motorcycle accident victim. It is important to take the time to research all of the options in your city so that you feel confident in your choice. There are a few different ways to research motorcycle accident lawyers. Start by asking friends and family members who have been in similar positions and had to hire personal injury lawyers. They may have a referral that you can use to find a good fit.
If not, you can use bar associations or lawyer directories that are accessible online. You can search using trusted directories such as Avvo, Martindale-Hubbell or NOLO to identify several options in your region. You can also begin with a simple Google search. Be sure to include your practice area and your location for tailored results, such as “motorcycle accident lawyer Dallas, Texas.” Make a list of a few potential options based on the firm’s location, experience in your practice area and whether they’re accepting new clients.  Then, narrow your list down to a final two or three choices.

Schedule Free Consultations

Contact each law firm using the phone number or the website’s online consultation form, if applicable. Verify that the law firm offers a free initial consultation. If so, schedule a meeting at a time and place that works for you. If you cannot leave your home or hospital because of your motorcycle accident, find an attorney who is willing to travel to you. Schedule free consultations with multiple choices so that you can select the right one for you and your case.

Ask Questions

Prepare for your free case evaluation by creating a list of the most important questions to ask an attorney. The consultation is your opportunity to ask any questions that you might have about your motorcycle accident case, as well as how the law firm operates. Use the consultation to gain a better understanding of your legal matter as well as choose the correct attorney for your needs. Get the most out of your consultation with a lawyer by asking the following questions:

• How many years of experience do you have handling motorcycle accident cases?
• Can you handle a case involving catastrophic injuries?
• Do you have the power to go to trial, if necessary?
• Do you have a history of successful case results for former clients?
• Who is the attorney who will actually be handling my case?
• How long do you think my case will take to resolve?
• How much do you think my case is worth?
• How much are your attorney’s fees?
• Do I have to pay even if you don’t win my case?

The attorney that you choose should make you feel confident in his or her ability to handle the unique obstacles and challenges that may come with your lawsuit, such as a liability dispute or catastrophic injuries. The attorney should be honest, straightforward and forthright during your consultation. Attend multiple free consultations with different attorneys to make sure that you select the right one. In the end, trust your instincts and retain the motorcycle accident attorney that you feel is the best.
If you wish to schedule a free case evaluation at The Law Firm of Aaron A. Herbert, P.C., contact us today.

Purchasing auto insurance is an important part of being a responsible citizen in Texas. Insurance is a guarantee that you can afford to pay for any damage that you cause in a motor vehicle accident. Operating a motor vehicle, including a motorcycle, without the required insurance or proof of financial responsibility is against the law. Learn how Texas’ insurance laws work as a motorcyclist.
 

What Insurance Is Required by Motorcyclists in Texas?

Texas requires automotive insurance for all motor vehicle drivers. It requires liability insurance, which pays for others’ medical bills and property damage after a collision. All registered vehicle operators must carry at least the minimum required amounts of liability insurance to avoid penalties in Texas. This includes a rider who operates a registered motorcycle. The minimum amounts of insurance required by a motorcyclist in Texas are:

• Bodily injury liability insurance per person: $30,000
• Bodily injury liability insurance per accident: $60,000
• Property damage liability insurance: $25,000

A motorcycle operator has the option of paying extra for additional types of vehicle insurance, as well. If a motorcyclist wishes to have insurance pay for his or her own damage after an accident, for example, the motorcyclist will need to purchase collision and/or comprehensive coverage. Uninsured/underinsured motorist insurance is also available to pay for an accident with someone who does not have enough insurance to fully pay for your losses.

Are There Alternatives to Standard Motorcycle Insurance in Texas?

Texas is unique in that it allows drivers and motorcyclists to use an alternate type of proof of financial responsibility instead of traditional car insurance. You can meet Texas’ insurance requirements as a motorcyclist with a $55,000 deposit to the county comptroller or county judge, a surety bond with the county clerk with two others who own real property in Texas, or a certificate of self-insurance through the Texas Department of Transportation.

What Happens if You Get Pulled Over While Uninsured in Texas?

If a law enforcement officer pulls you over on your motorcycle while you are uninsured or underinsured, you could face a traffic ticket and a fine. The officer may also suspend your motorcycle license until you can show proof of insurance or even impound your bike. As an additional penalty, you may also be required to purchase SR-22 insurance for your motorcycle for the next few years, which is more expensive than standard insurance.

Whose Insurance Pays for a Motorcycle Crash in Texas?

Texas is a fault-based car insurance state when it comes to assigning financial responsibility for a traffic accident. This law states that the insurance provider of the individual who caused the crash is responsible for paying for related injuries and losses. If you cause a crash as a motorcyclist in Texas, your auto insurance will pay for the other party’s property damage and medical bills. If the other driver crashed into you, on the other hand, his or her insurance will pay your bills. In a no-fault state, all drivers seek compensation from their own insurance providers, regardless of fault.

What Happens if You Get Into an Accident While Uninsured?

If you are involved in a motorcycle collision in Dallas while you are uninsured or underinsured, this can cause issues during the processing of your claim. If you caused or even slightly contributed to the collision, you may be responsible for paying for part of the damage. If you don’t have insurance to cover these costs, you may have to pay out of pocket.
If you did not cause the motorcycle wreck, you can file a claim with the insurance company of the other driver. In this case, your medical expenses and property damage repairs should be covered by the other driver’s insurance. If the other driver does not have enough insurance to pay for all of your losses, however, and you are uninsured, you may have to make up the difference with your own money. If you had insurance, it would provide secondary coverage.
For additional information about insurance coverage after a motorcycle accident in Texas, consult with an attorney in Dallas.

If you file an insurance claim or personal injury lawsuit for a motorcycle accident in Texas, your case will most likely involve the legal theory of negligence. Negligence is a nuanced part of personal injury law with many related rules and requirements. If you need assistance proving or establishing negligence in your motorcycle accident case, consult with an experienced Dallas motorcycle accident lawyer.
 

What Is Negligence?

Negligence is the failure to uphold one’s duty of care, resulting in an accident or injury to others. A duty of care is a legal obligation to exercise a reasonable amount of care according to the circumstances. For example, all motor vehicle drivers have a duty to reasonably prevent collisions. In motorcycle accident law, negligence often takes the form of driver errors, such as violating a traffic law or driving carelessly. Common examples include:

• Speeding
• Driving distracted
• Driver inattention
• Driving under the influence
• Reckless driving
• Illegal turns
• Cutting off a motorcyclist
• Following too closely
• Unsafe lane changes
• Failure to yield
• Running lights and stop signs

In Texas, proving negligence is generally a requirement before you can recover financial compensation for a motorcycle accident. This is because the state uses a fault-based insurance law, where the driver or party at fault for the collision is financially responsible or liable. In a no-fault state, by contrast, all victims will seek benefits from their own insurance providers, regardless of who caused the collision.

What Are the Four Elements of Negligence?

In a motorcycle accident claim, the burden of proving negligence rests with the injured victim, known as the plaintiff. The burden of proof in the civil justice system is lesser than in the criminal justice system. It is a preponderance of the evidence, or enough clear evidence to convince a judge and jury that the defendant more likely than not is responsible for the injuries in question. The burden of proof in a criminal case, on the other hand, is proof beyond a reasonable doubt.
Having the burden of proof means that it is you or your motorcycle accident lawyer’s responsibility to establish the defendant’s negligence. This takes evidence of four elements:

1. Duty
2. Breach of duty
3. Causation
4. Damages

In essence, your lawyer must demonstrate that the defendant owed you a duty to exercise reasonable care, failed to fulfill this duty through a careless or reckless act, and caused your motorcycle wreck. If the defendant did not act in a way that a reasonable and prudent driver would in the same circumstances, and your accident would not have happened but for this negligence, the defendant will be liable. There must also be evidence to demonstrate that you suffered compensable losses in the collision.

Evidence to Prove Negligence in a Motorcycle Accident Case

Proving negligence in a motorcycle accident case will come down to the strength of your evidence. This is why it is important to call the police immediately after your motorcycle crash to obtain an official police report. You can also collect other types of evidence at the scene, such as the other driver’s information, photographs of the crash and eyewitness phone numbers. Common evidence used in a motorcycle accident lawsuit includes:

• A copy of the police report
• Citations issued by a police officer
• Videos and photographs
• Surveillance footage
• Signed eyewitness statements
• The motorcyclist’s helmet, clothing and motorcycle
• Accident reconstruction
• Expert testimony
• Medical records and documentation
• An injury journal kept by the victim

Hiring an experienced motorcycle accident lawyer can make it easier to prove your case. A lawyer can return to the scene of your motorcycle accident to collect evidence on your behalf, such as surveillance footage from nearby businesses. A lawyer will also have connections to investigators and accident reconstruction experts who can demonstrate to an insurance company how the defendant is at fault for the wreck. For more information about proving a motorcycle accident case, contact an attorney in Dallas.

Many people associate post-traumatic stress disorder (PTSD) with soldiers who have been in active war zones. Although this is a common cause of PTSD and psychological trauma, it is not the only cause. Living through any type of trauma, including automobile accidents, can result in post-traumatic stress disorder. If you are diagnosed with PTSD after a motorcycle accident, you may be entitled to list it as a damage on your insurance claim.

What Is PTSD?

PTSD is a psychiatric disorder that occurs in people who experience or witness traumatic events. This can include combat, crimes, violence, death, sexual assault, abuse, motor vehicle accidents and natural disasters. It is an anxiety problem that can cause a variety of symptoms, often first noticeable in the days after the accident. PTSD is common among survivors of serious motor vehicle accidents, including vulnerable motorcyclists.
Surviving a motorcycle crash can result in post-traumatic stress disorder due to the psychological trauma the motorcyclist endures during and after the accident. Motorcycle accidents are often catastrophic for unprotected riders. Without the protective metal shell of a typical car, the mechanics of a crash can be especially loud, abrupt and distressing for a motorcyclist. A rider can also get PTSD from the pain of the injuries suffered in the crash, as well as emotional distress due to permanent scarring, disfigurement or disability.
 

What Are the Symptoms of PTSD After a Motorcycle Accident?

PTSD after a motorcycle crash can have many psychological effects on a rider. The motorcyclist may experience sudden flashbacks of the crash or nightmares about the accident. The rider may also wish to avoid certain events and actions, such as getting back on the motorcycle. In general, the symptoms of PTSD have to do with fear and anxiety surrounding the crash and related activities. No two victims are exactly alike, however.
Common symptoms include:

• Recurring flashbacks or memories
• Intrusive thoughts about the accident
• Edginess or irritability
• Being easily startled
• Anxiety
• Being obsessed with details of the crash
• Mood swings and outbursts
• Excessive anger
• Trouble sleeping
• Nightmares
• Depression
• Emotional numbness
• Loss of interest in favorite activities, including riding
• Trouble concentrating

Treatments for PTSD often include therapy and good self-care. In most cases, the symptoms of PTSD subside on their own within one month. If they last longer than this or feel severe, talk to a doctor or psychologist for additional treatment.

Can You Seek Financial Compensation for Motorcycle Accident PTSD?

Yes, it is possible to obtain financial compensation for PTSD after a motorcycle accident in Texas. The civil justice system allows the recovery of both economic and noneconomic damages. PTSD is a type of noneconomic damage, meaning that although it did not financially impact the victim, it significantly affected his or her life. PTSD is grouped with losses such as physical pain, suffering, emotional distress, mental anguish and loss of consortium.
To prove post-traumatic stress disorder during a motorcycle accident claim, you generally need an official diagnosis from a doctor or mental health professional. See a professional as soon as you notice potential signs of PTSD after a motorcycle crash. Even without a diagnosis, you may be eligible for financial compensation for your noneconomic losses if you can prove them with evidence such as witness statements from friends and family members, mental health expert testimony, and an injury journal.
If you need assistance proving PTSD or negotiating for fair financial compensation, consult with a motorcycle accident lawyer in Dallas. A lawyer will have the legal experience and knowledge you need for a strong claim to damages. Hiring a lawyer can be especially important if you plan on pursuing compensation for emotional distress or mental health conditions, such as PTSD, as you may not have hard evidence proving these losses. Talk to an attorney today for more information.