Texas Motorcycle Accident Attorney

If a negligent driver, roadway defect or unsafe motorcycle part recently caused you to crash your motorcycle, contact The Law Firm of Aaron A. Herbert, P.C.  In a free consultation, our Texas motorcycle accident lawyers will review the unique circumstances around your crash and the extent of injuries to determine if you have grounds for a personal injury lawsuit. We can help you go up against at-fault parties and insurance companies in the fight for full compensation for your injuries and property damage. Motorcycle accidents are extremely dangerous for riders and their passengers. They have little to no protection from injuries, unlike passenger vehicle occupants. Unfortunately, it is often passenger cars who cause motorcycle accidents.

Do I Need an Attorney After a Motorcycle Accident?

Unless you have a background in law, you should retain an attorney after a motorcycle accident. Arming yourself with a personal injury lawyer can make a big difference in the likelihood and amount of compensation you may receive for your crash. Insurance companies and even the civil court system tend to have biases against motorcyclists that result in smaller compensation awards. At The Law Firm of Aaron A. Herbert, P.C, we can provide the following services to injured motorcycle accident victims in Texas:

• An overview of your rights as a motorcyclist in Texas.
• Sound advice about what actions to take next.
• Communications with insurance companies, hospitals, and bill collectors.
• Skilled insurance settlement negotiation.
• Drafting and filing of your claim within the statute of limitations.
• Legal representation during legal processes.
• Tenacious trial preparation and litigation in court, if necessary.
• 24/7 communication with you about your case.

Clients feel calmer, safer, and more confident after motorcycle accidents with our attorneys by their sides. Don’t take our word for it – our client testimonials speak for themselves. Past clients have thanked us for our “zealous client advocating,” for going “over and beyond” claim settlements, and for our “exceptional professionalism.” We truly do break the mold when it comes to personal injury representation, working day and night to get the best results possible. We take cases when other attorneys turn them down and passionately represent each client that comes to us for assistance. Don’t fight your motorcycle accident claim alone!

Motorcycle Injury Statistics/Texas Motorcycle Statistics

Our law firm stays up to date on the latest news, information, and statistics when it comes to traffic accidents. We like to stay informed about the state of the roadways in Texas, as well as let our clients know the most recent data. Thousands of motorcyclists traverse the roads in Texas every day, commuting to work in cities or simply enjoying the ride through some of the country’s most picturesque rural areas. Sadly, not all rides end well. The following are some of the latest statistics on motorcycle accidents and injuries:

• In Texas, there are currently around 380,793 registered motorcycles.
• Nationally, motorcyclists had an injury rate of 1,028 per 100,000 registered vehicles in 2015. The fatality rate was 57.85.
• Around the country, motorcyclists traveled 19,606 million miles in 2015.
• In 2016, 496 motorcyclists (riders and passengers) died in traffic collisions in Texas. At the time of death, 53% of these motorcyclists were not wearing helmets.
• Statewide, the majority of fatal motorcycle accidents occurred on urban roads (292) as opposed to rural roads (205) in 2016.

Motorcycle accidents are more likely than other vehicle collisions to result in serious to fatal injuries. Alcohol use, speeding, and driver distraction are all major factors involved in motorcycle crashes in Texas. Although motorcycle helmets can greatly reduce the risk of fatal head injuries, they cannot guarantee one’s safety. It is up to other drivers to operate vehicles with caution to help prevent motorcycle crashes. Failure to do so is an act of negligence that could lead to an insurance claim or lawsuit.

Insurance Claims in Motorcycle Crashes

Texas is a “fault” insurance state, like the majority of states. This means accident victims will file insurance claims with the at-fault party’s insurer. Factors that could affect your motorcycle accident insurance claim include coverage amounts, medical records, accident documentation, and how soon you report the crash. Take swift action to report your crash to insurance companies to avoid missing an important deadline. Steps to take when filing an insurance claim after a crash include:

1. Gathering information. The more details about your crash you can record, the better. Your insurance company and that of the other driver will ask you how the crash happened, who suffered injuries, and the extent of property damage. Take photographs and document as much as possible.
2. Go to the doctor right away. Delaying medical care for your accident-related injuries may not only affect your prognosis for healing, but it could also hurt your odds of recovering compensation. Insurance companies will look to see if you sought medical attention and obeyed doctors’ orders when determining recovery amounts.
3. Call your insurance company. Call the phone number listed on your insurance card to report your crash to your insurer. Most insurance companies require prompt reporting “as soon as possible.” While this is a flexible deadline, waiting could run the risk of the insurance company denying your claim.
4. Don’t talk to insurance claims adjusters. It’s very important to know where you stand with insurance adjusters who call you after a motorcycle crash. An adjuster’s goal is not to get you a fair settlement amount. It’s to get you to settle for as little as possible. Don’t record a statement with an adjuster or accept a fast settlement offer. Instead, call an attorney and ask for assistance negotiating your claim.
5. Call an attorney. Handing your motorcycle accident insurance claim over to an experienced lawyer right from the beginning can help you avoid settling for less than your case is actually worth. Our firm will deal directly with insurance companies on your behalf, arguing to prove why you need the amount we request.

According to statistics from the Highway Loss Data Institute, “supersport motorcycles” have the highest number of accident-related insurance claims in the country. Speeding on a motorcycle could make you at least comparatively at fault for your crash, resulting in a smaller settlement amount. Texas is a modified comparative negligence state, meaning the courts will reduce your settlement or judgment award by your percentage of fault for the crash. Hire an attorney to maximize your odds of fair compensation in Texas.

Most Common Types of Motorcycle Crashes

Motorcycle design makes them inherently most susceptible to hazards that don’t phase larger motor vehicles. Bad weather, unsafe roadways, and motorcycle part defects can all risk the lives of motorcyclists. Learning the most frequent types of motorcycle accidents in Texas and why they happen can help you avoid becoming a victim. If you’ve already suffered injuries in such a crash, reading about the common types could open your eyes to potential third-party liability and legal opportunities. The following are a few of the most common types of motorcycle wrecks that injure our clients at The Law Firm of Aaron A. Herbert, P.C:

• Speed-related. Speeding drivers cannot brake or maneuver as effectively as non-speeding drivers. Changing roadway conditions, such as abrupt traffic congestion, can be deadly when someone is speeding. Speeding motorists might rear-end or otherwise collide with unsuspecting motorcyclists, running a high risk of serious injuries and death. Always obey posted speed limits and keep a safe distance away from other drivers in the event that they choose to speed near you.
• Alcohol-related. In Texas, 987 people died from alcohol-related traffic accidents in 2016. Driving while intoxicated (DWI) is against the law in Texas, but that unfortunately doesn’t stop motorists from doing it anyway. Motorcycle crashes involving intoxicated drivers often prove catastrophic, as drunk drivers are more likely to speed and break roadway rules, such as running red lights and colliding with motorcyclists.
• Head-on collisions. The majority (78%) of fatal motorcycle accidents involve other vehicles striking the motorcycle from the front. Head-on motorcycle collision can occur when other drivers cut oncoming motorcyclists off when making turns, drift into oncoming traffic, or drive the wrong way. Head-on collisions often involve deadly injuries for motorcyclists.
• Left-hand turn accidents. Vehicles making left-hand turns put motorcyclists at high risk of serious accidents. The driver making the turn might not pay enough attention to the road, unknowingly pulling out in front of an oncoming motorcyclist. They might also misjudge the speed or distance of the motorcycle. In most cases, the driver of the vehicle making the left-hand turn will be liable for these accidents.
• Single-vehicle accidents. Sometimes motorcycle accidents don’t involve other drivers at all, but rather stem from unsafe roadways or defective vehicle parts. Potholes, slippery roads, dangerous weather, malfunctioning traffic lights, poorly designed streets, debris in the road, and many other things could cause single-vehicle motorcycle accidents in Texas.

During a free consultation with our Texas motorcycle accident attorneys, you can get to the bottom of who or what likely caused your crash. The defendant in your claim could be another driver, a part manufacturer, a property owner, the city, and/or other parties. More than one party might share fault for your crash and end up being jointly and severally liable to you for damages. Talk to a lawyer for more in-depth information about your specific Texas motorcycle accident.

Speak to a Lawyer About Your Texas Motorcycle Accident Today

At The Law Firm of Aaron A. Herbert, P.C, we care about Texas’ motorcyclists. We understand the nuances of these unique accident claims and can help injured victims or the family members of deceased loved ones pursue fair compensation. Our skilled negotiators and litigators can fight for greater compensation awards than you can by yourself, helping you achieve future financial stability. You could be eligible for recovery of your medical bills, pain and suffering, and more. Learn the potential value of your claim during a free consultation with one of our lawyers. Call (210) 435-7968 to schedule yours today.

What Damages Could You Receive for a Motorcycle Accident?

If you suffer injuries in a motorcycle accident, you may wonder how much you could receive in compensation at the resolution of your claim. Since juries and insurance companies award settlements on a case by case basis, it is not easy to estimate for how much money you could receive. However, you can estimate the size of your potential award based on a number of factors. To determine how much you could receive, you will have to take liability and damages into account. Liability refers to who was at fault for the accident. If the other driver involved in your accident was at fault, you can hold him or her liable for the injuries you sustain as a result of the accident. The losses and injuries you sustain due to the motorcycle accident are known as damages. In the state of Texas, you can recover numerous types of damages in a motorcycle accident case. The court usually divides damages into two types: special damages, which you can calculate exactly through bills and other records, and damages you cannot calculate, also known as noneconomic damages. Special damages include tangible out-of-pocket costs such as past and future medical expenses, lost wages, future lost earnings and lost earning capacity, and property damage. Since the nature of motorcycle accidents often results in permanent or partial disability for many victims, you may experience a reduction in your ability to work. Your attorney will calculate the amount of lost wages you incurred due to recovery time for your injuries. In addition, your attorney will calculate how much your injuries diminished your ability to work and the length of time you could work – allowing you to claim the difference in compensation. Noneconomic damages can be difficult to calculate without an attorney’s assistance. Since the jury does not have a clear idea of how much to award, the judge will usually instruct the jury to use their best judgment. Noneconomic damages in motorcycle accident cases can include pain and suffering, emotional distress, post-traumatic stress disorder, and loss of quality of life.

What Do You Need to Prove to Have a Valid Motorcycle Accident Claim?

To successfully prove a motorcycle accident claim in Texas civil court, you and your attorney will need to prove that the other driver was at fault for the accident. Motorcyclists are often subject to unfair assumptions from the jury, so it is very important to have a strong and compelling case proving that the other driver acted negligenly. In order to successfully prove negligence in a motorcycle accident claim, you and your attorney will need to satisfy the following elements.

• First, you and your attorney will have to prove that the other driver in your case owed you a duty of care. Everyone who operates a vehicle on a Texas road owes the other drivers and cyclists in the area a duty to drive safely, responsibly, and while obeying all applicable traffic laws. Since you and the other driver were on the road at the same time, you can easily establish this duty of care.
• Next, you will need to prove that the other driver breached his or her duty of care to you. If the other driver broke a traffic law, operated his or her vehicle in a negligent manner, or failed to honor the right-of-way, you can prove this element. For example, if you were riding your motorcycle and the other driver sped through a red light, crashing into you, you can prove a breach of care.
• Finally, after you establish the breach of care, you will have to prove that you suffered injuries as a result of that breach. For example, if the other driver running a red light caused the crash and your medical records show that you sustained broken bones in the crash, you can establish this causation.

The city is a great place for motorcycle riding. Enthusiasts can ride around the city or easily escape into the countryside for a fun day trip. Traveling via motorcycle is cost-effective and freeing, but it is also risky. Motorcyclists are generally safe drivers, but they cannot control the behaviors of other drivers. In accidents with passenger vehicles, motorcyclists often sustain serious or life-threatening injuries. It would be wise to know a leading Fort Worth motorcycle accident attorney. If you cannot walk away from a motorcycle accident, you will likely need legal support to secure the compensation you deserve for your injuries. The Law Firm of Aaron A. Herbert serves the motorcycle community of Fort Worth. We recognize the risks local motorcyclists face, and we are proud of our reputation for success in personal injury claims. Partner with us, and we’ll help you recoup your losses and hold the responsible party accountable for your injuries.

How to Handle a Motorcycle Accident Insurance Claim

The catastrophic nature of a collision when a motor vehicle strikes a motorcycle can cause serious and life-threatening personal injuries. Some of the most common injuries are broken bones, head injuries, traumatic brain injuries, spinal cord injuries, and severe road rash. A victim may come away with permanent scars, disfigurements, loss of limb, or disabilities. An insurance company may try to underestimate the severity of a motorcyclist’s injuries, or engage in bad faith tactics to avoid a payout unless the victim knows what not to do.

1. Do not admit fault. Do not tell an insurance agent or claims adjuster you were at fault for the accident, even if you think you were. Wait for an official investigation to determine the cause of the accident.
2. Do not agree to give a recorded statements. Recorded statements are simply a way for the insurance company to try to trap you into saying something that can damage your case, and using it later to refute your claim. The law does not obligate you to give a statement.
3. Do not accept the first settlement offer. Insurance companies often offer much less than a case is worth initially, to test whether the victim knows the true value of the claim. Do not believe an adjuster if he or she says it is the best or final offer. Instead, wait until you speak to an attorney to decide.

What you say to an insurance claims adjuster after a motorcycle accident can determine your final settlement or verdict amount. Be careful during these post-accident phone conversations. If you do not wish to negotiate a claim alone, contact an attorney to take over communications with an insurer on your behalf.

Why Choose Us?

Selecting an attorney that you feel confident in representing your motorcycle accident claim takes reviewing the firm’s merits. Every case requires attention from an attorney who will go the extra mile to achieve success. At the Law Firm of Aaron A. Herbert, P.C., the attorneys will fight hard to protect each client’s right to compensation. Clients in Fort Worth choose us for a variety of reasons.

• Aaron A. Herbert has more than 10 years of experience handling personal injury cases throughout the Fort Worth area. He has personally tried more than 50 cases in front of judges and juries. He has resolved thousands of cases pre-trial, achieving successful settlements without needing a full trial. Our firm focuses exclusively on personal injury law, giving us in-depth experience.
• Success rate. Our lawyers have obtained hundreds of thousands of dollars in verdicts and settlements for clients over the years. They achieve successful results with a combination of aggressive negotiation, strong presentation of evidence, and a passion for justice. Thousands of clients have benefitted from our firm’s representation in the form of life-changing jury verdicts and insurance settlements.
• Personal attention. We do not pass cases off to paralegals or associates. We recognize the importance of dedicating personalized, one-on-one attention to each client. A lead attorney will play a role in your motorcycle accident claim, working closely with you to achieve your unique goals for the lawsuit. You will benefit from open communication, honest answers, and transparent conversations about your case.

The Law Firm of Aaron A. Herbert, P.C. has built a strong reputation within the Fort Worth community. Years of dedication to client success have led thousands to trust our firm with their most serious personal injury cases. A motorcycle accident can be permanently disabling. Our attorneys will listen to your story, dedicate personal attention to your case, and fight for fair and full compensation through every available outlet. Contact us today for a free consultation.

Common Causes of Motorcycle Accidents

In Texas, 496 people died in motorcycle accidents during 2016, including 463 drivers and 33 passengers. Of the 463 motorcycle drivers who died that year, 239 (more than half) failed to wear a helmet. During the same year, the state recorded 2,008 incapacitating injuries and 3,620 non-incapacitating injuries among motorcyclists and their passengers. Most accidents involving motorcycles are preventable. If someone had used reasonable caution while driving, you wouldn’t need to rely on an insurance claim or lawsuit to move forward with your life. Human error is the most common cause of motorcycle accidents. Some of the most often cited contributing factors in accidents are similar to those involving car accidents and truck accidents. In passenger vehicle-motorcycle accidents, any of these unsafe driving behaviors will decrease the likelihood that a driver will see a motorcyclist on the roadway. The slim profile of a motorcyclist is easy to miss if you take your eyes of the road for just a few moments. Depending on the motorcycle’s position, a driver may not hear the roar of the bike’s engine. A few moments of inattention can keep a motorcyclist from ever riding again.

State Motorcycle Laws and Accidents

Texas is one of the few states that does not require motorcyclists to wear a helmet if they are over 21, pass relevant training courses, and carry adequate insurance. While a rider may choose to ride without a helmet, it’s in the best interest and safety of all motorcyclists to wear head protection. If you choose to ride without a helmet, you assume a certain level of risk. In the event of an accident and head injury, a defendant could successfully argue that the lack of reasonable head protection contributed to your injuries. Depending on the circumstances, this argument could harm your ability to collect the amount of compensation you need to make a full recovery.

Finding a Motorcycle Lawyer in Fort Worth

After a preventable motorcycle accident, insurance companies often look for ways to lower or deny an insurance claim. If you choose to pursue a claim without the aid of a motorcycle accident attorney, you may receive an unfair settlement offer from your own insurer and/or a liable driver’s insurer. Our motorcycle attorneys routinely handle accident claims. We know how insurance companies work and the common obstacles in motorcycle accident claims. Our founder is a Texas Board Certified Personal Injury Trial Lawyer who will not accept anything less than a fair settlement offer for any of the clients we serve. In addition to handling insurance and legal claims for compensation, we can help you find qualified medical support and negotiate with medical bill collectors on your behalf.

Schedule Your Free Consultation Today!

You deserve the time and financial means to heal after a motorcycle accident. Partner with us, and we’ll fight for your right to full compensation. For more information on our motorcycle accident practice in Fort Worth or to schedule a free case evaluation, call us at (817) 500-4878.