Midland Motorcycle Accident Lawyers
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If you have been involved in a motorcycle accident, you may have suffered serious injuries, resulting in mounting medical bills and the inability to work. Insurance proceeds may often not be enough to cover your obligations.
If you or a loved one has been injured in a motorcycle crash in Midland, you should contact the experienced Midland motorcycle accident injury attorneys from Zinda Law Group at (800) 863-5312 for a free consultation to explore your options. If we are not able to win your case, you will not owe us anything.
TEXAS MOTORCYCLE ACCIDENT STATISTICS
In 2019, there were over 400 fatal motorcycle accidents in Texas. Of these 410 fatal motorcycle accidents in Texas in 2019, nearly half were not wearing their helmet at the time of the crash. Between 2012 to 2016, there were between 147-191 motorcycle crashes per 100,000 people in Midland County, while between 15-50 of these crashes per 100,000 people resulted in fatalities or serious injuries.
CAUSES OF MOTORCYCLE ACCIDENTS IN TEXAS
Car and truck drivers are legally obligated to share the road with motorcyclists, but many drivers may fail to pay adequate attention to these smaller vehicles, causing an accident.
Drivers who are using mobile devices, eating, adjusting their radio, or who become preoccupied with other passengers may not be paying attention to the highway, and they may fail to notice a motorcycle in their vicinity.
Driving Under the Influence
Drivers who get behind the wheel while intoxicated present a danger to all drivers on the road, as driving while under the influence of drugs or alcohol may alter their perception and decision-making abilities, which can easily lead to an accident occurring.
Speeding, needlessly passing, and weaving in and out of lanes can all cause accidents. However, this type of erratic driving poses an increased danger to motorcyclists, as they can be harder to see. A reckless driver may not have enough time to avoid an accident if they fail to notice the presence of a motorcycle.
COMMON INJURIES CAUSED BY MOTORCYCLE ACCIDENTS
While most motorists are protected from at least some of the violence that results from a collision by the bulk and weight of their own vehicle, motorcycles offer little to no protection for their riders during an accident. The exposed nature of a motorcycle means that the driver will often absorb the full impact resulting from a collision. Injuries resulting from motorcycle collisions can be severe and even fatal, and may include:
Traumatic Brain Injuries
Traumatic brain injuries (TBI) can often occur as a result of a motorcycle accident, especially if the rider was not wearing a helmet at the time of the crash. TBI’s can degrade motor function and cognitive abilities, which can significantly degrade your quality of life. Wearing a helmet can help prevent or limit these kinds of injuries in some cases.
Neck and Spinal Injuries
Neck and spinal injuries can easily occur in accidents involving motorcycles due to the lack of restraining harnesses and lack of protection offered by the motorcycle. These injuries can be serious and may lead to significant limitations on mobility and chronic pain.
Motorcycle accidents may frequently result in broken bones, such as broken arms, legs, and/or ribs.
Motorcyclists may suffer serious abrasions and lacerations as a result of an accident. Serious lacerations resulting from sliding across the roadway, also known as road rash, is a common occurrence in motorcycle accidents.
WHAT TO DO AFTER A MOTORCYCLE ACCIDENT
1. Seek Medical Attention
The first thing you should do after a motorcycle accident is to seek medical attention. Your health and well-being are the priority. You should seek medical attention and be examined by a physician even if you do not have any apparent injury. Some injuries, such as internal bleeding, may not be immediately visible or present symptoms at first, despite being serious injuries with the potential to be fatal if left untreated.
2. Report the Accident
Next, you should report the accident to the local police or highway patrol as soon as you have sought medical attention. The police will arrive at the scene and begin to gather information with which to complete an accident report. This report generally contains information regarding the identity of the drivers, any passengers who may have been present, as well as details regarding the nature of the accident.
3. Collect and Document Evidence
While the aftermath of an accident can often be chaotic and hectic, you should still try to collect any evidence that may be available, if you are capable of doing so. This may include taking photos of your injuries, your vehicle, and the area around the accident. You should also collect the contact information of witnesses. Evidence is not limited to the scene of the accident, however, as medical records and billing are also valuable evidence you should be sure to keep.
4. Consult an Attorney
A motorcycle accident can leave you out of work and struggling to pay medical bills. The insurer may offer you an amount far below what you may be entitled to, hoping you will be willing to take anything offered. You should contact a Midland motorcycle lawyer as soon as possible to help you pursue the compensation you may be entitled to. An attorney may be able to examine your case, determine who may be liable, as well as help you determine what compensation you may be entitled to.
In the event of a motorcycle accident, the at-fault driver may be liable. To prove liability, four elements must be proven:
Duty of Care
It must generally be proven that the at-fault driver had a duty of care towards the motorcyclist. A duty of care is an obligation to take certain precautions that may prevent an accident from occurring, such as obeying the speed limit or not driving while intoxicated.
Breach of Duty
The at-fault driver must have breached this duty of care in some way. Driving faster than the posted speed limit or driving while drunk are examples of negligent behavior that may be used to prove the driver breached the duty of care owed to other drivers, including motorcyclists.
It must also be shown that the at-fault driver’s breach of their duty of care was the proximate cause of the accident. This means that had the other driver not breached their duty, the accident would not have occurred. For example, if the at-fault driver had not been speeding, they would have been able to stop in time to avoid an accident.
Finally, once the other elements have been proven, it must be determined that the victim’s injuries and damages were caused by the accident. This means that the injuries and damages for which the victim seeks compensation were a direct result of the accident.
HOW TO FILE A MOTORCYCLE ACCIDENT INJURY CLAIM
1. Consult an Attorney
If you have been injured in a motorcycle accident, you should consult a motorcycle injury attorney in Midland. Insurers may offer you an amount that is far lower than what you may be entitled to in an attempt to quickly settle the matter. However, an attorney may be able to help you seek the compensation you may be entitled to. Insurance companies often advertise they are there to help you, but they are for-profit companies, which often means that their goal is to make a profit, not to pay you everything you are entitled to.
Learn More: Why Hiring a Lawyer Will Help Your Case
After securing the services of a motorcycle injury lawyer in Midland, your attorney may then begin to investigate your claim to determine who may be liable and what amount of compensation may be appropriate. This may include investigating the scene of the accident, collecting accident reports, consulting experts, and interviewing witnesses. By consulting an attorney as soon as possible, you help to ensure the evidence is still fresh and available. Your attorney may also examine your medical records and bills to help determine the extent of your injuries and their financial impact.
3. Negotiations with Insurance Companies
Once your attorney has examined your claim, they may then be able to determine how much compensation you may be entitled to based on the facts of your case. Your Midland motorcycle accident lawyer may then present your demand for compensation to the insurer. The insurer can then either decide to accept your claim and provide the compensation requested, or they may reject the claim outright. Generally, the insurer will reject the claim and respond with a counteroffer, which may be much lower than what you may be entitled to. Your attorney may then begin to negotiate with the insurer to attempt to reach an agreement. If an appropriate amount can be agreed upon, a settlement may be reached.
If your attorney is unable to reach a settlement agreement with the insurer, your case may go to trial. Your attorney may represent you at this trial, and use the evidence collected during the investigation to build the case and support your claims. Here, your Midland motorcycle accident lawsuit will be decided by a jury, which will determine the amount of compensation to be awarded, if any.
LEGAL TIME LIMITS
There are certain time limits during which a motorcycle injury lawsuit in Midland must be filed. This legal time limit is known as the statute of limitations. In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the accident.
GET HELP FROM A MOTORCYCLE ACCIDENT LAWYER IN MIDLAND TODAY
At Zinda Law Group, our Midland attorneys may help you with your claim. Our attorneys have years of experience helping our clients pursue the maximum compensation after they or a loved one has been injured in a motorcycle crash.
Call (800) 863-5312 today for a free consultation with one of our experienced personal injury lawyers. You will not pay anything unless we can win your motorcycle accident injury case. That’s our No Win, No Fee Guarantee. We are currently offering virtual consultations during the COVID-19 pandemic.
Meetings with attorneys by appointment only.