The moments following a motorcycle accident are difficult to process, but don’t worry! Our Motorcycle collision law firm has created this list to help you better understand what comes next. Here are the most frequently asked questions after a motorcycle accident.
What should I do at the scene of the motorcycle accident?
First, get medical care for anyone hurt. If your motorcycle obstructs the road, move it out of the way if you can. Next, get the other driver’s insurance information to file a claim later.
Should I see a doctor?
Yes, you should see a doctor after the accident. Often, a person will not realize how badly they are hurt or if they are hurt since their body may be in shock after the accident.
Do I have to tell the police?
If anyone died, was seriously injured, or the property damage exceeds a certain amount, typically $1,000, you must tell the police.
How long do I have to file a claim?
The statute of limitations in Texas is two years from the date of the accident. Any claim beyond that date will likely not receive any compensation. However, in some cases, the statute of limitations is much shorter. For example, you only have six months to file a claim with government vehicles.
What if the at-fault driver has no or too little insurance coverage?
When the other driver does not have enough coverage, you can make a claim with your own insurance company. This example is why we recommend every driver carry uninsured/underinsured motorist coverage to cover any damages uncovered by the other driver’s insurance.
Do I have to wear a helmet?
In Texas, you must wear a helmet if you are under 21. However, if you are 21 or older, you do not have to wear a helmet if you have either completed an approved motorcycle training course or have medical insurance covering motorcycle accident injuries. However, the laws vary by state, so be sure to educate yourself on the laws in your state.
What if I wasn’t wearing a helmet?
This answer depends on the state’s laws. Failure to wear a helmet could limit your ability to seek damages. Even if the law does not remove your ability to file a claim, not wearing a helmet can negatively affect your case. Insurance companies often claim that not wearing a helmet caused your injuries to be more severe, meaning you are partially at fault for your injuries and will have your compensation reduced.
What if the insurance company won’t pay for all my damages?
If the insurance company offers an unreasonable settlement for your damages, you could take the other driver to court to win more than the settlement offer.
What does “comparative negligence” mean?
Comparative negligence is a rule that reduces the damages a plaintiff can recover in a negligence-based claim based on the percentage to which the plaintiff’s negligence contributed to the injury.
Should I talk to the insurance company?
After a motorcycle accident, an insurance adjuster from the other driver’s insurance will likely contact you quickly. They are not calling to help you. They are looking for information to hurt your claim. With this in mind, you should not speak with the other driver’s insurance after an accident.
Can I file if I was a passenger in a crash?
Anyone involved in a motorcycle accident can file a claim against the at-fault driver in Texas. If you were a passenger in a motorcycle accident, you can file a claim with the at-fault driver’s insurance.
Who pays to fix my bike?
The at-fault driver is responsible for paying to fix the bike. If you are at fault for the accident, you will have to file it with your own company.
Should I hire a lawyer?
Motorcycle accidents can be very complex situations with tight deadlines. Lawyers know the law and the obstacles that follow a motorcycle accident. A lawyer’s help can make a significant difference in holding the insurance company and at-fault driver accountable.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
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