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December 13, 2019

Austin Motorcycle Accident Lawyer

If you have suffered devastating injuries in a bike wreck, you can reach out to a seasoned motorcycle accident lawyer in Austin for assistance pursuing the compensation you need to rebuild your life.

Motorcyclists are far more likely to endure severe injuries when in a collision than someone who is traveling in any other kind of vehicle.

Without the protection of surrounding steel, motorcyclists are known to face the aftermath of traumatic brain damage, spinal cord injuries, amputations and other serious injuries. These types of injuries can be permanently debilitating and prevent the survivor from continuing to work or enjoy their life as they once did.

Unfortunately, a lack of income can harm your family more than the physical injuries you sustain, which is why having a highly trained Austin motorcycle accident lawyer at Crain Lewis Brogdon, LLP by your side is critical to the success of your claim. Our firm will do whatever it takes to help you obtain the funds you are entitled to from the liable party.

Texas Personal Injury Laws You Need to Know

As you prepare to move through the motorcycle crash claims process, there are a few different laws you should be aware of, as they will more than likely affect the outcome of your claim.

To start, you need to know that there is a deadline for the actual filing of your lawsuit. This is known as the statute of limitations and will begin running from the date of the wreck. Once two years have passed, the statute of limitations will have expired and, if your claim hasn’t already been filed, you will no longer have the right to bring the persons or persons who caused your injuries to justice.

However, if your accident-related injury wasn’t diagnosed immediately after the wreck, the statute of limitations will begin at the date of the diagnosis.

Another part of the civil claims process you should be aware of is known as modified comparative negligence. This law will only apply to you if you contributed to the cause of the collision. Now, that doesn’t mean you will not be able to file your claim, but any award you receive will reflect a deduction of the percentage of culpability that the judge assigned to you.

We understand that these laws can seem quite complicated, particularly when you are trying to focus on your recovery. For this reason, you can rest easy knowing that your attorney will ensure your claim is filed before the statute of limitations runs out, and that any questions you have regarding comparative negligence laws will be answered during your initial consultation.

How Your Lawyer Will Get the Most Out of Your Claim

Before your claim can move forward, your attorney will need to determine who is responsible for causing your accident and subsequent injuries, as this party will be obligated to cover the costs associated with your damages.

In most cases, this will be the driver who hit you, but in some instances, the Texas Department of Transportation (TxDOT) or the vehicle parts manufacturers could be held accountable.

Once our investigation has uncovered who is liable for your damages, we will begin calculating the value of your claim. We do this by reviewing all the ways your life has been affected by the injuries you endured. Here are a few of the most commonly sought damages in bike crash claims:

  • Inconvenience
  • Lost wages and damage to your earning capacity
  • Loss of household services
  • Disfigurement and scarring
  • Pain and suffering
  • Medical bills, equipment and installation fees
  • Loss of companionship and love
  • Emotional distress
  • Loss of enjoyment of life

At the judge’s discretion, you could also be awarded exemplary damages, which are issued when the judge wants to punish the liable party for their egregious or abhorrent decisions. The hope is that individuals in the future will get the message that actions of this nature are not going to be tolerated in Austin courts.

Austin Motorcycle Accident FAQ

At a time when you should be putting everything you have into recuperating, the last thing you need is to be confused by the civil claims process, which can be intimidating for injury victims.

With this in mind, we have included some of the most frequently asked questions our former clients have had in regards to their motorcycle accident claims. If you have other questions that have not been addressed on this page, feel free to contact our firm directly so we can give you the personalized attention you need.

Is there any way to avoid going to court?

Every case is different, but we always hope to settle outside of court when it is in your best interest to do so. If we can get the insurance company to see reason and make a settlement offer that adequately reflects your losses, then we’ll have no reason to go to court.

But, this is unlikely, as the insurance company is not on your side and will more than likely refuse to meet your demands. If this happens in your case, we are fully prepared to bring them to court so you have the opportunity to have your claim heard by an impartial judge and jury.

Should I give the insurance company a statement?

No, we never recommend that our clients give the insurer a statement of any kind. This is primarily because auto insurers have a habit of doing everything in their power to minimize the settlements they are required to pay out on in order to maximize their own profit margins.

This includes twisting your words to make you seem more at fault than you might be, and making ridiculously low offers to tempt you when you need the money most. Bikers are especially at risk for being taken advantage of, as motorcyclists are often stigmatized as being reckless and irresponsible drivers.

Thankfully, our team of attorneys have years of experience in these unscrupulous insurer tactics, and we won’t let you settle for less than you deserve.

If I wasn’t wearing my helmet, can I still file a claim?

All Texas motorcyclists under the age of 21 are required by law to wear a helmet when operating their bikes. Bikers over the age of 21 are exempt from this law, as long as they have appropriate insurance and have completed a motorcycle safety course.

However, choosing not to wear a helmet can reflect poorly on your claim, as the defense will likely argue that you had little regard for your safety when you chose to ride without a helmet. You can be sure that your attorney will do everything possible to reduce the percentage of fault applied to you when you file your motorcycle accident claim in Austin.

Work with an Austin Motorcycle Accident Attorney

Motorcyclists who endure debilitating injuries after being involved in a wreck can get in touch with an Austin motorcycle accident lawyer at Crain Lewis Brogdon, LLP. Our firm will stop at nothing to secure your rightful compensation from the person or persons responsible for causing the crash.

We are proud to offer accident survivors in Austin a free claim assessment, where we can further discuss the circumstances of your case. Take advantage of this opportunity today by filling out the quick contact form at the bottom of this page or by calling our firm directly at 214-522-9404.