Motorcycle accidents are complicated because there are multiple liable parties. Getting the compensation you deserve can take time because the insurance adjuster may offer less than your claim is worth or delay the process. An experienced Fort Worth motorcycle accident lawyer can help you avoid missing deadlines and filing claims too late. A seasoned attorney can also help you calculate damages and fight for a fair settlement.
Duty of Care
Since motorcycles are much smaller and less visible than cars on the road, a driver must pay attention and watch for them. If a car driver fails to do this and hits a motorcyclist, they will be liable for injuries and damages. A lawyer from a motorcycle accident law firm in Fort Worth Texas will help to establish that the other driver in the crash owed you a duty of care. This is proven by showing that they violated this duty by breaking a traffic law or operating their vehicle negligently, such as speeding or running a red light. Documenting the damage and losses suffered in the accident is also important. This includes medical bills, repair bills, lost wages from time off work, and severe emotional distress. Document all of this as well, and bring it to the attention of your attorney. This will make it easier to get a fair settlement for your claim.
Damages
Motorcycle riders can suffer severe and life-threatening injuries in collisions with automobiles. Such injuries range from broken bones and traumatic brain injuries to spinal cord damage and scarring. Many victims of such crashes also endure pain and suffering damages that have an intrinsic value, such as reduced enjoyment or emotional distress. Victims must document their losses promptly, such as receipts for medical expenses, repair costs, and lost wages. Visits to your primary care physician soon after an accident are also wise to ensure you are healing correctly. It is advisable not to discuss or post photos/check-ins regarding your accident online, as insurance companies could use these posts against you to downplay or deny claims; an experienced Fort Worth motorcycle accident attorney can protect against this behavior.
Statute of Limitations
The law in Texas states that an injured claimant has two years from the date of their crash to file a lawsuit and recover compensation. However, exceptional circumstances may result in exceptions to this time limit. For example, if a person suffers injuries in an accident while they are mentally unsound or under the influence of certain drugs, the statute of limitations could be extended. Also, if an at-fault party leaves the state of Texas for some time, the clock could stop ticking until they return. A skilled motorcycle accident attorney could explain the nuances of the Texas statute of limitations and help clients recover the maximum damages possible for their claims. They could also handle communications and negotiations with insurance companies, their lawyers, and any other parties involved in a case. This frees up a client to focus on recovering physically, emotionally, and financially from their accident and injuries.
Negotiation
The first step in filing a motorcycle accident claim involves obtaining a certified police report. Once a lawyer obtains this document, they can pursue insurance coverage to cover the victim’s economic and non-economic damages. In many cases, multiple parties may be responsible for a motorcycle crash. This can include other drivers, a company that hired the driver or owner of the motorcycle, construction companies responsible for dangerous road conditions, and even the state or local government if a roadway is not maintained correctly. It is crucial to have a knowledgeable motorcycle accident lawyer manage your claim with the insurance companies involved, especially when dealing with large or complicated claims. Without a skilled legal team on your side, an insurance company may try to undervalue your case or use bad faith tactics.
