According to the Texas Department of Transportation (TxDOT), there were over 8,000 injuries and fatalities to motorcycle drivers and passengers in 2019. Car accidents involving motorcyclists are especially dangerous since motorcycles lack the protective frame of a car to protect them in a crash.
If you or your loved one suffered an injury in a motorcycle accident because of a negligent driver, you may be entitled to receive compensation for your losses. You should not have to pay the expenses for an accident that was not your fault.
A Fort Worth motorcycle accident lawyer at Ben Crump Law, PLLC may be able to help you. Call our team at (800) 235-0444 to schedule a free consultation. We can explain your legal options and try to help you recover damages you suffered in a motorcycle accident. Since we work on contingency, you will not owe us anything unless we can negotiate a settlement for you.
Driver Responsibility Laws in Texas
Car accidents involving motorcycles are often very serious. Because motorcycles are smaller, easier to maneuver, and harder to see than typical cars and trucks, motorcycle accidents are often caused by negligent driving. If you were in an accident caused by another driver’s negligence, you should be eligible to receive compensation.
Texas Civil Practice and Remedies Code § 33 states that in the case of injuries and accidents, each person involved has proportionate responsibility. Also called comparative negligence or shared fault, this proportionate responsibility law means that everyone involved in an accident is responsible for their share of the fault.
For example, if you are 30% at fault for an accident because you forgot to use a turn signal, but the rest of the accident was due to the other driver’s negligence, you would receive 30% less than the total damage award. If the damages are worth $100,000, you would receive 70% of the damage award, or $70,000.
Additionally, any person at fault for more than 50% of the accident will not receive any compensation. Because of this comparative negligence rule, if you hope to recover your expenses after a motorcycle accident, it is especially important to show the other driver’s liability because of their negligence.
Negligence is when a person fails to take reasonable actions to prevent harm from occurring to another person. In the case of motorcycle and other traffic accidents, this can include not following the rules of the road, such as speeding, failing to use turn signals, failing to obey traffic signs, weaving through traffic, and other dangerous driving behaviors. A lawyer could help you to show the other driver’s negligence after an accident and recover compensation for your losses.
For a free legal consultation with a motorcycle accidents lawyer serving Fort Worth, call 800-924-3113
Your Legal Options After a Motorcycle Accident
When you suffer an injury or property damage in a motorcycle accident, you have two main legal recourses to recover the costs of the accident:
- File an insurance claim. If the other driver is responsible for the accident and has insurance coverage, which is required by law, you can file a claim to receive compensation from their insurance provider. If they do not have insurance, you could also file a claim with your own insurance provider, but whether you can receive compensation in this situation often depends on what kind of policy you have.
- File a personal injury lawsuit. Instead of going through insurance companies, you can try to recover the costs of your accident by filing a personal injury lawsuit in civil court.
A Fort Worth motorcycle accident lawyer at Ben Crump Law, PLLC may be able to help you receive the compensation you deserve after a motorcycle accident. Our team can explain your legal options, help you decide which one is best, file a claim on your behalf, and negotiate for you to receive a fair settlement.
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Recoverable Damages After a Motorcycle Accident
When you suffer an injury because of someone else’s negligence, you may be entitled to receive compensation for your losses. Possible damages you could recover after a motorcycle accident in the Fort Worth, Texas, area include:
- Medical expenses
- Lost earnings
- Property damage
- Pain and suffering
- Mental anguish
- Physical impairment
You should consider pursuing damages after an accident because you should not have to suffer further injury by paying the costs for something that was not your fault.
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How the Statute of Limitations Could Affect Your Case
A statute of limitations is a law that puts a time limit on when you can bring legal action after a wrongful event occurs. Texas Civil Practice and Remedies Code § 16.003 states that the statute of limitations for personal injury lawsuits in Texas is two years. This includes instances of injury, property damage, and wrongful death caused by a motorcycle accident.
Usually, you cannot recover any damages if it has been more than two years since the date of your accident, but there are some rare exceptions to this statute of limitations, so you could still consult a Fort Worth motorcycle accident lawyer to be sure you know your legal options.
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The Team at Ben Crump Law, PLLC Is Here to Help You
Being in a motorcycle or car accident is often a traumatic experience. When you or your loved ones suffer from an injury or accident, you should be able to take the time you need to recover from this experience. A Fort Worth motorcycle accident lawyer at Ben Crump Law, PLLC is here to handle your case so you can focus on healing.
To attempt to prove the other driver’s liability for an accident, our team might:
- Obtain and review police records.
- Find video surveillance.
- Find photos of the accident or the scene of the accident.
- Review the scene for evidence, such as skid marks.
- Gather eyewitness statements.
- Obtain and review medical records.
We can also identify what damages you might be able to recover, file a claim on your behalf, communicate with insurance companies and any other involved parties, and firmly negotiate for you to receive the compensation you deserve.
Call the team at Ben Crump Law, PLLC today at (800) 235-0444 to schedule your no-cost, no-obligation consultation. We will do our best to help you, and since we work on contingency, we will not charge you any fees unless we can negotiate a settlement for you.
Call or text 800-924-3113 or complete a Free Case Evaluation form