Deciding whether to get a lawyer for a motorcycle accident is a critical step, and in most situations, the answer is a resounding yes. Having a legal advocate can provide the clarity and support you need to protect your rights, especially when facing serious injuries and aggressive insurance companies. An experienced motorcycle accident attorney can handle the legal details of your claim, allowing you to focus on what matters most: your recovery.
Key Takeaways for Should You Get a Lawyer for a Motorcycle Accident
- Motorcycle accident claims are often complex due to an unfair bias against riders and the frequent severity of injuries involved.
- A personal injury attorney investigates the accident, calculates the full extent of a victim’s damages, and handles all negotiations with insurance companies.
- Understanding state laws, such as Texas’s statute of limitations and comparative fault rules, is crucial for a successful injury claim.
- Most personal injury lawyers work on a contingency fee basis, meaning the client pays no attorney’s fees unless they win their case.
- Even if an insurance company makes an early settlement offer, it is often far less than the amount needed to cover long-term medical costs and other losses.
Why Motorcycle Accident Claims Are So Complicated
Riding a motorcycle offers a sense of freedom that’s hard to match. Unfortunately, when a crash happens, that freedom is replaced by a difficult and often unfair claims process. Unlike a typical car-on-car collision, motorcycle accidents present unique challenges that can put the rider at a significant disadvantage from the very beginning.
One of the biggest hurdles is the pervasive and unfair bias against motorcyclists. There’s a common misconception that people who ride are inherently reckless thrill-seekers. Insurance adjusters know this and often try to use this stereotype to shift blame onto the rider, even when another driver was clearly at fault. They might argue you were speeding, weaving through traffic, or otherwise responsible for the crash, hoping to reduce or deny your claim. A lawyer for a motorcycle accident understands how to combat these biases with hard facts and evidence.
Furthermore, the injuries sustained in a motorcycle crash are frequently severe or even catastrophic. Without the protection of a steel frame, airbags, and seatbelts, a rider’s body absorbs the full force of the impact. This leads to life-altering injuries that require extensive medical treatment, long-term rehabilitation, and can result in permanent disability. The financial stakes are incredibly high, and calculating the true cost of these injuries—both now and in the future—is a complex task that requires careful attention to detail.
What Can a Lawyer for a Motorcycle Crash Do for You?
When you’re recovering from an injury, the last thing you want to do is fight with an insurance company. Hiring a lawyer for a motorcycle accident shifts that burden from your shoulders to an experienced professional. Their job is to manage every aspect of your legal claim so you can concentrate on healing.
Investigating Your Accident and Proving Fault
To get the compensation you deserve, you must first prove that the other party was negligent. Negligence is a legal term that simply means someone failed to act with reasonable care, and their carelessness caused your injuries. An attorney will launch a thorough investigation to establish this, which includes:
- Gathering Evidence: They will obtain the official police report, collect photos and videos from the scene, and track down any available traffic or security camera footage.
- Interviewing Witnesses: Eyewitness testimony can be powerful. Your lawyer will contact anyone who saw the accident to get their account of what happened.
- Working with Professionals: In complex cases, they may hire accident reconstructionists to recreate the crash scene and provide a scientific analysis of how the collision occurred and who was at fault.
This detailed investigation builds a strong foundation for your claim, countering any attempts by the insurance company to unfairly blame you.
Calculating the True Value of Your Claim
How much is your claim worth? It’s far more than just your initial medical bills. An experienced lawyer for a motorcycle accident will help you identify and calculate all your losses, known as damages. These damages are typically separated into two categories.
Economic damages are the tangible financial losses you’ve suffered. These can include:
- Current and future medical expenses (hospital stays, surgeries, physical therapy, medications)
- Lost wages from time off work
- Loss of future earning capacity if you can no longer work or must take a lower-paying job
- Property damage to your motorcycle and gear
Non-economic damages are intangible but equally real losses related to the impact the accident has had on your quality of life. These include pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life. A skilled attorney knows how to place a fair monetary value on these personal losses.
Dealing with Insurance Companies on Your Behalf
Insurance adjusters are trained negotiators whose goal is to protect their company’s bottom line by paying out as little as possible. They may sound friendly and helpful on the phone, but their interests are directly opposed to yours. They might try to get you to give a recorded statement to twist your words later or pressure you into accepting a quick, lowball settlement before you even know the full extent of your injuries.
When you have a lawyer, all communication with the insurance company goes through them. Your attorney will handle the phone calls, paperwork, and negotiations, protecting you from common insurance company tactics. They will present your evidence and fight for a settlement that truly covers all of your damages. If the insurance company refuses to make a fair offer, your lawyer can be prepared to take your case to court.
Texas Motorcycle Accident Laws
Personal injury law is governed by a complex set of state statutes and deadlines. Missing a deadline or misunderstanding a rule can jeopardize your entire case. A lawyer familiar with Texas law will ensure your claim is handled correctly.
Two of the most important laws in Texas are:
- The Statute of Limitations: In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This is outlined in the Texas Civil Practice and Remedies Code § 16.003. If you miss this deadline, you will likely lose your right to seek compensation forever.
- Modified Comparative Fault: Texas follows a rule also known as proportionate responsibility. Under the Texas Civil Practice and Remedies Code § 33.001, you can still recover damages as long as you are not found to be 51% or more at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your final award would be reduced by 20%. Insurance companies often use this rule to argue that the rider shares a large portion of the blame to reduce their payout.
An attorney will use the evidence they’ve gathered to minimize any fault assigned to you and protect your right to full and fair compensation.
The Unseen Dangers: Common Motorcycle Accident Injuries
The forces involved in a motorcycle wreck are devastating. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are about 28 times more likely than passenger car occupants to die in a crash per vehicle mile traveled. Even in non-fatal accidents, the injuries are often severe and can impact a person for the rest of their life.
Riders are vulnerable to a wide range of serious injuries, including:
- Traumatic Brain Injuries (TBIs): Even with a helmet, a rider’s head can sustain a significant impact, leading to concussions or more severe brain injuries that affect cognitive function, memory, and personality.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring a lifetime of medical care and assistance.
- Road Rash: This injury occurs when a rider’s skin slides across the pavement. Severe cases can cause deep tissue damage, infections, and permanent scarring.
- Broken Bones and Fractures: Riders often suffer multiple fractures to their legs, arms, wrists, and ribs, which may require surgery and extensive physical therapy.
The physical pain is only part of the story. The emotional and financial toll of these injuries can be immense. Navigating the heavy traffic on San Antonio’s Loop 1604 or the fast-moving I-35 corridor is challenging enough without having to worry about the aftermath of a motorcycle accident caused by a distracted driver. The road to recovery can be long, and the costs can quickly become overwhelming.
Can I Afford a Lawyer for a Motorcycle Accident?
This is one of the most common and understandable questions people have after an accident. With medical bills piling up and no income from work, the thought of paying for a lawyer can seem impossible. You might be wondering how much a personal injury lawyer costs. Fortunately, almost every personal injury lawyer works on what’s called a contingency fee basis.
Here’s what that means:
- You pay no upfront fees to hire the lawyer.
- The law firm covers all the costs of investigating and pursuing your case, such as filing fees and hiring expert witnesses.
- You only pay the lawyer if and when they win your case, either through a settlement or a court verdict.
- The lawyer’s fee is a pre-agreed-upon percentage of the total compensation they recover for you.
This arrangement makes high-quality legal representation accessible to everyone, regardless of their financial situation. It allows you to get the help you need without any out-of-pocket costs, ensuring a level playing field when you’re up against a large insurance corporation.
FAQs: Lawyer for a Motorcycle Accident
Here are answers to a few more common questions that come up after a motorcycle wreck in Texas.
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to file a claim through your own insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an important type of coverage that protects you in these situations. An attorney can help you navigate the process of filing a UM/UIM claim with your own insurer.
In Texas, riders over the age of 21 are not required to wear a helmet if they have completed a safety course or have adequate health insurance. However, if you were not wearing one, the insurance company will almost certainly try to argue that your injuries are worse because of it. This does not prevent you from having a case, but it is a complication that a knowledgeable lawyer for a motorcycle accident will know how to address. They can work to show that your injuries would have occurred regardless of helmet use.
It is almost never a good idea to accept the first offer. Insurance companies often make a quick, low offer hoping you’ll take it before you understand the full value of your claim. This initial offer rarely accounts for future medical needs, long-term lost wages, or your pain and suffering. It’s always best to discuss any offer with an attorney before accepting.
Yes, you may still have a strong case. Police reports are not always accurate, and the officer’s initial assessment of fault is not the final word. An attorney can conduct an independent investigation to uncover evidence that may show the other driver was primarily responsible. Under Texas’s comparative fault rule, you can still recover damages as long as you are not found to be 51% or more at fault.
Your Path to Recovery Starts Here
Being in a motorcycle accident is frightening. You are likely facing physical pain, emotional trauma, and growing financial stress. Speaking with a dedicated legal advocate can provide the support and guidance you need to move forward.
At Ryan Orsatti Law, we understand what you are going through. Ryan Orsatti and his compassionate team are committed to standing by your side, fighting for your rights, and helping you navigate the path to recovery and justice. We believe in a hands-on approach, giving your case the personalized attention it deserves.
If you or a loved one has been injured in a motorcycle accident in San Antonio, Austin, Dallas, or Houston, please contact us at (210) 525-1200 or through our online form for a free, no-obligation consultation to discuss your case. Let us help you secure the compensation you need to rebuild your life.