The aftermath of a motorcycle accident can bring about a lot of questions leaving a victim with a good bit of uncertainty. This is made worse by the injuries a victim may be trying to recover from and not knowing how they will pay their medical bills or future monthly bills. We will look at some of the most asked questions when it comes to motorcycle accidents which will give you an excellent foundation to start from. After that, we encourage you to send us a message or give us a call so we can set up an appointment to talk about your specific accident.
The questions below are generic in nature and don’t replace experienced legal guidance, so connect with our motorcycle accident law firm in Austin to get a more specific look at your case.
What is the Legal Difference Between a Motorcycle Accident and a Car Accident?
One question; a couple of factors. Motorcycle accidents can leave you with damages that are far worse than you would have sustained in a vehicle. The lack of protection means you are more susceptible to poor driving behaviors and motorists may take more chances around you, or simply not see you. This factor results in more complicated injuries that are harder to recover from no matter who was at fault.
Another factor is more motorcycle claims go to court litigation than regular car accidents because insurers know that juries have biases against motorcycle drivers. Most jurors will not have been on a motorcycle and have only had bad experiences with those who drive irresponsibly. A good motorcycle accident lawyer in Austin will be able to educate a jury and help them learn about how responsible most motorcycle drivers are.
What if I wasn’t Wearing a Helmet When the Accident Happened?
In the state of Texas, if you’re over 21 and have either completed a safety course or have the appropriate insurance plan, you do not have to wear a helmet. If you weren’t wearing a helmet, not only were you not breaking the law, but it can’t keep you from pursuing a legal claim for compensation. Now, the insurer or a jury may feel that your decision not to wear one was not a good safety practice, but in Texas, it is entirely within your rights not have been wearing one.
What if I was Partially to Blame for the Accident?
In Texas, accidents work off of whats called negligence laws. These are used to uncover who is to blame and at what percentage. Texas operates on what is termed ‘Modified Comparative Fault Rule,’ which means if you are not more than 51% at fault, you can seek damages. The insurers will determine the percentages. There are some exceptions to this which you can discuss with your Austin motorcycle accident lawyer, but that is generally how fault is discovered.
What is the Time Frame for Filing a Motorcycle Accident Claim in Austin TX?
You have two years from the date of the crash to file a claim after your accident. This is a reasonable amount of time, but if you’re significantly injured, filing a claim might be low on the priority list for the first months. Keep in mind, your Austin motorcycle accident attorney will need time to build a compelling case for you, so don’t let too much time pass and risk not meeting the deadline.
What kinds of Damages are Awarded for Motorcycle Accidents in Austin TX?
Every case will be different and the amount awarded will be directly tied to your injuries and property damage. However, here are some of the common forms of damages sought in motorcycle accident claims.
- Loss of wages, and wages that may be earned in the future.
- Loss of earning potential if you have been severely injured and don’t have a favorable prognosis to recover.
- Property damages to your motorcycle and other equipment you may have had on your bike.
- Medical expenses and expenses you may accrue in the future.
- Out of pocket expenses; for example, late fees you endured because you had no income.
- Pain and suffering compensation which will be calculated depending on your circumstances.
What if my Accident was Caused by Road Conditions or a Construction Zone?
In either of these examples, chances are you still have a case, but it will be directed at an entity rather than another person. For instance, if you hit a pothole, you may have a case to bring suit against the city that should have repaired it. There will be factors to this and evidence that needs to bring up for this kind of lawsuit. In the case of a construction zone, that will also depend on the circumstances. If something wasn’t marked correctly, that might be a reason to bring a claim against the company managing the construction.
What Does an Austin Motorcycle Accident Attorney Near me Do?
Your accident attorney should help you with several tasks and services. We are going to outline these below, so you know whether or not you’re working with a qualified legal professional.
Understand Texas Motorcycle Laws – Your accident lawyer should be up to speed on current laws and comfortable with working on these types of cases. They should have extensive experience and know how to use the laws in your favor.
Manage Your Claim from Start to Finish – An Austin Motorcycle accident attorney will manage your case, the deadline, the paperwork filings, and legal proceedings. This will take tremendous pressure off of you so you can focus on your health.
Communicate on Your Behalf – One of the best aspects of having an attorney working for your interests is that they communicate with the insurance company. They will be the one who fields questions, answers them with your approval and will negotiate your claim.
Can we assist with Austin motorcycle accident? Please give the Robson Law Firm a call today and let’s get your appointment scheduled today. We look forward to learning more about you and your case.