A motorcycle accident can leave individuals dealing with serious injuries, medical bills, missed work, and questions about what happens next. When another person or company may be responsible for the crash, the injured party should not have to handle the insurance and legal process alone.
Hernandez Law Group, P.C. represents injured motorcycle riders and their families throughout Dallas and the DFW Metroplex. Since 1999, our firm has recovered millions of dollars for our clients, helping them pursue compensation and get their lives back on track. Led by Juan Hernandez, who is among the 2% of Texas personal injury lawyers board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, our clients know they have experienced legal representation on their side. Our attorneys provide services in both English and Spanish and offer a free consultation.
If you were injured or lost a loved one in a motorcycle accident, contact the Hernandez Law Group, P.C. to discuss your options. Our family looks forward to fighting for yours.
Why Hire a Dallas Motorcycle Accident Lawyer?
Motorcycle accident claims can become complicated quickly. Riders often suffer significant injuries, which increases the amount of medical treatment, lost income, and long-term care they need to receive to recover.
In addition to injuries, insurance companies may try to use biases against motorcyclists to argue that their insured wasn’t at fault by alleging that the rider was speeding, driving aggressively, or performing risky maneuvers that contributed to the crash to try to lessen their claim. These allegations and the language used when speaking with an injured party can be confusing and affect how the claim is handled.
The Hernandez Law Group, P.C. works around the clock to protect our clients from being bullied by the at-fault party and their insurance company into accepting less than they deserve. Our motorcycle accident attorneys investigate the accident thoroughly, preserve important evidence, review available insurance policies, and handle communications with insurers to allow our clients to focus on their recovery.
Having a knowledgeable attorney on your side is especially important when the accident involves commercial vehicles, rideshare drivers, defective motorcycle components, dangerous road conditions, or an intoxicated at-fault driver.
What to Do After a Motorcycle Accident in Dallas
Your health and safety come first after a motorcycle accident. Some of these steps you may not be able to physically complete after the accident, but that should not prevent you from seeking legal aid afterward.
When possible:
- Report the crash to law enforcement
- Seek medical attention as soon as possible
- Take photos of the accident site
- Damage to the vehicles and motorcycle involved
- Visible injuries
- Road conditions
- Where the accident took place
- Traffic signals
- Get contact information of the other driver involved
- Name
- Phone number
- Address
- Insurance information
- License plate number
- Get witness contact information
- Name
- Phone Number
- Address
- Statement
- Preserve any damaged riding gear
- Motorcycle parts
- Helmets
- Jackets
- Repair estimates
- Preserve medical treatment information and bills
- Contact a motorcycle accident attorney
Evidence becomes more difficult to obtain over time, so make sure you act sooner rather than later. If circumstances, due to your injuries, prevent you from gathering the information above, make sure you contact the Hernandez Law Group, P.C. as soon as possible. We can work with you to preserve evidence and properly keep all legal documentation to better support your claim.
Who May Be Liable for a Motorcycle Crash?
While car drivers often cause motorcycle accidents, there are steps that bikers can take to reduce their chances of getting into a wreck:
- Get a motorcycle license: Not all states require one, but some states, including Texas, do. Motorcycle driver’s education is important for ensuring you know how to operate your motorcycle on the road properly.
- Do not lane split: Lane splitting is illegal in Texas because it is incredibly dangerous and a leading cause of motorcycle accidents.
- Maintain your motorcycle: Like any vehicle, it is important to have your motorcycle maintained regularly. This will help you avoid breakdowns on the road.
- Look out for road hazards: Watch for and avoid road hazards to prevent a crash.
- Do not drive under the influence: Even over-the-counter medications or a single beer can impair your ability to ride a bike. Always make sure you are clear-headed before getting on your motorcycle.
- Watch out for cars being operated recklessly: Drivers who drink, text, road rage, or otherwise make poor decisions on the road often cause accidents. You can reduce your chances of being hit by watching out for and staying away from weaving or aggressive drivers.
Unfortunately, even if you take all of these precautions, you may still be the victim of a vehicle accident. If this happens, contact the motorcycle accident attorneys at Hernandez Law Group, P.C. We can handle the insurance companies and the lawsuit filing process for you.
Common Causes of Motorcycle Accidents in Dallas
While drivers may watch for other vehicles on the roadway, they often fail to watch for smaller vehicles such as motorcycles. The most common causes of motorcycle accidents are:
- Left-hand turns
- Following too closely
- Lane changes
- Lane splitting
- Poorly maintained roads
- Driving under the influence of drugs or alcohol
- Speeding
- Blind spots
- Failure to yield
- Unsafe commercial-vehicle maneuvers
- Defective components
How Is Fault Proven in a Motorcycle Accident Case?
A motorcycle accident claim is supported by evidence that shows how the accident happened and what damages/injuries occurred as a result.
Evidence will include the following:
- Police crash report
- Photos of the accident, damages to the motorcycle and vehicles, and any injuries
- Surveillance videos
- Dash cam footage
- Witness statements
- Damaged riding equipment
- Medical records
- Electronic vehicle data
- Phone records when relevant
- Expert analysis
While a police report is an important part of the investigation, it does not necessarily determine civil liability on its own. Additional evidence provides a more complete picture about how the accident occurred.
What If the Rider Is Accused of Being Partly At Fault?
Texas follows a modified comparative fault rule (also known as proportionate responsibility). This means that the claimant generally cannot recover damages when their percentage of responsibility is greater than 50%. When the claimant is not barred from recovery, damages are reduced according to the percentage of responsibility assigned to the claimant.
For example, accusations that the motorcyclist was speeding or failed to react quickly enough do not automatically establish fault. Those allegations must be evaluated along with the available evidence to establish their percentage of fault.
Does Not Wearing a Helmet Prevent a Texas Motorcycle Claim?
Not necessarily.
Texas generally requires motorcycle riders and passengers to wear approved protective headgear. However, state law provides an exception for a person who is at least 21 years old and has either completed an approved motorcycle operator training and safety course or has qualifying health insurance coverage for motorcycle collision injuries.
Not wearing a helmet does not determine who caused a motorcycle collision. However, helmet use and the nature of the rider’s injuries may become disputed issues in some claims, particularly when the injuries include head or traumatic brain injuries.
An insurer may argue that the absence of a helmet contributed to the severity of an injury. Whether that argument affects a particular case depends on the circumstances, medical evidence, causation, and applicable law.
Common Motorcycle Accident Injuries
Since motorcyclists are not as protected as other vehicle drivers, motorcycle injuries tend to be more severe. Common injuries include:
- Road rash
- Spinal cord injuries
- Broken bones
- Abrasions
- Traumatic brain injuries
- Head injuries
- Internal trauma to organs
Compensation Available After a Motorcycle Accident
The compensation available after a motorcycle accident depends on the facts of the case, the injuries involved, available evidence, insurance coverage, and other factors.
A claim may include:
- Past and future medical expenses
- Lost income
- Reduced earning capacity
- Motorcycle or property damage
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
When a crash results in the wrongful death of the motorcyclist, surviving family members of the estate may be able to pursue damages available under Texas’s wrongful death or survival laws.
Exemplary damages may be available in certain qualifying cases of gross negligence. However, these are not a part of every motorcycle accident claim.
A Dallas motorcycle attorney from the Hernandez Law Group, P.C. can review the financial and personal impact of the accident to determine which categories of damages may apply.
Insurance Coverage in a Motorcycle Accident Claim
A motorcycle accident claim may involve several types of insurance, depending on how the crash occurred and the policies involved.
The negligent driver’s liability insurance is often one source of coverage. If that driver has no insurance or does not have enough coverage for the losses involved, uninsured or underinsured motorist coverage may become relevant if applicable coverage is available.
Depending on the policies involved, personal injury protection, medical payments coverage, commercial insurance, employer coverage, or rideshare and delivery policies may also need to be reviewed.
Insurance policy limits can become especially important when a rider has suffered severe injuries. Coverage disputes can also arise over which policy applies, whether the insured was acting within the scope of work, or whether certain losses are covered.
How Hernandez Law Group, P.C. Can Help
The motorcycle accident attorneys at the Hernandez Law Group, P.C. can help our clients understand the value of their case and help them pursue the correct legal action to get them the compensation they deserve. We do the following to ensure that your case is a success:
- Compile and analyze evidence
- Advise you on how you should deal with the insurance company
- Help you file a claim or lawsuit
- Review any proposed settlement offers
- Negotiate the terms of the settlement
- Help you determine who the responsible party is
- Prepare to take your case to court if necessary
If you or a loved one has suffered an injury or wrongful death from a DFW motorcycle accident, let the experienced Dallas motorcycle attorneys help. We will communicate with the insurance companies and handle the lawsuit filing process so you can focus on your recovery.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Texas?
Texas generally gives a person two years after a personal injury claim accrues to file a lawsuit. Texas law also generally provides a two-year statute of limitations period for an action involving an injury that led to the death of the injured party.
However, the two-year rule should not be treated as an absolute deadline for every situation. Exceptions can change how much time is available, and claims involving government entities can have separate notice requirements that may arise much sooner.
Because the applicable deadline depends on the circumstances, it is important to have the accident reviewed promptly rather than assuming a particular date applies.
The Hernandez Law Group, P.C. can help you review your options and act before the statute of limitations is up for your accident. We help preserve and show evidence that supports your claim, ensuring that you get the compensation you deserve. Contact us today to schedule your free consultation.
Dallas Motorcycle Accident FAQs:
There is no standard value for a motorcycle accident claim. Factors can include the seriousness of the injuries, medical expenses, future treatment, lost income, long-term limitations, available insurance coverage, evidence of fault, and how the injuries have affected the rider’s daily life.
You may still have options. Uninsured or underinsured motorist coverage may apply depending on the insurance coverage, evidence of fault, and how the injuries have affected the rider’s daily life.
Possibly. A single-vehicle crash does not always mean the motorcyclist was responsible. Another driver may have caused the rider to take evasive action without making contact. A dangerous road condition, defective motorcycle component, or negligent repair may also contribute to the crash.
You should be cautious. An insurance adjuster may ask for a recorded statement or information about your injuries soon after the accident. You may need to cooperate with your own insurer under the terms of your policy, but you can speak with an attorney before providing detailed statements to another party’s insurance company.
A passenger may be able to pursue a claim when another person’s negligence caused the crash. Depending on the circumstances, that could involve another driver, the motorcycle operator, or another responsible party.
Hernandez Law Group, P.C. handles personal injury cases on a contingency basis. Our clients do not pay an upfront attorney fee, and the attorney fee is collected only when our attorneys obtain a recovery for our client.
Speak With a Dallas Motorcycle Accident Lawyer
A serious motorcycle accident can affect your health, your ability to work, and your family’s finances. You do not have to navigate the insurance and legal process by yourself.
Hernandez Law Group, P.C. represents injured motorcycle riders and families throughout Dallas and the DFW area. Contact our motorcycle accident attorneys today to schedule a free consultation and discuss your motorcycle accident claim.
