Motorcycle Accident Lawyer in Killeen, Texas

COMMON CAUSES OF MOTORCYCLE ACCIDENTS  

Unsafe Lane Changes

When a driver fails to check his or her blind spot when changing lanes, he or she risks hitting another vehicle.

Car Doors

When a driver opens a door from inside a parked vehicle, they may fail to notice an oncoming motorcyclist who ends up hitting the door.

Read More: Killeen Car Accident Attorneys

Speeding

When a driver travels at a high speed, he or she is less likely to react in time to prevent a crash with a vehicle in front of him or her.

Sudden Stops

A driver who stops abruptly rather than gradually can increase the likelihood that the vehicle behind them will not react in time fast enough to prevent a crash.

COMMON INJURIES IN MOTORCYCLE ACCIDENTS   

• Scrapes and cuts
• Head injuries
• Broken bones
• Internal bleeding
• Herniated disc

WHAT TO DO AFTER A MOTORCYCLE ACCIDENT  

1. Collect Evidence  

If you are able, be sure to take as many pictures of the scene of the accident as possible.  Take photographs of the scene from various angles. Not only should you take photographs of the scene itself, but you should also take photographs of your motorcycle and the other vehicle or vehicles that were involved in the accident.  If you are able to tell which part of the other party’s vehicle hit your bike, take pictures of that part.  Besides taking photographs, ask the parties involved in the accident for their driver licenses and jot down their names and addresses. If there were witnesses at the scene of the accident, you should ask them for their names and telephone numbers.  Notify the police of the accident so that an officer can make a report of the accident.

2. Get Medical Attention

Even if you feel that you are fine, you should always seek medical attention after an automobile accident. Explain any symptoms you have to your doctor. Even if you do not have any symptoms, ask your doctor for an examination to see if there are any abnormalities in your body. Oftentimes, after an accident, your adrenaline can mask pain, which can later emerge if not properly treated. Furthermore, not finding out about symptoms right away can hinder you if you decide to file a lawsuit or a claim with an insurance company. For instance, if you do not go to a doctor in a reasonable time after an accident and later develop neck pain, you may face blowback from an insurance adjuster who will say that the neck pain was not the result of the accident.

3. Make an Insurance Claim  

You may file an insurance claim with your own insurance company or the other party’s insurance company. If you decide to file a claim with your own company, your insurance company will generally send you some documents that ask you to estimate the amount of damages you incurred. Because your insurance company has a duty to treat you fairly, you may receive a reasonable settlement.

If you decide to file a claim against another party, you will need to contact the other party’s insurance company. Unlike your own insurance company, however, the other party’s insurance company has no need to be fair when dealing with you. As a result, it will likely try to lowball you or try to drag negotiations for as long as possible to not have to pay you at all. Thus, you should seek advice from an experienced lawyer if you decide to file a claim with another party’s insurance company.

Learn More: How to Negotiate with an Insurance Company

4. Speak with an Experienced Lawyer

Whether you decide to file a claim with another party’s insurance company or file a personal injury lawsuit against the other party, we recommend that you speak with an experienced Killeen lawyer. An experienced lawyer can give you advice on how to deal with an insurance company and help build your case if you decide to file a personal injury lawsuit.

Learn More: Why Hiring a Lawyer Will Help Your Case

SAFETY TIPS FOR MOTORCYCLISTS  

Check Your Motorcycle Before You Ride

Before you begin to ride your motorcycle, be sure to check the motorcycle’s tires, brakes, headlights, and signal indicators.  See if there are any gas or leaks.  If you happen to have cargo, secure it tightly, and, if necessary, adjust the suspension and tire pressure to compensate for the extra weight.

Be Alcohol and Drug-Free 

Though it may be obvious, consuming alcohol and drugs before operating a motor vehicle can raise the likelihood of a fatal accident.  If you are on prescription medication, do not operate your motorcycle until you know the full extent of the side effects your prescription medication may have on your mental and physical faculties.

Obey the Rules of the Road  

Because motorcycles take up less space on the road and are easier to maneuver than regular automobiles, the inclination to weave in and out of traffic is strong.  However, just because you can does not mean you should.  Performing movie stunts on public roadways only raises the likelihood of an accident.  Be sure to obey traffic lights, speed limits, and lane markings.

Ride Defensively  

Many motorcycle accidents occur because other drivers did not see the motorcyclist. Thus, ride defensively. One way to do so is to keep your motorcycle’s headlights on while riding. Even during the day, keeping your motorcycle’s headlight on is advisable as it will increase your visibility. Riding defensively, of course, is not only to protect yourself from other drivers, but also to protect others as well. When at an intersection, yield to pedestrians and other vehicles.

Wear Protective Equipment  

Wearing a helmet can be the difference between life and death in a motorcycle accident.  Always be sure to wear a helmet while riding your motorcycle.  However, you should not just wear any helmet.  Check to see that the helmet meets the U.S. Department of Transportation’s safety standards.  You can see if your helmet meets the safety standard by looking for the Department of Transportation logo on the outside back of the helmet.  Helmets are not the only protective gear for motorcyclists.  Because protecting your arms and legs are important, wear clothing with tough fabric such as denim or leather.  You should also consider wearing bright clothes because such clothes will help your visibility.  Gloves that provide a good grip and boots that cover your ankles are also strongly recommended.

POSSIBLE COMPENSATION FROM A MOTORCYCLE ACCIDENT CLAIM

Compensation is provided for economic losses and non-economic losses.

Economic losses include the following:

• Past and future medical bills
• Past and future lost wages
• Damaged property
• Past and future loss of earning capacity

Non-economic losses include the following:

• Past and future emotional anguish
• Pain
• Loss of enjoyment of activities
  

Texas courts use a modified comparative fault rule when it determines how much compensation a victim receives.  If an injured victim was 51% or more at fault for an accident, then he or she cannot recover compensation.

However, if the victim is found to be 50% or less at fault for the accident, his or her compensation will be reduced by the percentage of fault. For instance, if the jury awarded you $100,000 in compensation but also found that you were 50% at fault, then the actual amount of compensation you will receive will be $50,000.

In Texas, you may also be entitled to punitive or exemplary damages.  This is compensation that may be provided to you to punish the at-fault party for its conduct.  It is generally awarded when the at-fault party’s behavior was especially egregious.  For instance, if the at-fault driver purposely drove recklessly on the road, the plaintiff may be awarded punitive damages.

Learn More: How to Calculate the Value of Case

HOW LONG DO I HAVE TO MAKE A CLAIM?

In Texas, you must file a personal injury claim within two years of the injury. You must file before the statute of limitations expires because courts are unlikely to hear your claim if you file past the deadline.

CONTACT A KILLEEN MOTORCYCLE ACCIDENT LAWYER

The experienced attorneys at Zinda Law Group may be able to help you with your personal motorcycle accident claim.  After you are injured in an accident, you shouldn’t have to worry about affording legal representation, which is why we work on a contingency fee basis. You don’t owe us anything unless we win your case.  That’s our No Win, No Fee Guarantee.

Call us today at (800) 863-5312 for a free consultation with one of our Killeen motorcycle accident lawyers. 

Meetings with attorneys by appointment only.