Why You Need A Houston Motorcycle Accident Lawyer For Your Accident

The only problem is when you get into a motorcycle accident; your destination is definitely going to be a hospital.

You are six times more likely to suffer a fatal injury riding a motorcycle compared to someone driving a car.

You have minimal protection riding a motorcycle. And if you’re in a high-speed accident, your helmet and safety gear won’t be much help either.

The problems are only beginning once you’re injured and facing other damages. So now you’re stuck in bed while you watch your hard-earned money zooming out of your bank account. 

Medical bills, lost wages, and property damages will quickly add to your stress pile. On top of that, you have to deal with insurance providers trying to lowball or deny your claim.

Don’t worry! You’re injured, but you’re not helpless. You need an experienced Houston motorcycle accident lawyer to fight for your rights. You need someone who can totally eliminate the stress of a legal process and give you the space to recover peacefully.

Our experienced personal injury lawyers here at Wyly & Cook are passionate about helping motorcycle accident victims get the compensation they deserve.

Why Hire a Houston Motorcycle Accident Lawyer?

You may wonder – “What’s the point of spending more on a lawyer when I’m already struggling with so many bills?” 

The truth is – there’s an army of lawyers helping insurance providers who are fighting to avoid paying your bills. So shouldn’t you have a lawyer who knows their tricks fighting for you to get you fairly compensated?

But there are many steps and opposing forces between you and the compensation you’re seeking. 

Here’s how an experienced motorcycle accident attorney can help you through every step of this process:

• Ensuring you get proper short-term and long-term medical care if needed.
• Leading a detailed investigation into your accident.
• Gathering critical pieces of evidence to support your claim.
• Reach out to eyewitnesses to officially testify and support your case.
• Consulting accident reconstruction experts
• Reviewing your insurance claim and dealing with the insurance agents on your behalf. 
• Leading negotiations to get you the highest possible settlement.
• Filing a lawsuit if necessary and taking charge of the entire legal process in court. 

Motorcycle Accidents in Houston

Houston is one of the most dangerous cities for motorcyclists in the country. According to the Houston Chronicle, drivers and pedestrians are 40% more likely to die in Houston compared to LA. 

We discovered some shocking statistics investigating the dangers motorcyclists face on Houston roads:

• Over 10,000 motorcycle accidents happen every year.
• Between 500-600 riders and passengers are killed in motorcycle accidents every year.
• 52% of bikers killed were not wearing their helmet.
• Over 2,100 motorcycle riders suffer severe injuries in accidents every year.
• Even though only 2% of people ride motorcycles in Texas, motorcycle deaths make up 13-14% of fatalities in road accidents.

Unfortunately, no statistics are available to capture the pain and suffering that follows you after a motorcycle accident. 

If you’ve been in a motorcycle accident, here are some important steps to take to take care of your health and build your claim:

• Move to the side of the road to ensure you’re out of the way of any incoming traffic.
• Call the Houston police department immediately to report the accident. They’ll dispatch medical authorities to get everyone involved in the accident the necessary medical care. They’ll also provide a detailed accident report documenting evidence that’ll help support your claim later.
• Keep track of all your medical expenses, property damages, lost wages, or any other miscellaneous expenses.
• Start following the recommended treatment given by your doctor right away. 
• Consult an experienced Houston motorcycle accident lawyer and file an insurance claim or lawsuit if needed.

Factors Affecting the Worth of a Motorcycle Injury Case

“What is my claim worth?” 

That’s the first question on your mind when you’re filing a personal injury claim. Unfortunately, there’s no straightforward answer to it because there’s no one-size-fits-all settlement. 

You need to answer these FIVE questions before you can answer what’s the worth of your motorcycle injury case:

1. How severe are your injuries and damages?
   Putting a number to your compensation amount without an official medical evaluation is impossible. You must provide pictures, videos, test and scan reports, and a doctor’s evaluation of all your injuries.You must capture photos and videos of any property damages you’ve suffered to make a claim.
2. How clearly can you establish liability of the party at fault for the accident?
   Texas relies on a comparative fault system to establish liability. So if you share part of the responsibility for the accident, it will weaken your compensation claim. Therefore, your compensation directly depends on your degree of liability.The weaker your evidence for proving it was the other driver’s fault, the smaller your compensation will be. It doesn’t matter if your damages are high. The defending parties may be inclined to go ahead with a trial when they see how weak your case is. In fact, they may pressurize you to accept a low settlement.
3. What kind of insurance coverage do you and the parties involved in the accident own?
   Most motorcycle accident settlements are within the liability limits of the driver at fault. However, a lawsuit can get you a better settlement beyond their insurance liability limits, especially in case of severe injuries and damages.You may also opt for your own uninsured motorist coverage if the driver at fault is uninsured or underinsured.
4. How transparently and efficiently have you documented your expenses to justify your claim?
   Insurance claims and injury lawsuits need something more powerful than word-of-mouth statements to prove. So start documenting every expense from the moment you get into a motorcycle accident.Request for official receipts for everything. It could include ambulance expenses to hospitalize you, your treatment and medical bills, rehab therapy costs, property repair costs, or any other miscellaneous fees. Just make sure there’s a paper trail for your whole recovery process.
5. How strong and experienced is your legal representation?
   Many motorcycle accident victims face an interesting dilemma. They get lowballed with a poor offer even if they have appropriately resolved the first four questions. On the other hand, you can walk away with a comfortable settlement just by resolving the last question. An experienced Houston motorcycle accident lawyer will help you with all the other questions.You’ll even be able to get better compensation for claims that are harder to prove, but may have long-term effects such as claims for pain and suffering, mental anguish, loss of earnings, disabilities or scarring, etc.Call us for a FREE case review and we’ll help you find out what your case is worth upfront.

Common Causes and Injuries of Motorcycle Accidents

You face more unpredictable dangers when you’re riding a motorcycle than driving a car. It feels like your senses are super alert to catch them all when you’re having an adrenaline rush, but one little miss can cost you dearly.

Let’s explore some of the most commonly reported causes of motorcycle accidents in Houston: 

Car doors – There’s no way to predict when a parked car on the road will open its door. A car may get away with a minor bump, but you may get thrown off your motorcycle. In cases like this, you hardly have any time to dodge the door either. 

Blind spots and lane-changing violations – Car and truck drivers often merge into traffic lanes with motorcycles carelessly without signaling. Since motorcycles are smaller vehicles, they are often hidden from the view of drivers until it’s too late. Drivers that don’t check their blind spots consistently may end up sideswiping the motorcycle rider, rear-ending it, or pushing it off the road.

Reckless driving or distracted driving – Speeding, road raging, texting and driving, or other negligent driving methods are among the biggest causes of motorcycle accidents. 

Drunk driving – Did you know motorcycle riders are involved in more fatal drunk driving crashes than victims driving cars or trucks? You have a solid claim to make if the driver at fault was intoxicated when the accident happened. 

Poor Road Conditions – Motorcycle steering is a lot more sensitive than steering a car. You’ll barely feel a bump when you’re in a car driving through an uneven roadway or some debris. However, you can quickly lose control of your motorcycle when you run into them. 

Excess gravel, slippery roads, lack of guardrails, grooved pavements, unmarked speedbumps, and lack of proper lighting and signage can all be enough to trigger a catastrophic motorcycle accident. 

Bad Weather – Motorcycles are highly prone to skidding during rains or snow. Rain, fog, and snowfall can dramatically impact your visibility. High-speed winds can easily destabilize your motorcycle too.

Vehicle Malfunctions – A manufacturing defect or malfunction in your motorcycle or the vehicle of the driver at fault can also lead to a serious accident. 

Motorcycle Accident Injuries You Can Include in a Claim

It only takes a few seconds for a motorcycle accident, but it can change your life. You can suffer various injuries that could debilitate you for months or be lucky enough to get away with a few scrapes and bruises. 

Here are some of the most common motorcycle accident injuries in Houston: 

Road Rash – These could be skin abrasions ranging from a minor scrape to severe rashes that get infected or cause nerve damage. Motorcyclists who wear protective leather clothing can often get away with minor scrapes.

Broken Bones –  Broken arms, legs, pelvis, and ribs are widespread injuries motorcycle crash victims sustain.

Traumatic Brain Injuries – Undoubtedly the most significant cause of motorcycle accident fatalities, traumatic brain injuries are hard to recover from fully. Survivors may often experience permanent paralysis or brain damage that takes away their abilities to do everyday tasks normally.

Neck and Spinal Injuries – These injuries can lead to chronic pain, nerve damage, and even paralysis. Whiplash can leave your neck and upper spine stiff and sore for weeks or months after the accident.

Your spine is as important as your brain when it comes to managing your bodily functions. Accident victims commonly report slipped discs or pinched nerves in their spines.

Abdominal Injuries – Many studies reveal that older motorcycle riders are at greater risk of abdominal injuries than younger riders. A harmless purple bruise on your abdomen could hide dangerous internal bleeding in your lungs, spleen, heart, liver, or other delicate organs. 

These injuries can deceive you when you look at them superficially. Therefore, you should get a medical check-up to get an X-ray or MRI done to confirm there’s no dangerous injury hidden from view.

Burns – If a gas tank of any vehicle involved in the crash explodes, it can lead to some catastrophic second to third-degree burns. They can lead to permanent scarring or severe infections if they’re not treated urgently.

Legal Requirements Regarding Wearing Helmets in Houston

Texas law legally requires all motorcyclists under 21 years of age to wear a helmet while riding their bikes. However, motorcyclists above 21 are not legally required to wear helmets if they have proof of medical insurance and proof of attending a motorcycle safety course. 

Whether you’re above or below 21 years of age, your head will be just as fragile. So it would be best if you prioritized your safety and well-being over everything else. Wearing a helmet can be the difference between sustaining a traumatic brain injury and a minor concussion.

Did you know traumatic brain injury cases increased dramatically after Texas laws about motorcyclist helmet requirements became more lenient in 2009?

If you weren’t wearing a helmet while getting into a motorcycle accident, you’re risking your life and your life insurance claim. 

Insurance companies will fight to push as much blame on you as possible to minimize your insurance payout. And not wearing a helmet is precisely the kind of ammo they’re looking for to shoot down your claim. They can argue that your head or facial injuries could easily have been prevented if you were wearing a helmet. 

However, the location of your injuries also plays a part in settling your motorcycle injury claim. For example, insurance providers can’t refute your claim so easily if you’re not claiming for any head injuries. 

Let’s say a car driver failed to yield while turning right at an intersection and caused the accident. You end up suffering a broken leg and some burns. Wearing a helmet clearly wouldn’t have prevented the injuries you suffered. So naturally, your injury claim won’t be affected. 

Lane Splitting and Its Legality in Texas

You may have never heard of lane splitting, but it can play an important part in your insurance claim review. If you’re accused of “lane splitting” or “white lining,” it means you were operating a motorcycle between rows of stopped or moving vehicles in the same lane. 

Lane splitting is banned in Texas under Section 545.060 of the Texas Transportation Code. All motorists are required to drive within a single lane. You may change lanes on a roadway that’s divided into smaller clearly marked lanes, but you can’t drive between them.

Any motorcyclist caught violating this law may be cited for speeding, unsafe lane changing, tailgating, or reckless driving. 

Evidence Required to Support a Claim of Injury

There’s no such thing as too much evidence when it comes to an injury claim. You need to accurately document the timeline and details of your injuries and damages, from the time the accident happened to the time you file your claim. It’s easy to do it yourself when you got away without any severe injuries, but it’s almost impossible if you’re bedridden or struggling with severe injuries. 

Our team of expert motorcycle accident lawyers here at Wyly & Cook know how overwhelming this process can be. We believe in compassion, clarity, and compensation. And it begins right from your first phone call. Your lawyer will take charge of the evidence gathering process and leave no stone unturned to build a bulletproof claim.

Without it, it’s impossible to prove the negligence of the driver at fault and win your claim. 

So let’s take a look at the essential pieces of evidences that will add up to build a strong injury claim:

Proving negligence of the driver at fault – Write down all the details you can remember about the negligent actions of the driver who caused the accident. Then, start gathering all the evidence to back up your allegations. 

Here are a few common examples of negligence to make a note of:

• Driving beyond the speed limit at the time of accident
• Changing lanes or turning without proper signaling
• Driving while intoxicated
• Distracted driving
• Driving while they were tired
• Tailgating
• Failing to stop at a red light or follow a stop sign
• Not maintaining the vehicle they were driving

Evidence of injuries and damages – Take pictures and videos of the accident scene, including the vehicles involved, injuries and property damages sustained.

Seek medical attention immediately to officially get diagnosed and treated for your short-term and long-term injuries.

Do make a note of any other conditions that could have contributed to the accident like poor road conditions, bad weather, traffic, etc. 

Police report – It’s best to call 911 to get an official detailed accident report from a trusted neutral authority.

They’re trained to capture every little detail and get more information from all the parties involved in the accident. It’ll help strengthen your claim significantly.

Witness statements – Your police accident report may contain eyewitness statements, but it’s good to have their contact information handy. They can testify to make your claim stronger if needed.

Documenting expenses – Keep a copy of all your medical expenses, treatment and rehab costs, along with lost wages or other miscellaneous expenses. It’s almost like keeping a post-accident diary.

Dealing with Insurance Companies 

It’s important to set your expectations straight while approaching your insurance company after a motorcycle accident. 

They may appear to be your shield against bad times. But a lot of times, they’re the ones who make the bad times worse. Insurance companies run like any other business. Naturally, they prioritize their profit over paying out your claim. 

So, you can’t let your guard down when you call your insurance company. While you try to share your pain and suffering, insurance agents are trying to catch any statement that can be used against you. Your words cost you a lot if you don’t present your claim properly. 

They’ll lowball you and make it seem like it’s the best offer you’ll ever get. Or, they may even keep delaying or flat out deny your claim using some vague and confusing reasoning. They know you’re stressed and desperate to get compensated after your accident.

Remember – once you accept their offer and sign the agreement they send you, you’re agreeing to settle your claim once and for all. You won’t be able to seek any more compensation once you realize you made a mistake and needed more coverage. It’s too late for even a lawyer to help you unless your insurance provider engaged in some bad faith practices. 

5 Secrets No Insurance Company Wants You to Know

Here are five secrets that your insurance agent doesn’t want you to know when you file your injury claim:

1. They fix an estimate compensation for your case as soon as you file a claim. Without even evaluating the merits of your case? That’s right! Their company compels them to allocate a particular sum to cover your claim in case they have to approve your payout. All their negotiation is then focused on convincing you to take an offer lower or equal to this amount. 
2. They use social engineering to initially comfort you so that you slip up and share some detail they can use to hurt your claim.
3. They don’t want you to know what the limits of their policy are, or if the driver at fault owns additional coverage that can be used to cover your losses. 
4. They are closely studying your social media activity and may even be observing your daily activity by hiring a private investigator for some time. They’re try to document any evidence possible to prove your quality of life hasn’t been deeply impacted by the accident. 
5. They don’t want you to hire a lawyer because they know , you are likely to get over two and a half times more in your pocket than what you would without a lawyer. 

You won’t have to go through this struggle if you call our expert team of personal injury lawyers before calling your insurance agent. You won’t have to stress about their tricks and deceptions. So you just relax and focus on recovering with your loved ones. 

A recent study led by insurance providers shows that accident victims represented by a lawyer can get 2.5 times more compensation than victims who do it all alone. 

We’ll take charge of gathering evidence, assessing damages, filing a claim, negotiating with insurers, and taking it to court to get you comfortably compensated. 

Blame and Compensation

Texas follows a modified comparative negligence standard for establishing liability in these cases. You can only seek compensation if you were less than 51% at fault for the motorcycle accident. 

The greater your fault for the accident, the lower your compensation will be. In fact, the amount will be lowered exactly by the percentage of fault you share for the motorcycle accident.

Let’s say the court awards a compensation amount of $100,000 for the claim. However, it also finds that you shared 25% of responsibility for the accident. Therefore, you’ll only be entitled to $75,000. 

Statute of Limitations and Contingency Fee Basis 

Time is of the essence in personal injury lawsuits. Your bills are only going to keep piling up after your accident. You may end up sinking deep into debt if you don’t get compensated when you need it. 

Fortunately, you have up to two years from the time of your accident to file a personal injury claim in Texas. You lose your right to seek compensation if your miss this deadline. 

However, there are a few key exceptions to this rule that allow you to file a claim even if you’ve crossed this time limit:

• If the victim is a minor or of unsound mind at the time of the accident. 
• If the driver at fault leaves the state of Texas before you file a lawsuit, their period of absence won’t be counted as part of the legal deadline period.

That covers everything you need to know before filing your motorcycle accident injury claim. But you may be still hesitating to call our team of lawyers because you’re wondering – “How can I cover months of legal fees when I can’t even cover my medical expenses?”

You don’t need to pay us anything till you win. Wyly & Cook offers a “no win, no fee” policy that guarantees you only pay us when we win your case. 

So call us NOW for a FREE case review and let’s get the ball rolling to win you the compensation you deserve.

Frequently Asked Questions 

What are the benefits of hiring a Houston motorcycle accident lawyer?

What should I do after a motorcycle accident in Houston?

What factors affect the worth of a motorcycle injury case?

What are the common causes and injuries of motorcycle accidents?

What are the legal requirements regarding wearing helmets for motorcyclists in Houston?

What is lane splitting, and is it legal in Texas?

What evidence is required to support a claim of injury due to another person's negligence in a motorcycle crash?

Should I engage with insurance companies on my own after a motorcycle accident?

Can I recover compensation if I am blamed for the motorcycle accident?

How long do I have to file a motorcycle accident lawsuit in Texas, and how do motorcycle accident attorneys charge for their services?

Ready to Take the Next Step? Let’s Get You Compensated

An experienced Houston motorcycle accident lawyer knows all the tricks insurance companies play and how to make your claim legally undeniable. We will help you get the compensation you need when you need it the most. 

Whether it’s for medical expenses, treatment, lost wages, or pain and suffering, our team here at Wyly & Cook guarantees you’ll get the care and coverage needed to fast-track your recovery. 

Don’t worry about paying us. We work on a contingency fee basis, which means we only get paid when we win your case.