In the weeks and months after your uninsured motorcycle accident, you may experience many things, including hospital stays, emergency care, and managing car repairs, which all may result in lost time spent at work. The longer the recovery process takes the more significant the impact on your ability to function, the more difficult the entire process might be. There are steps that you can take to seek recourse to help you get your life back on track.
One of the options available to you is to file a civil lawsuit against the uninsured driver, either on your own or with the help of an uninsured motorcycle accident lawyer serving Sugar Land.
While there are not any guarantees of the outcome of a civil lawsuit, it is an option that you have available to you in the event that you are not able to resolve your claim with the driver’s insurance company. Contact D. Miller & Associates, PLLC™ at (713) 850-8600 to schedule a consultation with a member of our team to learn more about the processes.
Understanding Automobile Insurance
According to the Texas Department of Insurance (TDI), the state of Texas requires drivers to prove that they are able to pay for any accidents that they cause. This can come in the form of:
- Auto liability coverage: Auto liability coverage is the most common type of auto insurance that people living in Texas use to comply with the state’s laws regarding liability. There are different levels of auto liability coverage, and some drivers opt for better coverage at a higher premium rate. When most people refer to an “uninsured” driver, it typically means that the responsible driver does not maintain an active auto liability coverage plan.
- Comprehensive insurance coverage: For new cars still financed, it is possible that the lender will require the borrower to carry comprehensive insurance coverage that covers more types of accidents and circumstances than traditional auto liability coverage offers.
- Personal injury protection coverage: Personal injury protection is an added insurance coverage that pays for medical bills and lost wages.
This list highlights just some of the types of auto insurance policies that drivers have in place to comply with Texas state driving regulations. There are other types of insurance plans that can provide even more coverage.
Unfortunately, some drivers do not have the auto insurance plans that they should as a minimum to protect you and other victims in the case of a motorcycle accident. In other cases, the responsible driver might not have enough insurance coverage in place for all that is necessary. Whether you face an uninsured driver or an underinsured one, taking civil action is one way you can respond.
The law enforcement officials that arrive at the scene of your motorcycle accident will document the scene, collect information about the drivers, and determine liability. While there are many cases where the police officers correctly assign liability and there are cases where the person who caused the accident is incorrectly identified in a police report.
If this is the case, you could try to correctly assign the liability during a civil case, where you show evidence from the accident scene that supports your claims. If you work with an uninsured motorcycle accident lawyer on your case, they can help you.
Settlement vs. Trial
There are two positive outcomes that may result from a civil court case: achieving a settlement offer or a courtroom verdict. In many cases, your lawyer may encourage you to negotiate and accept a fair settlement offer. If you do not like the initial offer, it is possible to negotiate it to an amount you believe is fair.
Sometimes it is not possible to reach a fair settlement, and pursuing your case in court is necessary. Your legal team is well prepared to represent you over the course of your case.
Lost Wages and Workdays
A motorcycle accident might cause more than injury and damage to your vehicle. There are also other considerations that can impact your ability to thrive. This includes lost wages or days out of work due to your accident, lack of access to a working vehicle, or time spent in the hospital.
In a worst-case scenario, your accident could cost you your current job or affect your ability to work in the career that you have experience in. Contact D. Miller & Associates, PLLC™ at (713) 850-8600 to learn more about your legal options and for assistance from an uninsured motorcycle accident lawyer serving Sugar Land.
Possible Long-Term Considerations
According to the National Highway Traffic Safety Administration (NHTSA), recovering from injuries caused by a motorcycle accident can require serious treatment, sometimes in the form of care from a trauma center or hospital emergency room.
In the event that you need ongoing care, in terms of skilled nursing care or physical therapy, you will need to consider how that may impact your life over the long term. It is too easy to get caught up thinking about your more immediate needs without thinking about what happens as a result of your injuries a year from now. Your legal team can help walk you through discussions about the most common injuries and long-term considerations to remember in your legal requests.
Seeking Legal Action
It is your decision to seek legal action or not. No legal team should pressure you into taking action that you do not want to. However, in some cases, taking legal action might be your only option, especially if you face a long road to recovery. You do not have unlimited time available to pursue your legal case, as you will need to do so before the statute of limitations expires.
Contact Us to Schedule a Consultation
To learn more about your legal options, schedule a consultation with the office of an uninsured motorcycle accident lawyer serving Sugar Land today. Contact D. Miller & Associates, PLLC™ at (713) 850-8600 to speak with a member of our team. We can answer any questions you may have about the possible legal process and what to expect.
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