Texas auto insurance laws require all drivers to have a minimum amount of liability coverage if they cause an accident with injuries. When an accident involves a motorcycle, the biker may suffer devastating injuries. If this happened to you, a motorcycle accident lawyer in Baytown can help you file an insurance claim or a personal injury lawsuit to hold the at-fault driver responsible for your physical, emotional, and financial damages.
The injury accident team from D. Miller & Associates, PLLC, can help motorcycle accident victims get the compensation they need and deserve after another motorist causes a crash. We offer free case reviews and consultations and can answer your questions about your right to compensation. Call us today at 713-850-8600 to learn more.
Damages Available in a Baytown Motorcycle Accident Claim or Lawsuit
We can request a full range of damages to compensate you for your losses and make up for the pain and suffering you went through as a result of your wreck. The value of your case is impossible to predict without a full investigation, but we can give you a good idea of the types of damages you may be able to recover after our initial consultation. Generally, serious injuries—such as traumatic brain injuries or spinal cord damage—qualify for higher settlements.
Commonly, damages we can recover for clients include:
- Care expenses, including ambulance transportation, hospitalization, and follow-up care;
- Rehabilitation and physical therapy;
- Any necessary ongoing care costs;
- Future care costs, such as additional surgery or equipment;
- Repair or replacement of your damaged motorcycle;
- Other property damage, including your helmet and other safety gear;
- Lost wages, both current and future if you cannot return to work;
- Pain and suffering damages; and
- Wrongful death damages, if a family member died in a crash.
The Texas Motorcycle Accident Insurance Claims Process
The Texas auto insurance scheme is fault-based. This means the driver who caused the crash is legally liable for paying for the damages. The state also requires all motorists to have a minimum amount of auto liability insurance coverage. It is the driver’s auto liability policy that pays out if you suffered injuries in a crash.
In most cases, we can file an insurance claim based on the driver’s liability policy and settle these cases without having to file a lawsuit. To win this type of claim, we must convince the insurance company that its policyholder is responsible for causing the crash.
We complete a full investigation into every motorcycle accident case we handle. We collect evidence and prove negligence by confirming four elements:
- The driver had an obligation to follow traffic rules and exercise reasonable care while driving;
- They failed to uphold this obligation, broke the law, or acted unreasonably;
- Their behavior caused the accident and your injuries; and
- You suffered damages in the crash.
We do not file an insurance claim until we feel confident we have a strong enough case to win the compensation you deserve. Once we have access to all available evidence and understand what a fair settlement looks like in your case, we will demand a payout.
Thanks to the strength of the case we built, the insurance company will often agree to negotiations. Eventually, many insurers agree to a fair settlement based on the accident-related damages. This protects the insurance companies from paying much more in court costs and attorney’s fees and still facing the possibility that a judge awards you compensation.
While it is rare, sometimes an insurance company will refuse a fair payout, and we will need to file a personal injury lawsuit. When this occurs, we will represent you in court and fight for the full compensation you deserve. A jury will decide fault, and a judge will award damages if we win.
Taking on the Insurance Company After a Texas Motorcycle Accident
Some people try to handle their accident claims on their own. While this is possible, it is not what we recommend. Insurance companies portray this as a simple process. The insurer in your case may even call to check on your condition and promise that you will have a check in your hand in only a few days. This comes across as caring, but it is an effort to reduce the amount the company has to pay you.
When we work with a motorcycle accident victim, we recommend they do not talk to the at-fault motorist’s insurance company for any reason. This cannot help your case. It only gives the insurer more reasons to reduce the value of your claim or deny it outright.
A quick settlement agreement may seem like a great idea when you are not sure how you will manage your medical bills and your monthly expenses while you are out of work. However, a quick settlement could leave thousands of dollars on the table and force you to pay for your future care costs yourself.
You should not settle until you have all the information, understand the full scope of your injuries and necessary treatments, and know what a fair settlement looks like in your case. We can help you understand if the deal the insurance company offers is a good one, and protect your right to fair compensation.
We handle all communication with the insurance company and its adjusters, reducing the reasons it may use to deny your claim. We also aggressively pursue the compensation you deserve by negotiating a fair settlement or filing a lawsuit. We can often recover a significantly higher payout for our clients than they would receive on their own—even after subtracting our fees.
Talk to a Motorcycle Accident Lawyer in Baytown About Your Accident
The attorneys from D. Miller & Associates, PLLC, will fight for the full compensation you deserve after suffering injuries and other damages in a Baytown motorcycle crash. We offer complimentary consultations and handle these cases on a contingency basis. You pay us no attorney’s fees unless we recover the money you deserve.
Call us today at 713-850-8600 for your free case evaluation.