Each year, motor vehicle accidents take the lives of tens of thousands of people and injure millions more. Any collision can have serious consequences, but those involving motorcycles carry a higher risk for severe or fatal injuries.
According to the National Highway Traffic Safety Administration (NHTSA), in 2018, there were nearly 5,000 fatalities involved in motorcycle accidents.
It takes only a moment of distraction or inattention for a driver to cause an accident with a motorcycle, and victims often suffer long-term effects as a result of their injuries. If a driver hit you on your motorcycle and you learned that they did not have insurance to cover your losses, an uninsured motorcycle accident lawyer serving Beaumont can help you determine if you still have options for pursuing financial recovery.
Contact D. Miller & Associates, PLLC™ today at (713) 850-8600 to discuss your case with our legal team.
Motorcyclists Have a Higher Risk of Suffering Injuries
The unenclosed nature of motorcycles makes their riders more susceptible to suffering injuries in the event of an accident. The Insurance Information Institute (III) highlights the factors that make motorcyclists vulnerable on the road, which include:
- Decreased visibility to other drivers due to their size
- Less stability than four-wheeled vehicles
- Specialized skill set required for operation
- Increased likelihood of an accident due to bad weather or road conditions
Texas has a motorcycle awareness campaign warning drivers to “Share the Road: Look for Motorcycles.” Unfortunately, drivers do not always take the simple steps that can prevent an accident and potentially save a life, such as checking blind spots before switching lanes, giving motorcyclists room on the road, and looking twice at intersections.
If the negligence of a driver caused your motorcycle collision and they did not carry insurance to cover your injuries, an uninsured motorcycle accident lawyer serving Beaumont can help you determine the next step to take in seeking financial recovery.
Determining Fault in Your Uninsured Motorcycle Accident Case
In order to establish that the other driver caused your accident, you or an attorney must first prove that their actions constituted legal negligence, which consists of four specific criteria.
- The driver had a duty of care to protect your safety on the road.
- The driver breached their duty of care either intentionally or by failing to act when necessary.
- The driver’s breach of duty led to your injuries.
- Your injuries resulted in damages.
Typically, insurance companies, law enforcement, and lawyers launch their own investigations to determine fault in an accident, so you may find it challenging to prove negligence on your own. An attorney can assist you through this process. Contact the legal team at D. Miller & Associates, PLLC™ today at (713) 850-8600 to discuss your case with you.
Gathering Evidence to Strengthen Your Claim
Documentation, statements, and other items from the scene of your accident and those involved with it can help you establish liability in your case. Some of the types of evidence that may strengthen your claim include:
- Photos and videos from the scene, particularly of debris, damage to vehicles, skid marks, and injuries
- Eyewitness testimonies
- Police reports
- Medical records and bills
- Cell phone records
- Field sobriety tests
A lawyer can help you gather beneficial evidence to use in your case.
Filing a Claim with Your Own Insurance Company
As the Texas Department of Insurance (TDI) emphasizes, residents must have minimum amounts of certain auto insurance policies to drive legally in the state. They include $25,000 in property damage liability and $30,000 per person ($60,000 per accident) in bodily injury liability. Drivers can also choose to add extra coverage types and amounts, and some even come standard with policies unless the driver officially requests not to have it. For instance, insurance companies must offer uninsured and underinsured motorist protection to all policyholders, and if they choose not to take it, they have to put it in writing.
If you live in Texas and have not denied uninsured motorist coverage, you have the option to file a claim with your own insurance company to pursue financial recovery for your injuries. If you decided against this option, you might still have another opportunity to seek awards.
Pursuing Legal Action Against the Liable Driver
If the driver who hit you did not have insurance and you do not have a policy that covers your own injuries and property damage, you can file a lawsuit against the driver for these and other financial losses, such as lost wages for the time you missed at work and loss of future wages if your injuries prevent you from returning to your job. Unfortunately, uninsured drivers do not usually have the funds to provide adequate recovery for their victims.
In certain cases, a judge can put a lien on the liable party’s property or assets so that they must legally provide you with a portion of the profit if they sell them. However, that approach does not typically yield immediate results, as the driver does not have to sell their property within any given time frame.
An uninsured motorcycle accident lawyer serving Beaumont can help you determine the next steps for seeking financial recovery.
Texas Statute of Limitations on Uninsured Motorcycle Accident Claims
You may have the option to file a claim or lawsuit in your uninsured motorcycle accident case, but Texas has statutes of limitations, or legal time frames, that restrict how long you have to do so. The statute varies based on the type of legal action you take, but victims seeking personal injury or wrongful death benefits generally have two years to settle a claim or file a lawsuit. A lawyer can determine the statute that applies to your case and get started on your case as soon as possible.
Contact D. Miller & Associates, PLLC™ Today
At D. Miller & Associates, PLLC™, our attorneys understand the physical, emotional, and financial toll motorcycle accidents often have on victims and their families, and discovering that the driver who hit you on your motorcycle did not have insurance may have felt insurmountable.
You may still have options to pursue financial recovery, and we can help you explore your opportunities, gather the information that you need, and seek fair financial awards. Contact us today at (713) 850-8600 to speak with our legal team about your case.