In Texas and other states, many people think of motorcycle drivers as careless and reckless, but all too often it is other motorists who act unreasonably and cause a crash. If a careless passenger car driver caused your wreck, a motorcycle accident lawyer in Cypress, TX, can help you take legal action. You might be able to hold the negligent driver liable for your accident-related expenses and losses.
The personal injury team from D. Miller & Associates, PLLC, knows how to handle motorcycle accident claims. We might be able to build a strong case against the driver of the passenger car who caused your crash. We offer free case evaluations and will handle all aspects of your case for you.
Available Damages in a Successful Cypress Motorcycle Accident Case
The goal of filing a third-party liability insurance claim or a personal injury lawsuit after a motorcycle accident is not only to hold a negligent driver of the passenger car accountable. Our aim is also to recover compensation to help you pay for your accident-related expenses and make up for your other losses. While each case is different, some of the most common economic damages our clients suffer in a motorcycle accident include:
- Medical treatment costs;
- Rehabilitation and therapy expenses;
- Ongoing care costs, if necessary;
- Lost wages and diminished earning capacity;
- The cost to repair or replace your motorcycle;
- The price to replace your helmet, accessories, and other damaged property; and
- Miscellaneous out-of-pocket expenses.
In addition, they also suffer non-economic damages. The most common non-economic losses are:
- Physical pain and emotional suffering;
- Mental anguish; and
- Other emotional losses.
If your loved one died in a fatal motorcycle crash, you might be able to pursue wrongful death damages. Only certain relatives are allowed to sue for wrongful death, so contact us for more information about how to move forward.
When we handle a motorcycle accident case, it is these damages we fight to recover. When accident victims try to handle this type of claim on their own, they often overlook many of their expenses and settle for a much smaller payout than they deserve. For this reason, we encourage you to give us a call and let us review your case for free before you sign anything or cash a check from the insurance company.
How Negligence and Liability Work in a Cypress Motorcycle Accident Claim
All personal injury cases require us to prove the at-fault party acted negligently before we can hold them liable for your injuries and other damages. In a motorcycle or other vehicle crash, this means we need to prove:
- The passenger car driver had a duty to drive in a careful and lawful way;
- They failed to do so;
- Their actions led to your crash and the injuries you suffered; and
- You suffered financial losses because of the accident.
We cannot win a payout on your behalf without a strong case demonstrating how the passenger vehicle driver acted negligently. During our initial consultation, we will consider whether this is possible. If so, we will begin to build our case against them.
Understanding the Motorcycle Accident Insurance Claims Process in Texas
If you enlist our help with your case, we will handle every step of the insurance claims process.
We Will Communicate With the Insurance Company.
If you are trying to handle an insurance claim on your own, it might seem like the insurance company cares about your well-being and wants to ensure you get a fair settlement. However, this is far from the truth. The insurance company is not on your side. If it is possible, a claims adjuster can use any information you provide against you. For this reason, we immediately take over all of the communication with the insurance company when we handle a personal injury case. This method allows us to protect your rights and ensure you remain eligible for full compensation.
We Will Investigate Your Accident.
We fully investigate every motorcycle accident case we handle. When we take on your claim, we will:
- Analyze the police report and other official documents related to the accident;
- Identify, collect, and analyze any other evidence;
- Review witness statements and conduct additional interviews;
- Survey the accident site;
- Review videos of the accident when available;
- Build a solid case we can use to fight for your compensation;
- Enlist the help of accident reconstruction specialists and other professionals; and
- Document your full range of related expenses and losses.
We Will File the Insurance Claim.
After we have a strong case to support our demand for compensation, we can approach the at-fault driver’s auto liability insurer with our claim. This process requires us to:
- Understand the range of a fair settlement value in your case;
- Draft and send a demand letter to the insurance company that outlines the case we built and our evidence against the policyholder;
- Aggressively work toward negotiating a fair settlement based on the facts of your case;
We Can File a Personal Injury Lawsuit, If Necessary.
If we cannot negotiate a fair settlement with the insurance company, we might need to file a personal injury lawsuit in civil court. Prevailing in a lawsuit would allow us to recover compensation we could not get through our negotiations with the insurance company.
It is essential to act fast in this type of case, however. State law only gives you two years from the date of the crash to file suit. We need time to build your case and take legal action before this statute of limitations runs out.
Talk to a Motorcycle Accident Lawyer in Cypress About Your Accident
If a passenger car driver caused your Cypress crash, the motorcycle accident team from D. Miller & Associates, PLLC, can help you build a strong case to fight for the full compensation you need. We offer free case reviews and handle these claims on a contingency fee basis. You pay us no attorney’s fees unless we recover the compensation you deserve.
To talk to a Cypress motorcycle accident attorney, call us at 713-850-8600 today and set up your free consultation.