If you were injured in a motorcycle accident that someone else caused, a motorcycle accident lawyer serving Fort Worth can help you pursue damages from the liable party. Since 2002, D. Miller & Associates, PLLC™ has assisted people through personal injuries with personalized legal care.
Texas has complex liability and negligence statutes and a deadline for personal injury lawsuits. If you miss this deadline, you could lose your opportunity to hold a reckless driver accountable.
Seeking Financial Recovery for Motorcycle Accident Injuries
First and foremost, follow your doctor’s instructions for care and treatment of your injuries. This is for your best health and to prevent an insurance company from questioning the validity of your medical damages.
A motorcycle accident lawyer serving Fort Worth can compile your medical bills, pay stubs, and other losses to seek financial recovery on your behalf.
How much you could recover in a motorcycle accident depends on a few factors:
- Will you be disabled, disfigured, or suffer from a chronic medical issue because of your injuries?
- Will you be able to work at the same level as before the accident?
- Are your personal relationships affected because of your injuries (for example, if your injuries prevent you from having children)?
- What are the circumstances of your accident (for example, were there other injured people or loss of life)?
You may also be able to recover damages if you lost a loved one from a motorcycle accident.
What Recoverable Damages May Be Obtained From the Liable Party?
Recoverable damages are the economic and emotional losses that you suffer because of your injury. They can range from a hospital bill to the loss of consortium with your spouse.
A lawyer with our firm will carefully valuate your damages and seek appropriate recovery, which might include:
- Medical care and treatment, both current and future
- Lifecare costs
- Property damage and temporary transportation
- Lost pay
- Other related expenses (such as mileage from your home to the doctor’s office)
- Pain and suffering
- Mental anguish
- Loss of companionship
We can also seek damages for temporary or permanent disability or disfigurement.
Deadline for Seeking Financial Recovery
Like other states, Texas has a statute of limitations on personal injury lawsuits. Under Texas law, you have two years from the date you were injured to file a personal injury lawsuit. Likewise, a wrongful death lawsuit also has a two-year time limit that begins on the date of your loved one’s passing.
It takes time to build a case, and many personal injury cases begin as an insurance claim. When you call D. Miller & Associates, PLLC™ to help with your case, we will first try to recover damages from an insurance claim. If the other party will not negotiate in good faith, we may have the option of seeking a judgment in court.
How a Motorcycle Accident Lawyer Helps You
It is tricky to navigate an insurance claim or a personal injury lawsuit on your own, particularly if you are unwell or under a doctor’s care. If you are taking certain medication, your physician may caution you against making important legal decisions.
Our legal team can:
- Obtain evidence of the accident, including photos, videos, vehicle onboard digital information, cell phone use at the time of the accident, witness statements, and police reports
- Identify and communicate with all liable parties
- Secure documentation and testimony about your injuries and projected health outcome
- File, track, and manage an insurance claim
- Negotiate a settlement for your economic and emotional damages
A motorcycle accident lawyer from our team can be an objective advocate who navigates this process for you. Our lawyers keep you updated and treat you with the compassionate, respectful care that you deserve.
Four Elements of Liability
A motorcycle accident, like any personal injury, requires a burden of proof by the person seeking damages. You (and your lawyer) must show that it is more likely than not that the other party caused the injuries and damages through negligence or intent.
A motorcycle accident lawyer from our team can collect evidence to establish these four elements of liability, which are:
- Duty of care: The other party had an obligation to take reasonable measures and prevent the accident.
- Breach of care: The other party breached this duty in some way, such as changing lanes without looking or following you too closely.
- Causation: The other party caused your injuries by failing to uphold their duty of care.
- Damages: You have damages in the form of medical bills, lost pay, and pain and suffering because of your injuries.
Legal Protection for Injured Motorcycle Riders and Passengers
Drivers in Texas must share the road with motorcycles. As a motorcycle rider, you have the legal right to:
- Drive on public roadways in Texas, including highways
- Expect drivers to exercise a duty of care to avoid harming you
- Aid and assistance after an accident
Licensed drivers in Texas are required by law to stop after any accident that results in injury and/or property damage.
Hit and Run Laws in Texas
Under Texas law, it is illegal to flee the scene of an accident involving another vehicle or person (hit and run). The law requires certain actions, including:
- Give first aid to the injured person and call 9-1-1.
- Exchange driver license and insurance information.
- Call the police and wait for officers to arrive.
If someone hits your motorcycle while it is parked, he or she must leave a note with contact information.
Get a Free Case Evaluation from D. Miller & Associates, PLLC™
If you are hurt from a motorcycle accident that you did not cause, call our team for a free case evaluation: (713) 850-8600. The sooner you call, the sooner our motorcycle accident lawyers can help with your Fort Worth case.
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