When a driver makes a careless mistake on a Texas roadway and causes a motorcycle accident, it is usually the motorcyclist that suffers the most. If you suffered injuries in a crash a negligent driver caused, a motorcycle accident lawyer in Pearland can help you hold them accountable for your financial damages and other losses.
The attorneys at D. Miller & Associates, PLLC, help Pearland motorcycle riders get the money they need and deserve. We can help you understand what to do after a motorcycle crash as we pursue compensation to pay your medical bills, lost wages, pain and suffering, and more.
We offer free case evaluations and can answer any questions you have about your case. Call us today at 713-850-8600 to get started.
Damages Available in a Pearland Motorcycle Accident Case
There is a full range of damages available to you after another motorist causes a motorcycle crash. Depending on the nature and severity of your injuries, your out-of-pocket expenses, and other factors, the type and value of damages you collect could vary greatly. For example, a claim involving a severe injury, such as a traumatic brain injury, is usually worth more than one where the victim suffered only minor scrapes and bruises. After we fully investigate your accident, we can provide an estimate on the damages you may be able to recover.
Some of the most common damages we collect after a motorcycle crash include reimbursement for:
- Medical care, ambulance transportation, and other health care expenses;
- Ongoing care costs;
- Future care costs, if additional treatment is necessary;
- Motorcycle repair or replacement;
- Other property damage;
- Lost wages, both current and future; and
- Pain and suffering.
The Texas Motorcycle Accident Claims Process
Texas operates on a fault-based auto insurance system, meaning you can hold the driver who caused your crash responsible for the injuries and other damages you suffered. In accordance with this, Texas requires all drivers to carry a certain amount of auto liability insurance coverage. This policy ensures the victims of a car accident have access to compensation to pay for their medical care and other losses.
The most common way we recover a payout for our clients after a motorcycle accident is to file a claim based on this policy. However, an insurer will only pay if we can prove its policyholder caused the accident. This is why we complete a full investigation and identify evidence to prove the driver acted negligently and caused your crash.
To prove negligence and liability, we must provide evidence showing:
- The driver had a duty to follow all traffic rules and safety best practices while behind the wheel;
- They failed to do so, breaking a law or otherwise acting in a careless manner;
- Their failure led to your accident and injuries; and
- You suffered financial damages because of the motorcycle crash.
Once we feel confident in our case against the at-fault motorist, we file our claim with their insurance company and provide information about our investigation and your damages. Then, we demand a fair payout.
When an insurance company faces a strong case in favor of a settlement, it is often willing to negotiate to avoid going to court. We can usually negotiate a fair settlement agreement at this point and get you the compensation you need and deserve. If the insurance company refuses a fair settlement, we are not afraid to file suit. We will present your case to the judge and ask that the court awards you full damages.
Evidence in a Motorcycle Accident Case
When we agree to handle your case, we will dedicate all of our resources to getting to the bottom of exactly what happened and why. We fully investigate every crash and use the evidence we uncover to build a solid case in favor of our clients. This allows us to approach the insurance company and demand a fair payout—or take the case to court and convince the judge you deserve an equitable award package.
While the available evidence varies widely from case to case, there are some common types of proof that play a critical role in proving negligence and liability in a motorcycle crash. We may obtain evidence that includes:
- Police reports;
- Blood test results, if the other motorist drove while drunk;
- Eyewitness testimony;
- Video of the crash, if available;
- Pictures of the scene before, during, and after the accident;
- Any other evidence collected at the scene;
- Documentation of the damage to all vehicles involved;
- Data from an accident reconstruction specialist;
- Your medical records; and
- Medical bills, receipts, and other records of treatment costs.
The Dangers of Taking on an Insurance Company After a Motorcycle Crash
It is important to remember that the insurance company is not on your side. Most insurers have no interest in paying out the full amount you deserve. This is true even in cases where an insurance adjuster reaches out to you to check on your progress and offer quick compensation. We advise our clients to never talk to the at-fault driver’s insurer without an attorney present.
The insurance company’s allegiance is to its own bottom line. It does not want to pay you any more than necessary. Any information you provide will not help you increase your compensation, but it can offer reasons to reduce or deny your claim. This is one reason many victims choose to work with an attorney who can protect their right to fair compensation.
We will fight to get you the maximum payout you deserve while avoiding any traps or tricks from the insurance company. We will manage all communication with the insurer, letting you focus on your physical recovery. We file your claim and aggressively negotiate to get you the settlement you need. If the insurance company in your case refuses a fair settlement, we will not hesitate to file a lawsuit. In many cases, we can recover significantly more than our clients could get on their own.
Talk to a Motorcycle Accident Lawyer in Pearland About Your Crash
The attorneys from D. Miller & Associates, PLLC, can get you the payout you need and deserve after a Pearland motorcycle crash. We offer complimentary case evaluations and handle all personal injury claims on a contingency basis. You owe us nothing until we settle your case for you.
Call us today at 713-850-8600 for your free consultation.