In motor vehicle accidents involving motorcycles, motorcyclists and their passengers have a greater chance of suffering serious or fatal injuries than those in other vehicles. The Insurance Information Institute (III) points out several reasons for this discrepancy, which include factors such as:
- The open, unenclosed nature of motorcycles
- The decreased visibility of motorcycles on the road
- The specialized skills involved in driving a motorcycle
- Hazards of weather and road conditions
Reports from the National Highway Traffic Safety Administration (NHTSA) reveal a disturbing trend in motorcycle accidents, particularly those that lead to fatal injuries. According to the agency, more than 1 in 10 of all fatal accidents in the United States, Texas, and Brazoria County involved motorcycles in 2018, and that number does not include the many more who suffered injuries. Another NHTSA resource stated, “Even the smallest momentary lapse in a vehicle driver’s awareness can result in the death of an unseen motorcyclist.”
If you suffered injuries in a motorcycle accident in Brazoria County, your injuries alone may feel overwhelming. However, if you also discovered that the driver who hit you did not have insurance, you may not know what to do next. An uninsured motorcycle accident lawyer serving Pearland can help you explore your options and seek financial recovery. Contact D. Miller & Associates, PLLC™ today at (713) 850-8600 to get started on your case.
You Can Pursue Financial Recovery in Your Uninsured Motorcycle Accident Case
In most cases, the driver responsible for causing a motorcycle accident must use their insurance policy to provide coverage for the victims’ injuries. If the responsible driver does not have insurance, however, this option is not available to the victim. While the driver may suffer legal consequences in a criminal court, this does not help the victim left struggling with medical bills, lost income, and other damages. However, you may still have options for pursuing financial recovery.
From Your Own Insurance
The State of Texas requires drivers to carry certain types and amounts of auto insurance to cover property damage, injury to others, and personal injury. According to the Texas Department of Insurance (TDI), Texas law requires drivers to have a minimum of:
- Bodily injury liability: $30,000 per person and $60,000 per accident
- Property damage liability: $25,000
Policyholders have the option of adding extra coverage, such as collision, towing, and rental reimbursement. Every policy includes personal injury protection (PIP) as well, and insurance companies must offer you the option of uninsured/underinsured motorist coverage, as well.
If you do not want this coverage, you must inform the company in writing. If you have not done this, you likely have uninsured motorist coverage and can file a claim with your own insurance company to seek financial recovery for your injuries.
From the Liable Party
If you do not have uninsured or underinsured motorist coverage, you may file a claim against the uninsured driver directly to pursue financial -compensation. Victims often struggle to achieve recovery in these cases, though, as the uninsured driver often has no money to pay them. However, if damages are awarded through the court system, judges can sometimes put a lien on the uninsured driver’s property if they have assets. A lawyer can help you hold the negligent driver accountable for the harm they caused you.
An Uninsured Motorcycle Accident Lawyer Serving Pearland Can Help You Establish Liability in Your Case
In Texas, the driver who caused the accident holds responsibility for covering the victims’ damages. Even if the driver who caused your accident does not have insurance, you will still have to prove their fault in order to file an uninsured motorist claim with your own insurance company or pursue legal action against the driver.
Prove Negligence
To establish liability, you must prove that the actions of the driver meet the criteria for legal negligence. That is, the driver had a duty of care to protect your safety on the road and they breached that duty through an intentional act or by failing to act, which led to your injuries and the accumulation of your damages.
The attorneys at D. Miller & Associates, PLLC™ can help you prove negligence so you can seek financial recovery in your case. Contact our legal team online today, and we will respond as soon as possible to discuss your case with you.
Collect Evidence
Certain types of evidence from the accident scene and those involved in your accident can help you prove negligence in your motorcycle accident case. They may include:
- Police reports
- Medical records and bills
- Videos from the scene
- Photos of debris, skid marks, property damage, and injuries
- Cell phone records
- Field sobriety tests
- Eyewitness testimony
In some cases, your own testimony may strengthen your claim, as well.
Deal with the Insurance Company
Insurance companies work for a profit, and even when it comes to helping their own policyholders, they will often cut corners to avoid providing fair compensation. If you have an uninsured motorist policy, an uninsured motorcycle accident lawyer serving Pearland can communicate with the insurance company and handle all negotiations for adequate recovery on your behalf. If they cannot settle, your lawyer can take the insurance company to trial.
Financial Recovery in Uninsured Motorcycle Accident Cases
The types of awards you may qualify for in your uninsured motorcycle accident claim depend on the circumstances of your case, such as the extent of your injury and the total cost of your repair bills. They may include recovery for:
- Emergency medical care, rehabilitation, and other accident-related healthcare costs
- Lost wages for the time you missed at work due to your injuries
- Loss of future wages if your injuries prevent you from returning to work
- Property damage for the damage caused to your motorcycle in the accident
An attorney can help you assess your damages and seek sufficient financial awards in your case.
Contact D. Miller & Associates, PLLC™ Today to Get Started
Motorcycle accidents often have devastating effects on victims and their families, and when motorcyclists discover that the negligent driver who hit them does not have insurance to cover their damages, they often fear that they will have to find a way to pay for all of their losses themselves. However, they may still have options, and a lawyer can investigate their case and help them determine the next step.
If you suffered injuries in a motorcycle accident in Pearland and the driver who hit you did not have insurance, the lawyers at D. Miller & Associates, PLLC™ can help. Contact us today at (713) 850-8600 to discuss your case with our legal team.
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