Motorcycle accidents happen when other drivers fail to see the motorcycle while changing lanes, pull out in front of them, fail to yield at a red light, or make other mistakes that leave the rider with serious injuries and mounting expenses. If you suffered injuries or other damages in a crash, a motorcycle accident lawyer in Port Arthur can help.
The legal team at D. Miller & Associates, PLLC, may be able to help you recover the compensation you deserve after a motorcycle collision. We can identify the liable party and help you prove your case against them.
Call us today at 713-850-8600 for your complimentary case evaluation and consultation.
Damages Available After a Port Arthur Motorcycle Accident
If we can prove another party caused your accident, we can file a third-party liability insurance claim or a personal injury lawsuit to try to recover payment for your damages. These damages vary based on your actual expenses and losses, but may include:
- The cost of medical care, including hospitalization and treatment;
- Rehabilitation and therapy expenses;
- Ongoing care costs, if necessary;
- Lost wages for time missed at work;
- Future lost income and benefits if you cannot return to your job;
- The repair or replacement of your motorcycle;
- Replacement of your helmet and other damaged property;
- Miscellaneous out-of-pocket expenses;
- Pain and suffering damages; and
- Wrongful death damages, if your family member died in the crash.
In Texas, you can recover damages for almost any type of financial loss after a crash. We know the most common types of damages motorcycle accident victims suffer, and we will ensure we understand the full range of your losses before we approach the at-fault party’s insurance company or file a lawsuit.
The Role of Negligence and Liability in a Motorcycle Accident Claim
Most motorcycle crash cases hinge on our ability to prove the at-fault motorist acted negligently. If we can show their careless or reckless actions caused the accident, we can hold them liable for your damages.
To prove negligence in this type of case, we must provide evidence to show four things:
- The driver had an obligation to follow traffic rules and share the road safely with motorcyclists and other vehicles;
- They failed to uphold this obligation and put you in unreasonable danger;
- This failure led to your accident and your resulting damages; and
- You suffered financial losses, in addition to physical injuries.
If we can prove negligence and build a solid case demonstrating fault, we can hold the other driver liable for the injuries and other damages you suffered. For this reason, we consider the strength of your claim when we decide if we will accept your case. If we believe you have a valid case against the negligent motorist, we can handle your case on contingency. This means you pay us no attorney’s fees unless we recover a payout on your behalf.
The Texas Motorcycle Accident Insurance Claims Process
Once we decide to work together on your motorcycle accident case, we will take over all aspects of your claim. We will manage all communication with the insurance company, protect your right to full compensation, and prevent the insurer from misinterpreting anything you might say about the accident.
We will also launch a full investigation into your crash by:
- Requesting copies of the police report and other documents related to the crash;
- Identifying and collecting other evidence;
- Interviewing witnesses;
- Reviewing videos of the accident or photos from the scene;
- Analyzing all available evidence and building a solid case for compensation;
- Enlisting the help of accident reconstruction specialists and other experts; and
- Documenting your economic damages.
Once we conclude our investigation and fully understand how the action—or inaction—of the at-fault driver caused your accident, we will begin the claims process. In general, the claims process requires a number of steps:
- We send the insurance company a demand letter outlining our case and demanding a full payout to cover your damages;
- The insurer usually responds with a low counter-offer, and we reject it;
- This begins the settlement negotiation process, where we aggressively negotiate for a fair settlement;
- The insurance company eventually agrees to pay you a fair amount;
- We sign an agreement, and the insurer sends us a check;
- We take out our attorney’s fees as we agreed on when you enlisted our help; and
- We issue you a check for the remainder of your compensation.
We only occasionally need to file a personal injury lawsuit to recover the compensation our clients need to cover their damages. However, if this is necessary in your case, we will take your case to court and fight for the full financial award you deserve.
Talk to a Motorcycle Accident Lawyer in Port Arthur About Your Wreck.
The motorcycle accident attorneys from D. Miller & Associates, PLLC, can help you understand how to get the full compensation you deserve. Our free case evaluations offer a no-obligation way to explore your legal options and understand the strength of your case.
Call us today at 713-850-8600 for your complimentary consultation, and let us go to work for you.
Related Frequently Asked Questions
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- What Are Your Legal Rights If Your Child Was Injured or Killed Riding A Bicycle in Texas?
- What Should You Do If You Are Injured In Bicycle Accident In Texas?
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