As a motorcycle rider, you know you are at the mercy of other drivers. When another motorist makes a careless mistake or drives in a reckless manner, they do not think about the motorcyclist whose life they could turn upside down. Luckily, Texas law allows you to hold them responsible for their negligence. A motorcycle accident lawyer in Sugar Land can file an insurance claim against the at-fault driver on your behalf, and collect compensation to cover your losses. While this cannot take away your pain and suffering, it can ensure you do not have to worry about how you will be able to pay for your care.
At D. Miller & Associates, PLLC, we understand that motorcycle accidents happen, and it is not always the biker’s fault. Many people are quick to blame the motorcyclist, but we always conduct a full investigation into every crash. We have helped many motorcycle riders recover the compensation they deserve. Call our Sugar Land office at 713-850-8600 for your free consultation.
What Damages Can I Recover After a Sugar Land Motorcycle Crash?
We can help you recover a wide range of damages to make up for the losses you suffered in your crash. As a part of our investigation into your case, we will identify any and all possible expenses, financial losses, and other damages. We collect the evidence necessary to prove these damages, and build a strong case to prove the value of your claim to the insurance company.
While every case is different, some of the most common damages we collect include:
- Medical care and related expenses;
- Rehabilitation and ongoing care costs;
- Future care costs, if additional surgery is necessary;
- Repair or replacement of your motorcycle and other damaged property;
- Lost wages, both current and future; and
- Pain and suffering, and other non-economic losses.
Many motorcycle accident claims include significant damages. If you suffered severe or permanent injuries, such as a brain injury, we will pursue compensation to pay for the expensive, long-term medical care you will need in the future.
How Texas Car Accident Laws Impact Your Case
Like many other states, Texas operates on a fault system when it comes to auto insurance claims. This means the driver who causes an accident is legally responsible for covering victims’ losses. This is where auto liability insurance policies come in.
Because most people cannot afford to pay for someone else’s medical bills, lost wages, and other losses out of pocket, state laws require all drivers to have a liability auto insurance policy. It is this policy that will cover your damages if we file a claim against the at-fault driver.
What Is the Claims Process Like?
To win a claim against the other motorist, we must investigate your accident and collect all applicable evidence to show they acted in a negligent manner. Under a fault-based system, proving negligence is key to getting the compensation you need. To do this, we must collect evidence that shows four details were true in your case:
- The at-fault party had a duty to act in a certain way to prevent harm to others, such as following all traffic rules and safety best practices;
- They failed to uphold their obligation, by running a red light or breaking another traffic rule;
- Their failure caused your accident and injuries; and
- You suffered losses because of the accident.
All motorists have a duty to follow all traffic laws and drive in a careful manner. This means, after we show the person in question was driving at the time of the accident, we only need to prove the last three factors.
We fully investigate every accident that injures one of our clients, and your motorcycle crash will be no different. We need to understand exactly how and why it occurred before we can file a claim and ask the at-fault driver’s insurance company for a payout. We need to build a strong case with as much evidence to back up our claim as possible. While the available evidence varies from accident to accident, some of the most common types of proof we use in these cases include:
- Police reports and reports from other first responders;
- Eyewitness testimony;
- Video of the crash, when available;
- Pictures of the scene;
- Other evidence collected at the scene;
- Documentation of the damage to vehicles, such as repair estimates;
- Testimony from an accident reconstruction specialist;
- Your medical records; and
- Medical bills, receipts, and other proof of damages.
No matter how much evidence we provide, there is a good chance the insurance company will not accept our demand for compensation. It will either offer a much lower settlement, or accuse you of causing or contributing to the accident. Usually we can negotiate a fair settlement, unless the insurer continues to insist you are at fault. The burden of proof is on the insurance company to show you contributed to causing the crash, but it is important to understand what could happen if you did play a role in the collision.
If you were partially at fault for causing your accident or injuries, this could significantly reduce your payout. If this occurs in your case, we can help you understand what to expect if we are unable to counter this type of accusation.
How Can a Motorcycle Accident Lawyer Assist Me With My Claim?
While you could file your own insurance claim, gather evidence, and try to negotiate a settlement, this is not something most people want to do while struggling to recover after a motorcycle crash. We can handle all aspects of your claim from beginning to end. We can usually recover significantly more compensation for our clients than they could get on their own.
We know how insurance companies work, and we understand they are not on your side. An insurer will do anything it can to reduce your payout. We can ensure your rights remain intact and keep the insurance company from taking advantage of you. We will fight for the full value of your claim, aggressively negotiating to get the compensation you deserve. If the insurance company refuses to settle, we are not afraid to take your case to court and ask a judge to award you a fair payout.
Talk to a Sugar Land Motorcycle Accident Attorney Today.
At D. Miller & Associates, PLLC, we know how to get the money you deserve after a motorcycle crash. Call us today at 713-850-8600 for a free case evaluation. We handle all personal injury claims on a contingency basis, so you pay nothing until we settle your case.
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