Motorcycle accidents can be devastating and life-changing due to serious injuries, high medical bills, and lost income. Unfortunately, motorcycle accidents are too common in Texas, with many accidents caused by distracted driving, speeding, and failure to yield.
On 27th February 2023, a fatal collision involving a motorcycle and a car occurred in Arlington. A 23-year-old man was riding northbound on the street and collided with a 2002 Lexus IS that was turning left into a parking lot from the southbound lanes. According to witnesses, the motorcycle rider was riding at high speed and was pronounced dead at the scene.
If you or someone you love has been injured in a motorcycle accident in Fort Worth, you can file a lawsuit and claim compensation for your injuries. An experienced Fort Worth motorcycle accident lawyer in Fort Worth can help you with the process, negotiate on your behalf to get you what you deserve or represent you in court should the case move forward.
What Do You Do Immediately After a Motorcycle Accident in Fort Worth, Texas?
If you are involved in a serious motorcycle accident in Fort Worth, Texas, it’s crucial to take certain steps to ensure your safety and protect your legal rights. Every step you take following the accident is critical to your claim:
- Check yourself for injuries: The first thing you should do after a motorcycle accident is to check yourself for any injuries. If you or anyone else is seriously injured and need medical treatment, call 911 for emergency medical assistance.
- Move to a safe location: If possible, move your motorcycle and yourself off the road to avoid further accidents or injuries. Before moving, take photos to help document the position of the bike.
- Call the police: Call the police immediately to report the accident, even if it seems minor. A police report is necessary for insurance and legal purposes.
- Exchange information: Swap contact and insurance information with the other driver(s) involved in the accident.
- Take photos: Take photos of the accident scene, your motorcycle, any other vehicles involved, and any injuries you may have sustained.
- Contact your insurance company: Contact your insurance company to report the accident immediately.
- Consult with a motorcycle accident lawyer: If you sustained injuries in the accident, consult with a personal injury law firm that can advise you of your legal rights and options.
Why Do I Need an Attorney in Fort Worth After a Motorcycle Accident?
If you encounter a motorcycle accident in Fort Worth, Texas, prioritize the safety of everyone involved, including yourself. Here are some steps you can take to help save someone in a motorcycle accident:
- Call 911: Contact emergency services immediately and provide them with your location and a brief accident description. Stay on the line with the operator and answer any questions they may have.
- Assess the situation: Check for immediate dangers, such as oncoming traffic, fire, or leaking fuel. If any hazards are present, try to move the injured person to a safe location.
- Provide first aid: If you have first aid training, assess the injured person’s condition and provide basic care. If possible, stabilize their neck and head to prevent further injury.
- Don’t move the injured person: Unless there is an immediate danger, it’s important not to move the injured person, as this could worsen their injuries. Wait for emergency responders to arrive and let them handle the situation.
- Provide information to emergency responders: When the paramedics arrive, provide them with as much information as possible about the accident and the injured person’s condition.
Remember, stay calm and composed during an emergency. These steps can help save someone in a Fort Worth, Texas, motorcycle accident.
Why are Motorcycle Accident Lawyers Necessary?
If you have been in a motorcycle accident in Fort Worth, consider hiring a personal injury lawyer. A skilled motorcycle accident lawyer can provide invaluable assistance with navigating the legal process and negotiating with insurance companies.
Fort Worth motorcycle accidents can be complex–they may involve multiple parties, such as other drivers, manufacturers, and insurance companies. Experienced motorcycle accident attorneys can help you navigate the complex legal landscape, protect your legal rights, and ensure you receive the maximum compensation you are entitled to under the law.
Damages Awarded in a Motorcycle Accident
The damages awarded in a motorcycle accident lawsuit can vary depending on the case’s circumstances. Compensation in a motorcycle accident lawsuit is intended to compensate the injured party for their losses and expenses resulting from the accident.
Some common types of damages that may be awarded in a motorcycle accident case include the following:
- Medical expenses compensation, including hospital stays, surgeries, doctor visits, physical therapy, and prescription medication.
- Lost wages are awarded due to time missed from work due to the accident.
- Pain and suffering compensation can include physical pain, emotional distress, and other non-economic damages resulting from the motorcycle crash.
- Property damage award pays for damaged personal property due to the accident, like the motorcycle.
- In some cases, the court may award punitive damages to punish the defendant for egregious behavior, such as driving under the influence of drugs or alcohol.
Consult an experienced personal injury attorney who can evaluate your case and help you pursue the maximum compensation available for your injuries and damages.
Who is Liable in a Motorcycle Accident in Fort Worth?
In Fort Worth, Texas, liability in a motorcycle accident is determined based on the concept of negligence. Therefore, the person at fault or negligent for the accident will be liable for the damages resulting from the accident.
Under Texas law, the court can establish negligence if the following four elements are present:
- Duty: The defendant (the person being sued) owed a duty of care to the plaintiff (the person injured in the accident).
- Breach: The defendant breached the duty by failing to exercise reasonable care.
- Causation: The defendant’s breach of duty was the cause of the plaintiff’s injuries.
- Damages: The plaintiff suffered injuries due to the defendant’s breach of duty.
Texas follows a modified comparative fault rule, which means the court may reduce a plaintiff’s damages based on their percentage of fault for the accident. If the plaintiff is more than 50% at fault, they may be unable to recover any damages.
Statute of Limitations For Filing a Motorcycle Accident Claim in Fort Worth, Texas
In Fort Worth, Texas, the statute of limitations for filing a motorcycle accident claim is two years from the accident date, as outlined in Texas Civil Practice and Remedies Code section 16.003. This statute means the injured person or their representative must file a lawsuit within two years from the accident date, or they may lose their right to pursue compensation for their motorcycle accident injuries.
The statute of limitations also applies to settling a claim with an insurance company. It’s recommended motorcycle accident victims start the claims process as soon as possible after the accident to allow enough time to gather evidence and negotiate a settlement if necessary.
There may be exceptions to the two-year statute of limitations, such as when the injured person is a minor or when the accident was not discovered until after it occurred. However, it’s best to consult a personal injury attorney to determine whether exceptions apply to your personal injury claim.
How Long Does a Motorcycle Accident Claim Take To Settle in Fort Worth?
The time it takes to settle a Fort Worth motorcycle accident claim can vary widely, depending on several factors unique to each case. Some factors affecting the timeline include;
- The severity of the injuries
- The complexity of the case
- The willingness of the insurance company to negotiate a fair settlement
In some personal injury cases, the court may settle a motorcycle accident claim relatively quickly within a few months of the accident. However, if the case is more complex or if the injuries are severe, it may take much longer to reach a settlement. Sometimes, it may be necessary to file a lawsuit and go through the court process, which can significantly extend the timeline for resolution.
How Heller Law Firm Can Help With Motorcycle Accident Cases
Heller Law is a proud advocate for personal injury victims, including wrongful wrecks, slips and falls, pedestrian injuries, and 18-wheeler wrecks. An experienced motorcycle accident lawyer understands the physical, emotional, and financial impact accidents can have.
Through infinite compassion and understanding, we provide you with the highest level of legal services to ensure you get the best possible outcome. Whether it’s motorcycle crashes, a slip and fall, a car wreck, or any other type of personal injury, we are here for you. Contact us today for a free consultation.
Frequently Asked Questions (FAQs)
Should I speak to the insurance company after a Fort Worth motorcycle accident?
First, speak to a motorcycle accident attorney before speaking to the insurance company. The insurance company may try to settle for less than what you are entitled to, so having an attorney can help protect your rights.
Can I still recover compensation if the other driver does not have insurance?
If the other driver does not have insurance, you may recover compensation through your own uninsured/underinsured motorist coverage.
Where do most motorcycle accidents occur in Fort Worth?
According to the Texas Department of Transportation, most motorcycle accidents in Fort Worth occur on urban roadways such as city streets, highways, and intersections.
Summary
A motorcycle accident lawyer Fort Worth, TX, is essential in ensuring that victims of motorcycle accidents receive the compensation they deserve. With their expertise and experience, they can navigate the complex legal process, negotiate with insurance companies, and protect the rights of their clients. If you or a loved one has been involved in a motorcycle accident in Fort Worth, don’t hesitate to consult with a skilled motorcycle accident attorney to help you pursue the maximum compensation for your injuries and damages. Your recovery and financial security may depend on it.