11 Sep How Do I Win a Motorcycle Accident Injury Claim in Texas?
A motorcycle accident typically occurs in a matter of seconds, but the financial, physical, and emotional consequences can easily last years and even decades. Many people who have suffered injuries in motorcycle accidents must endure weeks and months in the hospital, long periods of rehabilitation, inability to earn a living at their previous level, and long struggles with pain and suffering. The most serious motorcycle accident cases can involve traumatic brain injury (TBI), spinal injury, and even death. Victims of motorcycle accidents caused by another party’s negligent, careless, or reckless conduct deserve to be compensated for all their injuries. But, because the compensation Texas motorcycle accident victims deserve is so high, defendants will often try to do everything they can to avoid paying. Thus, working with an experienced Texas motorcycle accident attorney to win your motorcycle accident injury claim is often crucial for obtaining the compensation you deserve. Below is a brief discussion of how an attorney will help win recovery in your motorcycle accident case.
Proving Fault in Your Texas Motorcycle Accident Claim
To win a verdict at trial for a personal injury claim involving a motorcycle accident in Texas, you will need to show that the defendant was at fault in causing your injuries. There are two major aspects of this process: 1) proving that the defendant’s actions actually caused the accident; and 2) that the defendant’s actions were negligent, or, in other words, unreasonable under the circumstances.
In a motorcycle accident involving an automobile or truck, common ways in which another party can be shown to have negligently caused the accident include:
- Changing lanes without proper space or turn signal
- Drunk or drugged driving
- Distracted driving, e.g. texting
- Drowsy driving
- Running a red light or stop sign
- Not giving motorcyclist proper space / tailgating
- Other moving violations
- Failing to maintain the car or truck
Defendants in motorcycle accident cases will often try to avoid liability by blaming the motorcyclist for causing the accident. Note, that while a motorcyclist’s own negligence may reduce his or her recovery, the motorcyclist may still be able to recover most of his or her damages.
Your attorney will make the case for causation and negligence on your behalf by collecting and analyzing all necessary evidence from the accident scene and elsewhere – including physical evidence, medical evidence, photographs, eyewitness testimony, and so on – thus it is important to contact a motorcycle accident attorney as soon as possible after a motorcycle accident to improve your chances for recovery.
Proving Damages in Your Texas Motorcycle Accident Claim
While proving causation and unreasonable behavior is necessary to win a verdict (or to extract a satisfactory settlement without trial), the other major aspect of winning your case will be to prove all the damages that you have suffered. A defendant may be willing to concede causation, but try to argue that he should only pay for limited damages.
This is where working with an experienced motorcycle accident attorney with a long history of successful results comes in, as the best attorney for your case is the one that can make the most compelling case for all damages you have suffered. Your attorney will work with medical care providers and other experts in presenting your case for maximum recovery for:
- All medical bills you will suffer over your lifetime, including rehabilitation
- All lost income and reduced earning potential from your injuries
- All pain and suffering you will experience over your lifetime
- All property damage and related financial injuries
Work With Experienced Dallas Motorcycle Accident Attorneys
The Kelley Law Firm PC in Dallas, TX represents the rights of personal injury victims and family members of those killed wrongfully in motorcycle accidents. We have successfully recovered numerous 7-figure settlements and verdicts on behalf of our clients, and are passionately committed to obtaining the maximum financial recovery that our clients deserve. Contact us today to schedule a consultation regarding your personal injury or wrongful death motorcycle accident matter.