A motorcycle can be a wonderful way to get from Point A to Point B. Whether you are using it for your regular commute or on a long trip, your motorcycle lends itself to scenic drives where you can feel the wind in your hair and breeze on your skin. However, because motorcycles are smaller than cars it is inherently harder for other drivers to see you, especially when they are driving recklessly.
If you are in a motorcycle accident due to the actions of a reckless driver or negligent party, you should receive compensation for damages from your injuries. Motorcycle accidents can result in long-lasting injuries and pricey bills. Don’t try to navigate the aftermath of your accident alone. When you equip yourself with a knowledgeable and experienced Rosenberg, TX motorcycle accident attorney from the Law Office of Shane McClelland, you are giving yourself the best possible opportunity of getting the financial compensation and justice you deserve.
After falling victim to a motorcycle accident because of someone else’s recklessness, you are entitled to file a claim with the at-fault party’s insurance company for compensation. It is also possible you can file a claim with your own insurance if you have uninsured / underinsured motorist coverage or personal injury protection (known as PIP). If you are unable to get a fair settlement with the at-fault pary’s insurance company, then you can file a lawsuit to recover your damages. Texas has a 2 year statute of limitation for personal injury claims stemming from motorcycle accidents.
Texas generally breaks down damages from a motorcycle accident into two subcategories.
Economic damages help cover the cost of losses directly resulting from your motorcycle accident. This includes coverage for medical bills, any required physical therapy, property damage, prescription medications, and lost wages due to your inability to work or obtain new job opportunities. Your Rosenberg motorcycle accident lawyer can help you calculate the full cost of your accident, including potential future expenditures like rehabilitation or physical therapy.
Non-economic damages exist to cover the emotional cost of your accident. These intangible losses are often more than economic damage. The Texas Civil Practices and Remedies Code § 41.001(12) states that non-economic damages include:
Texas does not currently cap damages for non-economic losses except for cases involving medical malpractice.
While you concentrate on recovering and resting after your motorcycle accident, our team will get to work immediately on an investigation surrounding your accident. This includes the following important steps:
In order to establish liability and file your claim, your Rosenberg motorcycle accident attorney must first collect and analyze any potentially relevant evidence pertaining to your accident. In the case of a motorcycle accident, this can include traffic camera footage, eyewitness accounts, police reports, detailed medical records, and even expert testimony.
Much of this information is time-sensitive, so your attorney will work swiftly and use their connections and resources to help obtain any pertinent data.
Using the gathered evidence, your Rosenberg motorcycle accident lawyer will establish liability and identify an at-fault party. The collected information will be used to demonstrate negligence has occurred or more specifically that:
For example, if another driver is speeding, they are considered to be breaching their expected duty of care, which would be to adhere to the rules of the road by not speeding. When speeding causes an accident with your motorcycle, you can hold them accountable for their actions by filing a claim and lawsuit.
Texas currently adheres to a modified comparative negligence law, meaning you can be found partially responsible for your accident and still file a claim to recover damages. As long as your percentage of fault is calculated to be under 50%, you are still able to obtain financial compensation for your injuries.
The attorneys at Law Office of Shane McClelland will help you file a personal injury claim with the at-fault party’s insurance. And we will file any necessary lawsuit caused by the negligence of another within Texas’s two-year statute of limitations. If you wait to file your lawsuit for more than two years, you run the risk of losing your right to file a lawsuit. Your attorney will handle all aspects of the litigation process for you, including the negotiations with the insurance company. Your attorney will ensure your claim represents the full cost of your injuries and how the negligent party’s actions have affected your life now and in the future.
If a worthy settlement agreement cannot be reached, our team is prepared to take the necessary steps to bring your case to court.
With nearly two decades of dedicated service, attorney Shane McClelland at the Law Office of Shane McClelland has been a steadfast advocate for motorcycle accident victims in Rosenberg, Texas. We recognize the immense challenges that come with any form of motor vehicle accident, and we are committed to being your unwavering support throughout the entire process. From the initial consultation to the final settlement agreement, we are prepared to handle the legal complexities while you concentrate on a speedy and full recovery.
To discuss how we can best provide guidance for your unique situation, please don’t hesitate to schedule your free consultation and case evaluation today by calling us at (713) 987-7107 or utilizing our online contact form.