Fort Worth Motorcycle Accident Lawyer
How Common Are Fort Worth Motorcycle Accidents?
According to txdot.gov, at least one motorcyclist dies in a crash on Texas roads each and every day. In 2021, 519 motorcyclists lost their lives in motorcycle collisions, while 2,318 sustained serious or catastrophic injuries. The combination of motorcycles that look farther away than they are, congested roadways, distracted driving, and careless driving is a recipe for disaster for many Fort Worth motorcyclists. If you or a loved one have been involved in a serious motorcycle accident, you need an experienced Fort Worth motorcycle accident lawyer. The attorneys at Noteboom—The Law Firm, have the experience, knowledge, and skills necessary to ensure you are properly protected following your motorcycle accident.
Texas City and Galveston made the list of the top ten most dangerous cities in the U.S. for motorcyclists, and the state of Texas makes the top five most dangerous states for motorcyclists on a regular basis (11.8 fatalities per 10,000 motorcyclists). Fort Worth motorcyclists are extremely vulnerable when involved in an accident. Motorcyclists in Fort Worth—and across the nation—have virtually no protection in the event of an accident other than a helmet (if worn).
What Are the Primary Causes of Motorcycle Accidents?
Motorcyclists face a number of dangers and challenges each time they ride. While every motorcycle accident is unique in some way, these are the most common causes of motorcycle accidents:
- Drivers who open their car door into oncoming traffic after parallel parking without properly looking for a motorcyclist
- Excessive speed can reduce a driver’s chance of seeing and reacting to a motorcyclist in time to prevent a collision
- Drivers who change lanes in an unsafe manner, without checking blind spots or signaling when changing lanes
- Impaired drivers who have slowed reaction times and may show a lack of judgment are a serious danger to motorcyclists
- Drivers who make sudden stops can cause a motorcyclist behind them to slam into the vehicle, causing serious injury or death to the motorcyclist
- Left turns are a major cause of motorcycle accidents. Drivers who are turning left can misjudge how quickly the oncoming motorcyclist is approaching, causing the motorcyclist to either slam into the car or attempt to evade hitting the turning car, perhaps hitting another car, pedestrian, or fixed object.
- Dangerous road conditions like potholes, crumbling pavement, debris, and other hazards are much more likely to cause a motorcyclist to crash than a car
- Defective or dangerous motorcycle parts may be the cause of a motorcycle crash. If this is the case, this could lead to a product liability claim.
What Should You Do Following a Motorcycle Accident in Fort Worth?
If you have been involved in a motorcycle accident, you may have severe, even catastrophic injuries as a result of little to no protection from the vehicle. This means that getting medical attention is the most important thing you can do following your accident. If you are unable to call the police and an ambulance, ask that someone else at the scene do so.
Even if you are not hurt badly, it is still important that the police come and file a report about the accident and that you are checked out medically. Often, the adrenaline rush you receive when an accident occurs can mask injury symptoms. While you may think you are only slightly banged up, your injuries could be much worse—a fact that will become very apparent once the adrenaline wears off.
In addition to contacting the police and EMS, you should take the following steps after your Fort Worth motorcycle accident:
- If you are physically able, move to a safe place, off the road and away from traffic.
- Ask the police officer where and when you can obtain a copy of the police report.
- Exchange contact information and insurance information with the other driver.
- If you are able, snap a few photos with your cell phone of your motorcycle, the other vehicle, and anything at the scene that may have importance in proving your case.
- When there are witnesses who saw the accident, if you can do so, jot down their names and contact information. This can be an invaluable resource for your Fort Worth motorcycle accident lawyer.
- Keep your conversations with the other driver, the police officer, and anyone else at the scene to a minimum. You should never say “I’m sorry,” even if you mean only that you’re sorry the accident occurred. Such a statement can later be taken out of context and used to point liability toward you.
- If you have any other evidence of crash liability—like dash camera footage—make sure you put this evidence in a safe place.
- Once you are home, stay off of social media—don’t post photos or information about your accident.
- Contact your own insurance company and tell them the basic facts surrounding the accident. Again, stick to the facts, and don’t embellish your story. The cause of the accident may not be immediately evident and may require a full investigation. You could suffer negative legal consequences if you inadvertently make it sound like the accident was your fault.
- After you contact your insurance company, begin looking for a Fort Worth motorcycle accident lawyer to take your case. While there are certainly many personal injury firms out there, you want an attorney with extensive experience with motorcycle accidents and severe or catastrophic injuries, as well as a firm with an exemplary reputation—like Noteboom—The Law Firm.
- Jot down any information you can remember about the accident and keep track of your injury-related expenses and losses—doctor visits, prescription medications, lost wages, medical equipment and devices, and work-related benefits.
What If a Loved One Has Died in a Motorcycle Accident?
If your loved one has been involved in a motorcycle accident and his or her injuries were severe enough to result in death, you are dealing with loss and grief and may not be able to think about filing a wrongful death claim. This is perfectly understandable, and you need and deserve time to grieve. Unfortunately, you could also be facing financial losses tied to the death, particularly if your loved one was the primary breadwinner in your family.
Now is the time to contact a highly skilled Fort Worth motorcycle accident lawyer from Noteboom—The Law Firm. Our legal team works together to ensure you receive a full and fair wrongful death settlement that will take care of you and other loved ones dependent on the decedent’s income. Damages in a wrongful death claim include the following:
- Funeral costs
- Burial costs
- Medical expenses if your loved one lived for a period of time after the accident and incurred these expenses
- Lost wages and lost future earnings
- Loss of consortium for a spouse, and loss of care, protection, and even an inheritance for the children of the victim
What Damages Could I Be Entitled to Receive Following My Motorcycle Accident?
While a motorcycle accident is similar to any other personal injury claim as far as damages go, medical expenses can be higher in motorcycle accidents. This is because motorcyclists who are hit by a vehicle often have catastrophic, life-threatening injuries that may require multiple ongoing surgical procedures, other medical interventions, assistive devices, and rehabilitative therapies. The following are considered economic or special damages. Economic damages come with a specific financial number attached, so are relatively easy to define. Economic damages can include:
- The cost of an ambulance
- Surgical expenses
- Physician and specialist costs
- Prescription drug costs
- Lost wages
- Future lost earnings
- Lost benefits from a job
- Assistive devices
Non-economic damages are more difficult to quantify because they are more subjective. Pain and suffering fall under non-economic damages. Pain can include actual physical pain as well as emotional pain and trauma. PTSD is a form of emotional trauma and can keep a victim from ever having the life they enjoyed before the accident. Depression, anxiety, embarrassment, difficulty leaving one’s home, an inability to engage in normal daily activities, and an inability to engage in recreations and hobbies you once enjoyed all fall under pain and suffering. It can be helpful to keep a journal that details your level of physical and emotional pain as well as how that pain and trauma has changed your life.
Punitive damages are relatively rare, however, in situations where the defendant’s behavior was especially egregious, deliberate, or malicious, punitive damages could be awarded by a jury. Punitive damages are not only meant to punish the defendant but they are also meant to deter such behavior in others.
What is the Process for Filing a Motorcycle Accident Claim?
In the state of Texas, the statute of limitations (your window of time) to file your motorcycle claim is two years from the date of the motorcycle accident. Once you file a claim—which should be done sooner, rather than later—the insurance company will either deny or approve your claim for damages. Generally speaking, the insurance company wants to pay out as little as possible on every claim to boost its annual profits.
The adjuster may offer far less than your claim is worth, may unreasonably delay your claim, or may outright deny the claim. Having an experienced Fort Worth motorcycle accident lawyer from Noteboom—The Law Firm can help you get the settlement you are entitled to receive. When the insurance company stalls or refuses to offer a reasonable settlement, your attorney can file a lawsuit.
Under the comparative negligence rule used in Texas, you must not be more than 50 percent at fault for the accident or your claim will be denied. If your motorcycle accident was caused by a driver who was driving a government vehicle, or on a hazardous government-owned property, your statute of limitations might be two years but you might only have six months to file a “notice of claim”. When filing against a Texas municipality, that window of time may be even shorter—as little as 90 days. While statutes of limitations are meant to encourage the prompt pursuit of claims, there are certain exceptions, including:
- You need assistance in filing your claim because you were disabled or catastrophically injured during the accident.
- A military deployment prevented you from filing your claim in a timely manner.
- The person who hit you has disappeared.
- A minor was involved in the accident.
While it may seem like you have plenty of time to file your claim for damages following your motorcycle accident, time passes quickly. The sooner you have an experienced Fort Worth motorcycle accident lawyer on board, the better the outcome will be. Negotiating with the insurance company may take a few weeks, or could stretch into months, depending on whether liability is clear and how complex the case is. When negotiations fail, a lawsuit is filed, and the case may stretch into a year or more. In any case, speak to an attorney as soon as possible following your motorcycle accident so your claim can be filed quickly.
Do I Really Need a Fort Worth Motorcycle Accident Lawyer?
While handling any type of auto accident on your own is inadvisable, handling a motorcycle accident on your own can result in an extremely adverse outcome. Motorcycle accidents are especially complex for a variety of reasons. Should the case go to trial, jurors tend to view motorcyclists as free-wheeling, hard-living, risk-takers. Having a highly experienced attorney means you are more likely to receive full compensation for your injuries, lost wages, and pain and suffering.
Evidence is typically cleaned up quickly to clear the roadway following a motorcycle accident, making it difficult to collect evidence to prove liability. Since motorcycles are much smaller than cars, it can be more difficult to learn details of the accident by looking at the two vehicles. Your motorcycle attorney has the necessary resources to gather the evidence necessary to prove your claim, including medical experts, investigators, and an accident reconstructionist.
At the same time, your Fort Worth motorcycle accident lawyer will monitor your physical progress while keeping an eye on the statute of limitations. Bringing an attorney from Noteboom—The Law Firm, into the situation as quickly as possible will definitely pay off in the end. When your attorney has early access to evidence and information, you have the best chance of a strong case with no missteps.
Hire A Fort Worth Motorcycle Accident Lawyer Near You
If you were injured in a motorcycle accident, you may find your life has been changed forever. Seeking legal representation is not an option, rather it is an absolute necessity. Having a highly-skilled Fort Worth motorcycle accident lawyer in your corner can make a significant difference in the outcome of your claim. The attorneys at Noteboom—The Law Firm, will place an experienced legal team on your case that will work aggressively on your behalf for a fair settlement.
Since we exclusively handle accident claims which result in serious, even catastrophic injuries, we have the resources necessary to prepare every case as if it were going to trial. With an on-staff investigator, along with access to medical and vocational experts, our attorneys will prepare your case in a thorough, systematic manner. We have been practicing personal injury law since 1982 which greatly benefits you and your case. Contact Noteboom—The Law Firm today!