Beaumont Motorcycle Accident Lawyer

Beaumont Motorcycle Accident Lawyer Michael Grossman: Motorcyclists Have Legal Rights When Involved in a Bike Crash

Almost a half million motorcyclists use Texas roads and highways. Their reasons range from pleasure to saving precious energy. But with more “bikers” on the road, the opportunities for accidents to occur are even more numerous.

Motorcyclists are being hit in Texas with greater frequency and for a wide variety of reasons, from simple driver distraction to more egregious errors like drowsy driving or drunk driving. If you have suffered the misfortune of an injury motorcycle accident in Texas, do you know your rights? If you’ve lost a loved one in a fatal motorcycle wreck, do you know the legal process in order to see justice served? The following article, from Beaumont motorcycle accident attorney Michael Grossman can answer those questions and give you useful information on Texas motorcycle wrecks. With over two decades of proven experience in Texas personal injury and wrongful death cases, the motorcycle accident lawyers of Grossman Law Office can help you through this challenging time.

Motorcycle Accidents can be Much Different, and More Complicated than Car Wrecks

A motorcycle accident site attests to the easily perceived differences between car crashes and motorcycle wrecks. Motorcycle accidents often produce more severe injuries and greater likelihood of death. In fact, according to the Texas Department of Transportation, two-thirds of all motorcycle accidents in Texas result in serious injury or death to motorcycle riders. There were 434 fatal motorcycle accidents in 2009, or 14 percent of all traffic fatalities in Texas that year. Also, 5,800 motorcycle riders or passengers suffered injury in 2009. The devastating results of many motorcycle accidents are easily understood due to the lack of protection for the motorcyclist and/or passenger. A passenger vehicle is designed to offer much greater protection in an accident than a motorcycle. Even the most well-designed and properly built motorcycles from Ducati, Honda, Kawasaki, Suzuki, Yamaha, Harley-Davidson, Buell, Triumph, and other manufacturers cannot prevent severe injuries from occurring as a result of even a comparatively small motorcycle wreck since such bikes just don’t have an outer frame to protect a rider and/or passenger.

Unfortunately, many people fail to grasp why this protection shortcoming leads to a major difference in the way that such accidents must be handled legally. For instance, while many passenger vehicle accident claims can be handled without either party needing an attorney’s assistance, rare is the occasion where a motorcycle accident claim does not need the capable guidance of a knowledgeable Texas motorcycle accident law firm. This is because of the greater chances of serious to severe injury, or death. So the amount of compensation that may be at stake will cause an insurer to fight antagonistically against the injured victim or a bereaved family if the accident is a fatal one. Without the assistance of an experienced Texas motorcycle attorney, such a victim may not understand the full value of their claim and may be vulnerable to accepting a lowball offer from an insurance company. Without legal help on your side defending your interests at all times, you may be taken advantage of by opponents who work for their own good, not yours.

Motorcycle Injury Accidents in Texas

Motorcycle accident injuries can be mild, such as bruises and scratches. Road rash is a common, though minor, motorcycle injury. However, if road rash is not treated within the proper amount of time, the injury can worsen through infection.

But more often, motorcycle wrecks produce life-threatening injuries: such as brain damage, major spinal cord trauma, massive internal injuries or loss of limbs. As is the case with every personal injury lawsuit, it’s important that a victim immediately receive medical attention so that their possible case may not suffer from a failure to treat their injuries. For instance, if a motorcycle accident victim fails to seek medical help for road rash and the rash develops into a life-threatening infection, the party or parties responsible for the motorcycle accident cannot be held accountable for such an infection because of the victim’s inattention to the injuries. Motorcycle riders are tough. But after a wreck, “toughing it out,” is not a wise choice.

Serious motorcycle accident injuries often include broken bones. Motorcycle, riders and passengers are often ejected from the bike and thrown onto the ground. The brute force of such a collision consistently results in broken arms, legs, ribs, and skulls, even if a helmet Is worn. While such injuries require medical attention (and their corresponding expensive bills), a motorcycle accident victim with a broken bone may also suffer financial distress due to the loss of mobility that often severely affects their ability to work. Through a Texas personal injury lawsuit, such an injured motorcyclist can seek compensation for their lost wages in addition to medical bills, pain and suffering.

We’ve mentioned that severe motorcycle injuries include disfigurement, spinal cord injury, and traumatic brain injury. Each of these can result in life-long medical disability and possibly require round-the-clock medical care for a very long time. Burn injuries can occur which produce not only severe pain and suffering for a victim, but permanent disfigurement. Scars on the face, hands, legs, neck, or back end up being lasting reminders of a motorcyclist’s harrowing ordeal. The loss of limbs: such as an arm or leg amputation, drastically change an accident victim’s quality of life. Furthermore, each of these issues can cause a victim to suffer extreme emotional duress. A personal injury lawsuit in Texas can seek compensation for all of these legal damages so that an injured person can work toward healing and coping with their serious motorcycle accident injuries.

Texas motorcycle helmet law requires anyone under-21 years of age to wear a helmet while riding a motorcycle. Those over 21 have the option of wearing a helmet so long as they have completed a Texas motorcycle rider training course or can show proof of having health insurance. While arguments for and against motorcyclists having to wear helmets have waged for years, the benefits of wearing a helmet are difficult to be refuted. As an aside, we’ve seen enough motorcycle accident victims to know that all who drive or ride a motorcycle should wear a helmet. The most severe motorcycle accident wounds, traumatic brain damage and some spinal cord injuries, may be lessened, and even prevented by the use of a helmet.

Nevertheless, these injuries can produce paralysis and often result in a victim becoming paraplegic or quadriplegic, which completely alters their life. And with such a severe injury comes substantial medical debt, a lot more than the state-minimum insurance amount of $10,000. Those who have suffered severe motorcycle accident injuries may be the ones most in need of seeking proper legal counsel in order have the best chance at winning full and fair compensation that can help cover the exorbitant medical costs often associated with traumatic brain and spinal cord injuries. Depending on the severity of the victim’s injuries in a motorcycle wreck, he or she may require medical attention for a day or a month: for years or the rest of their life. Without a knowledgeable Beaumont motorcycle accident attorney on your side that can be just as aggressive in protecting your rights as your opponents who would deny them to you, you will receive much less than what your case is likely worth.

Thoroughly Investigating Fatal Motorcycle Accidents in Texas Identifies All Liable Parties

The Texas Department of Transportation reports that at least one motorcyclist dies each day in our state. This sobering reality is more personalized by reinterpreting it this way: One family loses a loved one every day somewhere in Texas in a fatal motorcycle crash. If you have experienced this tragic misfortune, our Texas wrongful death attorneys can assist you in discovering the truth of the accident scene so that each and every liable party can be properly identified and brought to justice for their negligent behavior. When an accidental death occurs due to the negligent actions of another driver, the surviving family members have the right to bring a wrongful death civil lawsuit against the negligent party or parties in order to win compensation for both wrongful death damages and survival damages.

While only one family member can seek survival damages on behalf of the killed motorcyclist, multiple family members may seek wrongful death damages for the financial losses they may have suffered as a result of the death of their loved one. Prior to filing such a lawsuit, a bereaved family should contact a fatal motorcycle accident attorney in Texas in order to have an independent investigation conducted. Once concluded, each liable party can then be sued for their particular role in causing, or contributing to, the wreck. The Beaumont fatal motorcycle accident lawyers at Grossman Law Office have over two decades of experience in investigating fatal accident scenes. This experience enables us to understand complex vehicle accident scenes and know when to dig deeper in order to ensure that all parties responsible for your loved one’s loss are identified. Through such efforts, together we can work to ensure that the negligent parties are brought to justice for causing you and your family so much pain and loss.

Did a Drunk Driver Kill your Family Member in a Texas Motorcycle Accident?

As is the case in drunk driver accidents involving passenger vehicles, drunk driving motorcycle accidents may result in a lawsuit being brought against a negligent bar or restaurant. Due to Texas dram shop law, a bar or restaurant that over-serves alcohol to a customer who then gets on the road with their vehicle and causes harm to themselves or to others can be held partially liable for helping create the circumstances that produced the drunk driving wreck.

For instance, a first party dram shop cause of action can be pursued if a drunk motorcyclist wrecks their bike and causes injury to themselves. A third party dram shop lawsuit can be pursued if a drunk car driver strikes a motorcyclist. In either instance: if the intoxicated driver was over-served alcohol at a bar or restaurant prior to the accident, the person who was injured can seek compensation from the negligent alcohol-serving establishment. In a third party dram shop lawsuit, the injured party can seek compensation from both the drunk driver and the negligent bar or restaurant. The same issues of liability also apply to instances of wrongful death. However, establishing that a person was over-served alcohol at a bar prior to a drunk motorcycle accident can be challenging for those without deep experience in proving such cases. The Texas drunk driving accident lawyers at Grossman Law Office have a thorough understanding of dram shop laws in Texas and can assist you in making sure that all liable parties are held accountable for their negligence.

Motorcycle Defects and Product Liability

Another cause of motorcycle accidents are mechanical failures due to poor maintenance and/or product defects. Most passenger cars will have some type of recall or service bulletin which recommends a minor change to address a known flaw. But, as the old adage says, when something goes wrong on a motorcycle, it goes very wrong. When motorcycles work well they are precarious enough to begin with, as the drivers must be much more attentive to this method of travel in order to simply remain upright. When a mechanical failure occurs, the rider may quickly lose control of the motorcycle, and, unfortunately, it is less likely that a motorcycle will simply be able to coast to the side of the road if this happens.

And though uncommon, some motorcycles are sold with inherent flaws due to poor design or engineering. Many more are simply negligently manufactured and a vital component fails under the real world stresses and loads that come with their intended use. A brake proportioning valve that is improperly biased, an engine bearing that fails, a chain that breaks, etc. can all instantly lead to a wreck that causes a catastrophic injury. In the event that such a failure causes the injury or death of a motorcycle rider, Texas law allows the victims to bring a product liability claim against the manufacturer. In some instances, multiple parties can become defendants. For example, if a motorcycle is sold by a particular manufacturer and some component (a brake caliper for example) fails, then either (or both of) the manufacturer or seller of the bike and the supplier of the individual part may be liable, depending, of course, on the extent of negligence of both parties. And if the motorcycle is made in another country, then the distributor is liable for any rider or passenger injuries.

Product liability claims for defective motorcycles are complex legal matters and you cannot base any part of your claim on speculation. Your attorney must identify and preserve a considerable amount of evidence. Simply saying “The throttle cable broke” is not sufficient. Plaintiffs have the burden of proving that the failure was the result of negligence by the manufacturer. And it is therefore vital that the specific cause of the failure be clearly identified and revealed in court. In order to be successful in such a claim, a thorough evaluation must be performed on the defective components by a qualified engineer who will submit an expert report which pinpoints the precise nature of the failure. Additionally, the motorcycle and all accompanying accessories must themselves be stored in such a way that they can be used as evidence in your civil trial.

Most product liability claims that fail do so because the person bringing the claim did not adequately catalogue and preserve evidence that justifies their claim. A non-attorney or one with little experience in motorcycle accident investigations simply does not have a good enough understanding of the issues that are addressed. Product liability cases are beyond the scope of many attorneys. And we strongly suggest that no lay person even consider bringing a product liability claim on their own. That’s why it is very important that you hire an experienced and competent Texas motorcycle accident attorney.

Motorcycle Maintenance Issues and Misrepresentation of Condition

Shoddy maintenance provided by a professional service shop can also contribute to serious injury. Again, when something goes wrong in a car, the car can often be limped back to the shop where it can be repaired. However, a mechanical failure on a motorcycle due to poor maintenance can cause a catastrophic accident and its accompanying severe injuries or even death. Sadly, not all motorcycle repair shops hire thoroughly qualified technicians. A less-than-diligent mechanic may commit an oversight that results in a failure. In such an event, a negligence claim may be brought against the repair shop in question.

Some mechanical issues are not the result of an oversight at all. In some cases, a private seller or even a dealership will knowingly sell a motorcycle that is in poor mechanical condition, and some will even go so far as to hide the extent of the poor condition. For example, our firm was recently contacted by a gentleman who purchased a sport bike from a licensed dealer. Upon riding the motorcycle home, the buyer noticed that the motorcycle was not behaving properly. Fortunately, he took it to a repair shop for inspection before he had an accident or suffered any injuries.

The repair shop soon discovered that beneath the new fairings the triple tree was cracked (which could obviously be disastrous), the radiator was not properly attached, and, most importantly, that the frame was damaged and masked with body filler and spray paint. In short, this motorcycle was previously wrecked. But rather than junk it, the dealer made cosmetic repairs and sold it as if it were in good condition. Not only is this a violation of the Deceptive Trade Practices Act, this motorcycle could very easily have claimed the life of the buyer. In such an event, naturally the dealership who sold the motorcycle would be liable for their negligence and such a deceptive attempt to sell an unsafe motorcycle may also precipitate punitive damages. But private sellers are also liable for such offenses as well, not only civil but possibly even criminal.

Insurance Adjuster and Jury Bias in Texas Motorcycle Accident Cases

Motorcycle riders may discover that they face a bias in connection to their motorcycle accident. Much of the general public perceives motorcyclists as a wild bunch, reckless in their ways and heavy on their throttles. And when you file a civil case for damages, insurance adjusters and defense attorneys will be sure to wave this bias as often as they can in order to compel a jury to see an injured motorcyclist as being the one who is actually responsible for their own accident. But this doesn’t begin with the trial. From the moment the insurance company knows of the accident, their experienced adjusters will use this misperception in order to place as much blame as possible on the motorcyclist themselves. They’ll use adjusters to try to find ways to deny your claims.

Unfortunately, even if a motorcyclist has sustained severe injuries due to a Texas motorcycle wreck, an insurance adjuster will likely still work to have a claim denied despite the likely obvious need of an injured motorcyclist to receive fair compensation, long before the trial. This is one of the main reasons why any injured motorcycle rider would do well to consider talking to a Beaumont motorcycle accident attorney before attempting to handle their claim or case on their own. With so much to lose in compensation choosing to work alone, or with substandard legal representation, is simply an action that you likely can’t afford to take.

These adjusters may call you repeatedly, asking innocent-sounding questions about your accident. Their inquiries may seem harmless. But they’re usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will probably be recorded and could come back to haunt you as evidence against your claim when it’s time to go to court. After all, if an adjuster can persuade a judge or jury that a motorcyclist is mostly at fault for their own wreck, then the adjuster likely stands to save his or her company a substantial amount of money. The accident injury clients of Grossman Law Office have learned from us the best way to deal with insurance adjusters: just don’t deal with them at all. Adjusters don’t call our clients, we take them instead. When adjusters can’t talk to our clients, they don’t have a chance to twist their words around and use those words against them.

Our motorcycle accident lawyers understand that most motorcyclists are safe drivers, because they have to be. They are very attentive to their surroundings; enjoy riding their hog on a sunny weekend or even around town. Thousands of Texans appreciate the cost-effectiveness of using a motorcycle as their means of economical transportation. These riders consider their own safety, their passengers’ safety, and the safety of those around them while riding their motorcycles.

However, simply stating that a motorcyclist that was involved in any type of accident was known to be a safe driver is not enough evidence to convince a judge or jury that that is in fact the case. Relevant evidence from the scene of the wreck must be obtained and properly preserved so that it is admissible in court. Through the use of this evidence, in addition to eyewitness testimony (and third-party expert testimony when necessary) our attorneys can help you bear the burden of proof in showing how a negligent driver was the cause of your accident. Without such proof, your words will net you nothing in compensation. Evidence is necessary in order to refute any biases that may be working against a motorcycle accident victim.

As another example of such aggressive behavior by an insurance company, finds one offering an injured victim or bereaved family quick compensation. More often than not, this amount of money is accompanied by papers that a victim must sign in order to receive this sum. However, this tactic is a shrewdly calculated move based on cost-efficiency. The settlement is almost always a lowball offer that may appeal to a victim in need of quick cash. However, the acceptance of such an unmediated settlement means that a victim also signs away their rights to bring a lawsuit against those responsible for their injuries: permanently! Essentially, if an insurance company can get to a motorcycle accident victim before that person has had an opportunity to discuss their legal options with an experienced Texas motorcycle accident lawyer, that company often stands a greater likelihood of settling the matter for as little money as possible. If they cannot get the claim dismissed completely, this is often their next best bet.

So here’s some free advice that any experienced attorney worthwhile will tell you. Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. The insurance company wants you to accept a “low ball” settlement in order to save their own money. Don’t let them take advantage of you. In fact, it’s never a good idea to discuss any details of your intentions, or anything else surrounding your injury or case, with anyone other than immediate family, without a lawyer to protect your interests.

Do You Need a Texas Motorcycle Accident Attorney?

There are a multitude of reasons why you should consider contacting Beaumont motorcycle accident lawyer Michael Grossman if you have suffered an injury due to a motorcycle wreck or if you have lost a loved one due to a fatal motorcycle accident in Texas:

• We understand vehicle accident law in Texas. With two decades of relevant experience investigating motorcycle crashes, 18-wheeler wrecks and auto accidents, we know what, and, more importantly, who, to look for in connection to Texas vehicle accidents of all types.
• We can help you seek compensation for medical costs. Even relatively minor motorcycle wrecks can result in serious to severe injury. Such injuries can require extensive medical attention with resultant high medical costs.
• If you are having difficulty finding proper medical attention, we can usually help you find the right healthcare provider to treat your injuries; often at no charge to you.
• We are a proven wrongful death law firm in Texas. In the last twenty-plus years, we have walked with many families through difficult times and help them get the justice they deserve against those liable defendants who are responsible for stealing their loved ones.
• We have ample experience in drunk driving accident cases in Texas. Our attorneys understand dram shop law and are willing to put in the investigative hours in order to hold negligent bars and restaurants accountable for their actions that cause not only motorcycle wrecks, but all vehicle accidents. We hate drunk drivers.
• We understand the technical details involved in motorcycle accidents, including those caused by defective parts. When necessary, we seek the help of experts who can provide invaluable expert testimony in certain cases. And we have deep experience in successfully litigating defective product lawsuits
• We understand that an undercurrent of bias against motorcyclists may exist in some circumstances. We will work to show a judge or jury, through relevant evidence, the truth of your motorcycle accident case so that those responsible for your terrible wreck will be held properly accountable.
• We have a hard-won reputation against aggressive insurance adjusters and defense attorneys. In fact, we have faced nearly every major insurer in the country. They know us and they respect us. And when they discover we’re “on the case,” they often settle fairly with our clients.

Beaumont motorcycle accident law firm of Grossman Law Office is retained by you, we become your full legal partner that solely deals with insurance adjusters, their bosses and the lawyers who represent them.. Since they know they can’t take advantage of our knowledgeable attorneys, we’re able to fight more aggressively for your rights at every turn. With ample knowledge, proven experience, and a well-earned reputation, Texas motorcycle accident attorney Michael Grossman and his bike accident lawyers in Texas at Grossman Law Offices are ready to help you through this challenging time. To learn more about your legal options, contact us today at 1-855-338-0170 (toll free), send us an email, or fill out the form at the top of this page for a free consultation.

We’ll listen, share our opinion on your case, the challenges we can help you overcome, and put you on the road to recovering your rightful legal damages for medical bills, pain, suffering and other expenses you are due from a motorcycle accident. And in the doing, we can help you reclaim peace of mind and the dignity you ought to have: dignity that others wish to deny you. Don’t be made a victim twice. You deserve better than that.