Corpus Christi Motorcycle Accident Attorney

Corpus Christi Motorcycle Accident Attorney Michael Grossman: Motorcyclists Have Legal Rights When in a Bike Crash

Almost a half million motorcyclists regularly use Texas roads and highways. Their reasons are as diverse as those who “bike” in Texas and range from pleasure to saving their precious energy dollars. But with more of you on the road, the chances of an accident occurring are even greater. And it’s certainly happened to some of you visiting this page.

It probably comes as no surprise that motorcyclists are being hit in Texas with greater frequency and for a diverse number of reasons: from simple driver distraction to more egregious errors like drowsy driving, drunk driving or even reckless disregard. If it is your misfortune to have suffered recent injury in a 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 to assure that justice is served? This article, from Corpus Christi accident lawyer Michael Grossman can answer those questions and give you useful information that will be useful in dealing with this motorcycle wreck. 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 Wrecks are a Different, More Complicated Animal than Car Accidents

The fact that motorcycle mishaps often produce more severe injuries and greater likelihood of death is probably the clearest difference between them and car crashes. So it’s no surprise to learn that, according to the Texas Department of Transportation, two-thirds of all motorcycle accidents in Texas result in serious injury or death to riders and passengers. There were 434 fatal Texas motorcycle wrecks in 2009, or 14 percent of all other traffic fatalities (around 25,500) in Texas that year. Also, 5,800 motorcycle riders or passengers suffered injury in 2009. The devastating fallout of many motorcycle accidents is easy to grasp 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. Because the simple physical fact is that an unprotected body hurtling out of control or some unexplained reason runs a much higher risk of serious injury or death. You bikers accept that risk. But you shouldn’t be penalized for it, as you sometimes are. So read-on as we will discuss this a bit more throughout the article.

Unfortunately, many people fail to grasp why this protection deficiency 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. The greater chances of serious to severe injury, or death just can’t be ignored. So the amount of compensation that may be at stake will cause an insurer to fight aggressively against the injured victim or a bereaved family if the accident was fatal. Without the assistance of an experienced Texas motorcycle attorney, bike wreck victims may not grasp the full, but realistic, value of their claim and may unwittingly accept a lowball offer from an insurance company. Without a Corpus Christi motorcycle accident attorney on your side to defend your interests at all times, you may be taken advantage of by opponents who work for their own good, and against yours.

Motorcycle Injury Accidents in Texas Can be Devastating to Victims and their Families

Motorcycle accident injuries can be mild, such as bruises and scratches and (and sometimes embarrassment). Road rash is a common. It’s usually minor, but if left untreated for more than a day or two, road rash can worsen through infection.

But more typically, 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 not only will they heal as quickly as possible, but so as not to compromise their legal position due to 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 infection arising from the injuries because the victim did not attend to the injuries. Yes, motorcycle riders are tough. But even after a minor mishap, “toughing it out,” isn’t very smart.

Serious motorcycle accident injuries usually come with broken bones. Riders and passengers are most always ejected from the bike and thrown onto the ground or become a guided missile through the air. 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 the expensive bills that accompany them), 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 win compensation for their lost wages in addition to medical bills, pain suffering in addition to other damages.

We’ve mentioned that severe motorcycle injuries include disfigurement, spinal cord injury, and traumatic brain injury. Each of these can produce life-long medical disability and possibly require perpetual round-the-clock medical care. Burn injuries happen too, 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 cyclist’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 experiences can cause a victim to suffer extreme emotional duress. A personal injury lawsuit in Texas can request compensation for all of these legal damages so that an injured person can work toward healing, coping with their serious motorcycle accident injuries and moving forward with their life as best they can.

Texas motorcycle helmet law requires anyone under-21 years of age to wear one while riding a motorcycle. As long as they have completed a Texas motorcycle rider training course or can show proof of having $10,000 or more in health insurance that covers motorcycle accident injuries, those over 21 have the option of wearing a helmet. And even though arguments for and against the required wearing of helmets have waged for years, the benefits of wearing a helmet cannot 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 because they do clearly save lives. The most severe motorcycle accident wound, traumatic brain damage (and some spinal cord injuries) may be lessened, and even prevented by using a helmet.

Nevertheless, these injuries can produce paralysis and often result in a victim becoming a paraplegic or quadriplegic. And that completely alters their life. With such a severe injury comes substantial medical debt, a lot more than the minimum state-required personal injury insurance amount of $10,000. Those who have suffered severe motorcycle accident injuries are often the ones most in need of proper legal counsel in order have the best chance at winning full and fair compensation that can help recover 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 from a day to a month, or years, or the rest of their life. Without an aggressive and knowledgeable Corpus Christi motorcycle accident attorney on your side to protect your rights as, you will receive much less from your opponents who work to deny you those rights.

Texas Fatal Motorcycle Accidents and the Need to Identify All Liable Parties

According to Texas Department of Transportation, at least one motorcyclist dies each day in our state. This poignant 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 are now living with this sudden, tragic misfortune, Grossman Law Office and its Corpus Christi motorcycle accident lawyers can assist you in discovering the truth of the accident scene. The mission is to properly identify every liable party and bring them to justice for their negligent behavior. When an accidental death occurs because of the negligent actions of another driver, the surviving family members have every legal 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 so that an independent investigation can begin: and the sooner the better! Once concluded, each liable party can then be sued for their particular role in causing the fatal wreck. The Texas motorcycle accident attorneys with Grossman Law Office have over two decades of experience in investigating fatal accident scenes. This experience empowers 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 every negligent defendant is 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 in addition to the drunk driver. Due to Texas dram shop laws, a bar or restaurant that over-serves alcohol to a customer who then gets behind the wheel of their vehicle and causes harm to themselves or to some unwitting cyclist can be held seriously liable for helping create the circumstances that produced the drunk driving wreck.

But also, a first party dram shop cause of action can be pursued against the bar or restaurant 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 and then caused the accident, the person 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, how they work, and can assist you in making sure that all liable parties are held fully accountable for their negligence that produces your injury or the death of your motorcyclist loved one.

Accidents Caused through Motorcycle Defect or other Product Liability

Another cause of many motorcycle accidents are mechanical failures due to poor maintenance. Another large cause comes through defective motorcycles or products. 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, simply because the mistake happens on two wheels. 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, past a broken chain, bikes can’t always easily coast to a stop at the side of the road. They fall: hard!

And though uncommon, some motorcycles are sold with inherent flaws due to poor design or engineering. Many more are simply negligently manufactured, or a vital component fails under the real world stresses and loads that come with their intended use. An improperly biased brake proportioning valve, an engine bearing that fails, a sudden blowout on the front wheel at 50 MPH, 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 in such causes. 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 possibly even the supplier of the individual part if it is foreign made.

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 during investigation. 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. So it is therefore vital that the specific cause of the failure be clearly identified and revealed in court. In order to be successful with 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 by your Corpus Christi motorcycle accident attorney 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 capable 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 an automobile, the car can often safely “limp” to the repair center where it can be fixed. However, a mechanical failure on a motorcycle due to poor maintenance can suddenly cause a catastrophic accident and its accompanying severe injuries or even death. Sadly, not all motorcycle repair shops hire thoroughly qualified technicians. A slip-shod mechanic may make a repair mistake that results in a failure and cause a bike accident tragedy. 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 or carelessness at all. In some cases, a private seller or even a dealership might knowingly sell a motorcycle in poor mechanical condition. Some might even go so far as to hide the true condition of the motorcycle. 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 immediately took it to a repair shop for inspection before an accident (and injuries) could happen.

The repair shop soon discovered that beneath the new fairings the triple tree was cracked (which could obviously be disastrous). But that wasn’t all. The radiator was not properly attached, and, most importantly, the frame was damaged and masked with body filler, then spray painted to hide the work. In short, this motorcycle was previously wrecked, and not lightly either. But rather than junk it, the dealer made cosmetic repairs and sold it as if it were in good condition. Not only did this dealer violate 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 bring punitive damages, and maybe even criminal charges.

The Biases That Injured Motorcyclists Must Overcome to Win Injury Damages

Motorcycle riders may discover that they face a prejudice in connection to their motorcycle accident. Much of the general public sees “bikers” as a wild bunch, reckless in their ways, heavy on their throttles and averse to living responsibly. And when you file a civil case for damages, insurance adjusters and defense attorneys will be sure to wave this negative notion as often as they can in order to compel a jury to see the injured motorcyclist as the one who is actually responsible for their own accident. This doesn’t begin with the trial, but the morning after the wreck. From the moment the insurance company knows of the accident, their experienced adjusters use this misperception to slyly place as much blame as possible on the motorcyclist themselves. This is a popular tactic by insurance companies to try and find ways to deny your claims.

Unfortunately, even if a motorcyclist has sustained severe injuries in a Texas motorcycle wreck, an insurance adjuster will likely still work to have a claim denied, even in the face of the obvious need of an injured motorcyclist to receive fair compensation. Insurance companies and their adjusters are an early, and clear, reason why any injured motorcycle rider is making a strategic mistake by not talking to a Corpus Christi motorcycle accident lawyer before deciding to handle their claim or case on their own. With so much to lose in compensation if you go the self-representation route, or hiring substandard legal representation, you must ask yourself the question, “can I afford to take this risk?"

Insurance adjusters call you repeatedly. They ask innocent-sounding questions about your accident. Their inquiries may seem harmless, or at least like they’re trying to help you. But the point is, they aren’t. Their actions are usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will likely be recorded and could come back to haunt you as evidence against your claim when it’s time to go to court. And if an adjuster can persuade a judge or jury that a motorcyclist is mostly at fault for their own wreck, then the adjuster has done his job by saving his or her company a substantial amount of money. Grossman Law Office’s accident injury clients have learned from us the best way to deal with insurance adjusters: let us handle the adjusters. That way they can’t call our clients. They must deal with us. Adjusters who can’t talk to our clients don’t have a chance to twist their words around and use those words against them.

Our motorcycle accident lawyers understand that most cyclists are safe drivers, because they have to be. They are very attentive to their surroundings; enjoy riding their hog on a sunny weekend, around town for pleasure or commuting to work on them to save gas money. Thousands of Texans appreciate the cost-effectiveness of using a motorcycle as their means of economical transportation. These are cyclists who consider their safety, their passengers’ safety, and the safety of those around them as they sensibly ride their motorcycles every day.

However, simply stating that a motorcyclist who is 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. Forensic records must also be secured. Through the use of this evidence, in addition to eyewitness testimony (and third-party expert testimony when necessary) our attorneys can help you successfully bear the burden of proof in showing how a negligent driver was the cause of your accident, not you. Without such proof, your words will mean nothing in proving liability or rightful damage compensation. Clear evidence is necessary in order to refute any biases that may be working against a motorcycle accident victim, and the insurance company’s adjusters and lawyers when they try to hide behind this lie.

And as ironic as it seems, the aggressive behavior exhibited above is accompanied by an insurance company that also offers that same injured victim finds one offering an injured victim or bereaved family quick and woefully light damage compensation. More often than not, this amount of money is accompanied by papers that a victim must sign in order to receive this paltry sum.

However, this tactic is a shrewdly calculated move based on cost-efficiency. It’s like they’re quietly admitting guilt, but not enough to pay rightful damages. The settlement is almost always a lowball offer that may appeal to a victim who’s not thinking clearly, or is 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! So if an insurance company can sneak into a motorcycle accident victim’s life before that person has had an opportunity to discuss their legal options with an experienced Corpus Christi motorcycle accident attorney, that company 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.

OK: Now Ask Yourself, Do You Need a Texas Motorcycle Accident Attorney?

You’re the one who needs to answer the question now that you have the facts. But here’s some free advice that any experienced attorney will give 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 your intentions, or anything else about your injury or case, with anyone other than immediate family: unless you have a lawyer to protect your interests. And when you get one who has experience, do what he tells you to do.

There is a long list of reasons why you should consider contacting Corpus Christi 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, inside-and out. 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 with Texas vehicle accidents of all types.
• We can help you get paid for all your medical costs. Even relatively minor motorcycle wrecks can result in serious to severe injury. And your injuries, even if they start-out as comparatively trivial, can require extensive medical attention with resultant high medical costs.
• If you are having difficulty finding proper medical attention, we can likely help you find the right healthcare provider to treat your injuries; often at no initial charge to you.
• We are a proven wrongful death law firm in Texas. In the last 20-plus years, we have carefully navigated 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 laws 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 work hard to show a judge or jury, through relevant evidence, the truth of your motorcycle accident case overcomes those preconceived negative notions and that those responsible for your terrible wreck are 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 their opposition, the chances of them settling fairly with our clients significantly rise.

We can help prevent you from being taken advantage of by an insurance company. When you retain the Corpus Christi motorcycle accident law firm of Grossman Law Office, 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 turn them back in the fight for your rights. With ample knowledge, proven experience, and a well-earned reputation, Texas motorcycle accident attorney Michael Grossman and his bike accident lawyers at Grossman Law Office are ready to help you through this challenging and questionable time in your lives. To learn more about your legal options, contact us today at 1-855-338-0170 (toll free) or send us an email, or fill out the form at the top of this page for a free consultation.

Don’t be made a victim twice after your motorcycle accident that is caused by someone else’s negligence. You deserve better than that.