El Paso Motorcycle Accident Lawyer

El Paso Motorcycle Accident Lawyer Michael Grossman Explains Your Rights Following a Motorcycle Accident

Every day, approximately 400,000 Texans hit the roads and highways of the Lone Star State on the backs of motorcycles. Due to the widespread popularity of riding motor bikes, accidents involving motorcycles are unfortunately quite common and can happen as a result of a wide variety of reasons from a harmless mistake like momentary inattention to a more serious offense like drunken driving.

When you’ve been injured in a motorcycle accident, you need to know what your rights are and whether or not you have the grounds for a legitimate lawsuit against the party or parties who caused the wreck. El Paso motorcycle lawyer Michael Grossman and his associates at Grossman Law Offices know how overwhelming the legal process can be for novices, and we want to help you navigate this challenging time. For the past 20 years, our law firm has been helping people who have suffered injuries in motorcycle accidents seek the compensation they deserve for the harm that has been done to them. Now, we offer the benefit of our experience with this informative article in order to help inform you about the confusing legal process in which you find yourself. Once you have a better understanding of the relevant information involved with motorcycle accidents in Texas, you can make the best decisions to pursue the compensation you deserve for the injuries you’ve sustained.

Motorcycle Accidents are Unique

In order to see how motorcycle accidents differ from car accidents, you only need to examine the damage – victims of motorcycle accidents usually sustain far greater damage and are fare more likely to be killed than victims of car wrecks. According to statistics released by the Texas Department of Transportation, 434 motorcycle riders died in wrecks in 2009, representing 14 percent of all traffic fatalities in the state, and another 5,800 motorcycle riders suffered serious injuries in wrecks. When motorcycles are involved in accidents in the state of Texas, two-thirds of the motorcycle riders involved suffer serious injury or death. It doesn’t take a brain surgeon or rocket scientist to understand why motorcycle riders face such danger when they are involved in wrecks – motorcycles simply lack the protection afforded to the drivers and passengers in standard motor vehicles. No matter how well a motorcycle is constructed, the vehicle just doesn’t provide an outer frame to protect the rider or any passengers.

The increased hazard caused by motorcycle wrecks changes the nature of the legal process to secure compensation. Injury claims from auto accidents can often be resolved through the insurance claims process without the need of a lawyer or a lawsuit. However, in motorcycle accidents, the injuries are more serious, and conversely costly, in nature, so insurance companies will be that much more likely to resist compensating the victim adequately. In many cases, the only way for a motorcycle accident victim to get the restitution he or she deserves is through the help of a skilled El Paso motorcycle accident attorney. If you don’t have the help of someone who has extensive familiarity with the compensation process, you are likely to be taken advantage of by the insurer and could settle for a settlement offer that is far less than you deserve.

Motorcycle Injury Accidents in Texas

Not all motorcycle accidents are life-threatening. While death, traumatic brain injury, and spinal cord damage does often occur in motorcycle accidents, mild injuries such as bruises, scrapes, and cuts are much more common. Road rash is probably the most common injury resulting from motorcycle accidents, when the rider spills out and then severely scrapes away a portion of skin. While only a minor injury, road rash can become infected if not properly cleaned and treated. Thus, road rash illustrates the importance of seeking timely medical attention immediately after you have suffered an injury in a motorcycle accident. By treating the injury immediately, you not only document the injury, but you are also protecting yourself legally. When you don’t seek treatment immediately and the condition worsens, then you could be assuming liability for the injury someone else caused due to your negligent refusal to responsibly treat the situation. You can’t expect to hold someone else responsible for an infection that was caused because you did not seek medical assistance for your injuries.

In other incidents, motorcycle accident victims experience much more severe injuries, as they are often thrown from the vehicle in a wreck as a result of the lack of protection and constraint provided by the motorcycle. An airborne motorcyclist rarely comes down softly and usually ends up with a variety of broken bones. While not particularly expensive to repair, broken bones often result in missed work and lost wages – a portion of which can be recovered through a personal injury lawsuit.

In the most severe injury situations, motorcycle accident victims can suffer spinal cord injuries, brain trauma or disfigurement that leaves them permanently disabled and in need of medical treatment and care, as well as, life accommodations. While scars can be embarrassing and sober reminders of one’s past ordeals, burns and amputations cause even more havoc in one’s life, with burns requiring years of painful recovery and amputations greatly reducing quality of life. Any of these severe injuries not only causes physical pain, but emotional and mental trauma, as well, for which the victim is entitled to be compensated in the state of Texas.

In the United States, there are only 20 states that require all motorcyclists to wear helmets, and Texas is not one of them. Texas only requires motorcycle riders who are less than 21 years of age to wear helmets. Anyone over 21 can avoid wearing a helmet by taking a training course or providing proof of health insurance. While opponents of helmet laws feel very strongly that they have the right to feel the wind through their hair, the facts firmly support the importance of wearing a helmet while riding a motorcycle. The use of a helmet can greatly reduce the chances the rider sustains a brain or spinal cord injury during a wreck that could lead to paralysis or some other form of lifelong disability that requires constant medical attention and lifelong accommodations. Such treatments are extremely expensive, and motorcycle victims are often forced into sizable debt as a result of their injuries. Unfortunately, the more costly the injuries sustained in a wreck, the more resistance the party who caused the wreck or his or her insurer will put up in order to avoid paying. Thus, the greater the damage sustained, the greater the need for a competent and capable El Paso motorcycle accident attorney.

Whether you need a day, a month, a year, or a lifetime of treatment following the injuries you have suffered in a West Texas motorcycle accident, bills can run from thousands and soar all the way up into the millions, depending upon the injury. Without a skilled and experienced El Paso motorcycle accident attorney who is imminently familiar with the process, you will likely be taken advantage of by aggressive insurance adjusters who are trying to protect their policies against a sizable claim. Don’t take the chance that you will be tricked into accepting less than you deserve for the injuries you have suffered.

Texas Motorcycle Fatalities

According to the Texas Department of Transportation, someone dies in a motorcycle accident in the Lone Star State on average every 18 hours. To put it more personally, somebody loses a family member in a fatal motorcycle wreck in this state more than once a day. If this tragedy has befallen your family, then the El Paso motorcycle accident attorneys at Grossman Law Offices want to help you make sure everyone who caused your loved one’s death is brought to justice and made to pay for his or her negligence. If someone else’s negligent behavior caused the death of your loved one, then you have the right to seek compensation through a wrongful death lawsuit. When it comes to motorcycle accidents, however, several different parties may have done something to cause the accident. Thus, you often need the help of an experienced El Paso motorcycle accident lawyer just to figure out who caused the accident and whom you need to file suit against.

Through a wrongful death lawsuit, the surviving family members may seek both wrongful death damages and survival damages. Surviving spouses, children, parents, and some other dependent relatives have the right to pursue wrongful death damages, which are designed to compensate them for their individual losses as a result of their loved one’s death – funeral bills, medical bills charged to the deceased before he or she died, mental and emotional trauma, loss of monetary support supplied to the family by the victim, and loss of familial love and consortium.

On the other hand, survival damages can only be sought by the closest living relative of the deceased who has the right to pursue the damages the victim could have sought in a personal injury lawsuit had he only been injured in the accident. Survival damages may include lost wages during the time the victim would have spent in recovery, lost future earning potential caused by any long-term disabilities, physical pain and suffering, and the victim’s mental distress dealing with the injury. Making sure that your family is compensated is not the only reason to file a wrongful death lawsuit after a fatal motorcycle accident. You also want to make sure justice is dispensed to the party or parties who caused your loved one’s death. When it comes to fatal car accidents, the negligent party will likely not be facing criminal charges, unless he or she caused the accident intentionally or while under the influence of alcohol or drugs. The only way you can bring them to justice is through a wrongful death lawsuit. Moreover, as we mentioned, it’s not always easy to figure out who is responsible for a wreck.

If a defective bike or car caused the wreck, then the manufacturer could held accountable. If a drunk driver caused the fatal accident, then the drinking establishment that over-served the driver may also be held responsible. When sorting through all of the possible reasons a fatal motorcycle accident happened, you need the help of a seasoned El Paso motorcycle accident attorney who knows how to conduct a timely and professional investigation. At Grossman Law Offices, our attorneys have been investigating and litigating motorcycle accident cases for 20 years, and we leave no stone unturned in identifying all of the liable parties and finding the evidence to make sure they are brought to justice. We also know how important it is to investigate quickly before the evidence at the accident scene changes or is altered. As soon as we’re hired, we race to the scene of the accident to begin our investigation, finding and questioning witnesses, sequestering and examining all of the vehicles involved, locating and viewing any video or photographic evidence, measuring the distance between skid marks and the point of impact, and sorting through all of the available physical evidence.

Motorcycle Accidents Involving Drunken Drivers

As we mentioned earlier, when a motorcycle accident involves a drunken driver, then in some instances, a lawsuit can be filed against the bar or restaurant that served the driver past the point of intoxication. In the state of Texas, a person is considered to be legally intoxicated when his or her blood alcohol concentration exceeds .08 percent. It’s illegal for such a person to even be in public, let alone operating a motor vehicle. Thus, drinking establishments must takes measures to ensure that their patrons do not reach this level of intoxication. When they fail to attempt to do so and recklessly serve patrons past the point of intoxication, they are just as liable for any damage as the driver themselves. If a motorcyclists drinks past the point of noticeable intoxication at a drinking establishment and then injures or kills him or herself in a wreck, then the victim or the victim’s loved one can file a first party dram shop case against the negligent bar. However, if a drunken motorist runs over a motorcyclist, then the biker or his or her family can pursue a third party dram shop claim against the drinking establishment, as well as, the driver. The concepts hold true for personal injuries and wrongful deaths. In addition to motorcycle accident litigation, Grossman Law Offices has also been handling dram shop cases for 20 years, so again we can make sure all liable parties are brought to justice.

Defective Motorcycles and Product Liability

Some motorcycle accidents occur as a result of defective motorcycles – especially in recent years as boutique shops started sprouting up across the country, making one-of-a-kind bikes. Unfortunately, as the old saying goes, “when something goes wrong on a motorcycle, it goes very wrong.” Riding a well-maintained and constructed motorcycle is a difficult task. When a bike is defective, the biker may put into danger at astonishing speed.

When motorbikes are sold with design or engineering flaws that lead to accidents, then the victims may pursue compensation from the manufacturer through a product liability lawsuit. Moreover, if a component part breaks down during use, like the brakes, a tire, or a chain, the victim can pursue compensation from the maker of the part and the bike. Thus, in many cases, there will be multiple defendants, with liability divided among them according to their degree of liability.

As if that doesn’t sound intricate enough already, you must be able to prove a product liability claim with concrete evidence. If a broken brake line, caused your wreck, it’s not enough to say your brake line broke. You need the help of a qualified engineer who can examine the defective machine, determine why it failed, and then testify as to the source of the problem in court in such a way as to convince the jury of your right to compensation from the manufacturer of the motorcycle. Furthermore, the vehicle must be locked down and preserved to be admissible in court.

In case you thought otherwise, expert witnesses don’t hang around outside the courthouse waiting to testify. It takes years of experience handling similar cases to develop relationships with the right expert witnesses. After two decades, our El Paso motorcycle accident lawyers have built consulting relationships with a wide variety of mechanical, engineering, and medical experts we have learned to depend upon to help us win motorcycle accident litigation.

Lack of Zen in Motorcycle Maintenance and Representation of Condition

When a professional mechanic has been charged with the care of the vehicle and fails to provide proper service, leading to an accident, then a personal injury or wrongful death lawsuit can be filed against the mechanic. This is a particular problem when it comes to motorcycles, since many mechanics are self-trained and unsupervised.

In other cases, someone may try to pass off a damaged bike in a sale when they know it is dangerous. To illustrate, we recently represented a man, who had been sold a bike only to immediately notice it didn’t seem to be handling properly. Thus, he took it directly to a repair shop and learned the triple tree was cracked, the radiator was not assembled properly, and the frame was not only damaged but had been concealed with tape and spray paint. The dealership tried to trick him into taking a previously wrecked bike off their hands. As it is, the dealership had violated the Deceptive Trade Practices Act, but if he had gotten into an accident, then the dealership would have been on the hook for punitive damages.

Overcoming Bias in Motorcycle Accidents

Years of inundation by the media and many less-than-savory motorcyclists has created a negative preconception of bikers for many Texans. People are inclined to believe that bikers are reckless motorists who are inclined to lawlessness, speeding, and careless riding. It’s not easy to get a jury to overlook these prejudices. Moreover, insurance adjusters and defense lawyers know about the common misperceptions about bikers and will try to use it to their advantage, hoisting as much of the blame as possible on the motorcycle rider. If they can convince the jury that the victim was more than 50 percent responsible for the wreck, then they can avoid all liability in the state of Texas.

Ironically, the more damage you sustain in a wreck, the harder the insurance adjusters will attempt to deny your claim, so they can save more money for their company. When it comes to motorcycle accidents, they often have more success due to the prejudice involved. You have too much to lose in such a case to leave yourself unprotected against skilled and experienced insurance adjusters and defense attorneys. You need the help of a trial-tested El Paso motorcycle accident attorney to protect your rights and preserve your ability to be compensated. The only way to defeat experience is with experience. Our attorneys at Grossman Law Offices know how to make juries ignore their prejudices and respond to the facts of the case.

At Grossman Law Offices, we’re sympathetic to the plight of the modern motorcyclist. We understand that most motorcyclists aren’t lawless members of some gang, but just normal people who enjoy riding their bikes down the highway for pleasure or saving a few bucks on gas as they commute around town. We know that most bikers are concerned for their own safety and that of others. However, we also know that you will need evidence to convince the jury that you were not at fault. The only way to find this evidence is through an extensive investigation conducted by a skilled professional. Then, you need a skilled attorney to use the evidence to force a favorable settlement or bolster it with expert testimony to sway the jury in your favor. No matter how much you deserve compensation, without the help of compelling evidence and a good lawyer, you’re not likely to receive the restitution to which you are entitled.

Taking on Aggressive Insurance Adjusters

As we already stated, insurance adjusters are not interested in helping you receive compensation but only in saving their companies money. In many cases, the only way they can get ahead in their field is by denying claims or finding ways of greatly reducing their value. Some pushy insurance adjusters will therefore resort to whatever means necessary to achieve their goals. They will try to suggest the biker was responsible. If that doesn’t work, then they will try to suggest another negligent party was to blame for the wreck. If that fails, then they will hound you with a litany of confusing questions designed to get you to admit your liability or trick you into saying something that could devalue to the total cost of your injuries. You may make the mistake of choosing to represent yourself, but the insurance company won’t be as foolish. They are armed with skilled attorneys who will investigate and find evidence to deflect blame from their policyholder.

In some cases, the insurance adjuster who looks like your friend is the most dangerous challenge to your ability to be compensated. Sometimes, they will tell you that they want to help you and make a quick settlement offer. However, if the insurance adjuster makes you an offer before you have a lawyer, then you should be very skeptical. If they think they can’t beat your case, then they will make a sub-par offer designed to save their company money, and this offer is contingent upon the victim surrendering the right to sue for more in the future. DO NOT SIGN ANYTHING before you have consulted with an attorney. Only an attorney who has seen years and years of similar cases can tell the difference between a fair offer and a con job. Protect your right to be compensated! Hire a skilled El Paso motorcycle accident attorney, so you are not taken advantage of by the insurance company.

Why Grossman Law Offices Can Help You

If you have been injured or a loved one has been killed in a motorcycle accident, then Michael Grossman and his associates at Grossman Law Offices can help for a wide variety of reasons, such as:

• After 20 years handling these cases, we have a thorough understanding of motorcycle accident law and how to investigate motorbike accidents.
• If you fear that you can’t afford to see a doctor or can’t pay your medical bills, then we can put you in touch with a medical professional who will take this into account when arranging a payment plan.
• We have proven our ability in wrongful death cases. If someone else’s negligence robbed you of a loved one, then we will make sure they pay for what they have done.
• In addition to motorcycle accident cases, we’ve been handling drunken driving and dram shop lawsuits for two decades, as well. We’re not leery of the hard work and man-hours required to prove a case against a drinking establishment.
• We understand the technical side of motorcycle wrecks, and we have consulting contacts with virtually every kind of expert that could be needed to testify in a motorcycle accident case.
• We know how to help the jury overcome any prejudices they may have against bikers and concentrate on the evidence and the facts of the case.
• Over the years, we have developed a hard-fought reputation as a law firm to be reckoned with, and this often enables our clients to force fair settlement offers out of the defendants without the uncertainty and stress of a jury trial.
• We will protect you from the insurance company’s tricks. Once we are hired, we assume all communications with the insurance company. Our clients can’t slip and mistakenly say something that could damage their case or sign away their right to sue for an unfair settlement, because our attorneys buffer them from any communication with the insurance company.

El Paso motorcycle attorney Michael Grossman and his associates have the experience, knowledge, and track record of success to help you get the compensation you deserve if you’ve been injured or a loved one has been killed in a motorcycle accident. Call us now for a free consultation at 1-855-338-0170, and you can tell your story to a trained professional. Once we’ve heard about your accident, we can explain your legal options and answer any questions you may have. Call now. You can’t afford not to.