Midland Motorcycle Accident Lawyer

Midland Motorcycle Accident Lawyer, Michael Grossman, Explains the Legal Rights When a Biker Is In a Crash

Because Texas has more than half a million motorcycle licensees, accidents involving these particular riding machines probably will happen. No place is exempt from these bike riders, whether it is on a city street, a highway, or a country road, motorcycles and the people who ride them are all over the place.

The reasons why motorcycle accidents happen are countless. From the kickstand becoming dislodged from its safety position and suddenly or gradually dropping downward and, consequently, flipping the bike and its driver to some foreign object lying in the roadway that the motorcyclist does not see in time to automobile drivers not being focused on their surroundings only to see the bike and driver at the very last minute when it is too late to avoid contact. If you or someone you know or love has been injured in a motorcycle accident, you have legal rights that entitle you to seek justice by filing a legal claim for financial reimbursement.

Drunk Driving Motorcycle Accidents in Midland

If the driver of any type motorized and licensed vehicle is drunk, and has an accident, it makes no difference whether the driver is a motorcyclist, drives a passenger vehicle, or drives a truck, etc., one would almost automatically assume that the person solely responsible for the accident is the drunk driver. However, circumstances have shown over and over that this may not be the open and shut case it appears to be.

The great State of Texas has what is referred to as the Texas Dram Shop Law. This law helps protect the public by making not only the drunk driver responsible for his or her actions, but it also holds certain individuals responsible for the drunk driver’s actions as well. It is to be expected that if a drunk motorcyclist causes injury to another person or persons, he or she can be held legally responsible for these actions. But under the Texas Dram Shop Law the responsibility is even more far-reaching. If a drunk motorcyclist causes injury to him or herself and to another person and/or property, not only can the inebriated motorcyclist be held liable, but others as well. If the motorcyclist had recently left a restaurant that served him or her alcohol and it could be proved that the bike rider was drunk prior to leaving the establishment, the beverage server and the owner of the restaurant owner could be jointly and severally liable of serving too much alcohol to the patron. The same goes for a tavern owner or the proprietor of a bar should either of them knowingly over served alcohol to a customer who clearly shows signs of already have too much to drink. The Texas Dram Shop Law even goes one step further in an effort to hold those individuals responsible for drunken driving accidents. The liquor store owner or their employee(s) can also be brought into accountability when it might appear to be a matter of simple greed in just getting that almighty dollar from the customer without regards to public safety. If a customer attempts to purchase alcohol from a liquor store and the store owner or an employee of the liquor store owner chooses to disregard the fact that the customer is visibly inebriated and the employee negligently proceeds with the sale, one or both of the liquor store parties or individuals could be held liable for the ensuing vehicle accident and damages sustained.

The injured third party victim in the drunken driving accident can file a lawsuit charging not only the drunk motorcyclist with liability, in addition to the restaurant or tavern owner and/or their waiter(s) or the liquor store owner and/or their employee(s) as well. If an unfortunate death occurred, family members have the right to file a lawsuit charging those same individuals with Wrongful Death.

However, the theory of ‘over-serving’ alcohol to an already tipsy individual is easy to assume, but not so easy to prove. To prove this cause of action, only retaining the services of a well-seasoned and successful courtroom attorney should even be considered. The Midland drunk driving accident attorneys at Grossman Law Offices will step up to your defense with twenty (20) years of litigation experience behind them. Attorney Michael Grossman and associates have successfully defended case after case for their clients using the Texas Dram Shop Law to bring those responsible to legal and financial accountability.

Motorcycle Accidents vs. Car Wrecks

The very design of the typical motorcycle and its two or three-wheel design with no protective surrounding framework, as compared to that of an automobile, makes the driver an almost certain recipient of massive body trauma should an accident occur. So it goes without saying that accidents involving motorcyclists and passenger vehicles almost always end with very serious injuries to the motorcyclists if not death. By comparison, the very design of a typical passenger vehicle with its protective surrounding framework does give the driver considerably more protection. Consequently, riders or the driver of a passenger vehicle can be expected to have far less serious injuries than that of a bike rider or driver.

Because of the structural difference in an automobile and motorcycle, collisions between the two have just cause to be handled differently. In everyday-type accidents where both drivers have passenger vehicles, quite often no legal consultation or legal representative is needed or necessary. It is a simple matter of drivers exchanging driver license information, driver’s tag numbers, and exchanging information about each driver’s insurance provider. However, with the structural differences of the motorcycle and the passenger vehicle, odds are there is going to be extensive property damage and extensive personal injury to the motorcyclist than to the passenger vehicle or the passenger vehicle’s driver. With this scenario in mind, it is advisable that only a competent legal and experienced attorney be retained as soon as possible.

Although there is no law against it, it is suggested that under no circumstances should a novice or inexperienced individual attempt to legally represent him or herself in such a case. Some defense attorneys will use tricks and attempt to play mind games with seasoned prosecutors. When the defense attorney discovers a novice is representing him or herself, the novice almost never gets the judgment in what should have otherwise been a very satisfactory financial recovery had the claimant considered choosing an attorney with a reputation of successful ‘wins’. Grossman Law Offices have such a reputation for being prepared in the courtroom, of staying the course in defense of their clients interests, and the result has been win after win. Grossman and associates also have noted successes in out-of-court negotiated settlements and their reputation precedes them.

Midland Motorcycle Injury Accidents

Personal injuries resulting in motorcycle accidents can be very serious to say the least. More often than not, personal injuries resulting in a motorcycle accident are fatal. One such injury that begins as being more painful than anything else is that of road rash of road burn. Road rash also called road burn occurs when the driver has lost control of the bike and bike and driver go down to the pavement. The driver is often entangled with the bike as both slide along the pavement and the driver’s skin comes into contact with the pavement also. Bleeding cuts, abrasions, scrapes, scratches, and sometimes torn skin is the result. Should these injuries not get immediate medical attention, over time infection becomes a serious problem and the victim might have lost that window of opportunity to legally address these damages in reference to financial recovery.

Road rash/road burn is an initial minor concern that could turn very serious, but in addition to this type injury, there are injuries that are way more serious in the aftermath of a motorcycle-related collision. Broken bones, neck, back, and hip injuries, fractures, internal damage to include spinal injuries, amputation of limbs as the force of the body makes contact with pavement and is relentlessly drug, paralysis, brain injuries, and decapitation has been known to happen in some instances. In addition to trauma to the body, the loss of a steady paycheck due to injuries and rehabilitation and, quite possibly, never being able to return to work, and the outlay of out-of-pocket expenses can be mind-boggling. According to Midland Law, a motorcyclist who suffers personal injury has the legal right to sue for damages to seek financial reimbursement to include out-of-pocket expenses, prostheses, and reconstructive surgery and on-going medical attention which cansometimes be for life.

Fatal Motorcycle Accidents in Midland

According to Texas Department of Transportation statistics, there is at least one fatal motorcycle accident every day on the streets, by-ways, or highways of Texas. The law is specific in outlining who may sue for what. Family members who have lost a loved one in a motorcycle-related fatality may all sue for Wrongful Death damages but only one surviving family member of a motorcycle-related fatality may sue for survival benefits due to the negligence of others. Unless those family members retain the services of a competent attorney who is very knowledgeable in the area of motorcycle accidents and who has a winning track record of courtroom ‘wins’, the various legal rights that should be pursued may not get addressed.

The Midland motorcycle drunk driving attorneys of Grossman Law Offices have over twenty (20) years of litigation experience and successful ‘wins’ in courtroom judgments and in out-of-court negotiated settlements. In addition to Grossman and his noted associates, Grossman’s skilled team of investigators will not stop until they have uncovered and discovered every truth as it relates to defending the client. The overall theme or motto of both the Grossman litigation team and the investigative team seems to be “Indepth discovery means financial recovery” and their civil award-winning accolades and their hundreds and hundreds of successful client financial recovery judgments speak volumes.

Motorcycle Defects

A motorcyclist has to assume responsibility for his or her motor bike with timely and scheduled maintenance. A poorly maintained bike is a accident looking for a place to happen. If not via an official manufacture recall, when there is found to be a problem in the mechanism of the motor bike, a wise biker will get that motor bike to a repair shop immediately. Unlike most automobiles that give the driver some warning and time for the driver to pull over and out of traffic, when a motorcyclist finally realizes there is a problem, he or she is usually airborne or struggling to keep the machine upright.

Motorcycle Maintenance Issues and Misrepresentation of Condition

Oddly, a bike rider can be ever so diligent in making certain to follow the scheduled maintenance charts as suggested bu the manufacturer and still he or she could experience a serious injury related to the maintenance of the bike. Even though the repair shop might be professionally operated and give the appearance of employing qualified mechanics, that is not always the case.

Certified mechanics come with a price for their services and rather than pay what these employees are worth, some repair shops employ ‘shade tree’ mechanics instead. The repair shop owner might save on the front end by not paying top dollar for certified mechanics or technicians, but in the end everybody looses. The motorcyclists literally takes his life in his hands when he puts that motor bike on the road as a result of an untrained or uncertified worker performing repair work on a motorcycle. The repair shop owner stands to loose everything when a motorcycle accident or fatality occurs and there is a lawsuit. The untrained mechanic can be held liable also.

For a competent and veteran litigator, you need not look any further than Attorney Michael Grossman. He is a proven litigator with over twenty (20) years and hundreds and hundreds of courtroom successes and he is also known for his successful out-of-court negotiated skills. Call Grossman Law Offices toll-free at 1-855-338-0170. The initial legal consultation is at no cost to you. Our experienced litigators will listen as you explain your concerns and their response will be the result of over twenty (20) years of successful courtroom experience and financial recovery wins. Call us today.