San Antonio Motorcycle Accident Attorney

San Antonio Motorcycle Accident Attorney Michael Grossman Discusses a Motorcyclist’s Rights Following a Bike Accident

The wide open roads of Texas are inviting to almost half a million motorcyclists every year. With more than 400,000 motorcyclists crossing the roads of Texas, the potential for accidents to occur are many.

Motorcycle wrecks in Texas can happen for various reasons, ranging from driver distraction to serious errors such as drowsy driving or driving while impaired. If you have had the misfortune of a motorcycle accident in Texas, do you know your rights? If you have lost a loved one due to a fatal motorcycle wreck, you are aware of the legal means available to you, to see justice done? No? The following article by San Antonio motorcycle accident attorney Michael Grossman of Grossman Law Offices will help you answer these questions by providing relevant information on motorcycle wrecks in Texas. With two decades of proven experience in the Texas injuries and cases of suspicious death, San Antonio motorcycle accident attorney Michael Grossman to help you through this difficult time.

The Difference in Car and Motorcycle Wrecks

Motorcycle accident sites provide easily observable differences in car accidents and wrecks on a bike. Motorcycle accidents often result in serious injuries and a greater likelihood of death. According to the Texas Department of Transportation, two-thirds of all motorcycle accidents result in serious injury or death of the motorcyclist. There were 434 fatal motorcycle accidents in 2009, about 14 percent of all traffic fatalities in Texas. In addition, 5,800 motorcyclists or passengers were injured in 2009. Devastating consequences to many motorcycle accidents are easy to understand due to lack of protection for the rider, and/or their passengers. Cars, by their very construction, will provide much better protection in an accident than what is afforded a motorcycle rider.

Unfortunately many people do not see that this difference leads to a significant difference in how such incidents should be handled in the legal world. For example, while typical car accident claims can be handled without any of the parties probably need assistance of a lawyer is a rare occasion when a motorcycle accident compensation need not be able guidance of law firm experienced in motorcycle accident law in Texas. Because of the increased risk of serious injury or death, the amount of compensation that may be involved will cause an insurer to fight aggressively against the interests of an injured victim or the surviving family. Without the help of an experienced San Antonio motorcycle accident attorney, a victim does not understand the full value of their claims, and may be likely to accept a lowball offer.

Texas Motorcycle Injury Accidents

Motorcycle accidents can cause damage and a series of injuries. Motorcycle accident injuries can be mild, such as bruises and scratches, or they can cause even near fatal injuries such as brain or spinal cord injuries. Road rash is a common, albeit small, type of motorcycle injury. However, if the rash is not treated within the right amount of time, the damage can worsen the infection. As each cause of injury, it is important that the victim seeks medical attention, or they will suffer from a possible case of failure to mitigate damages. For example, if in the motorcycle accident, the victim did not seek medical help and road rash will develop into a life-threatening infection, a party or parties responsible for a motorcycle accident can not be held responsible for such infections.

Serious injury motorcycle accidents are fractures and broken bones. Due to the nature of open riders and passengers are often ejected from the motorcycle and thrown. The raw power of such a collision with the ground often leads to broken arms, broken bones or fractures. While these injuries require medical attention (and future medical expenses), those who suffered a motorcycle accident with a broken leg may also suffer economic losses due to loss of mobility, which can seriously affect their ability to work. With a personal injury lawsuit by an experienced San Antonio motorcycle accident attorney, a motorcyclist injured can seek compensation for their lost wages.

Motorcycle injuries can include severe disfigurement, or spinal cord and traumatic brain injuries. Each of these injuries can lead to lifelong medical conditions that require round the clock care. Burns can occur causing pain and suffering of the victim and disfigurement. The scars on the face, hands, legs, neck or back can leave lasting reminders of a terrible ordeal. The loss of members, such as amputation of an arm or a leg amputated, can severely reduce the quality of life of a person. In addition, each of these problems can cause victims to suffer extreme emotional pressure. Following the injury a victim may claim compensation on the basis of these topics to such injured person can work towards healing injuries.

Motorcycle helmet law in Texas requires that those under 21 must wear a helmet when riding a motorcycle. Those older than 21 have the opportunity not to wear a helmet, provided they have completed the motorcycle rider training course in Texas or can show proof of health insurance. Although the arguments for and against motorcyclists’ need helmets were argued for many years, the benefits of wearing a helmet is hard to refute. The most serious motorcycle accident injuries, spinal cord and brain injuries can be avoided by using a motorcycle helmet. These injuries can lead to paralysis and often lead the victim to develop lifelong, life-altering disease requires constant attention. Such serious damage can result in substantial medical debt.

Depending on the severity of injuries sustained in a motorcycle accident, the victim may require medical attention for days, months, years, or life. This can run up huge medical expenses, from thousands to millions of dollars. Thus, any insurance firms that have to pay exorbitant amounts, even justly deserved, for the victim's wound will fight against it. Without the help of experienced San Antonio motorcycle accident attorney on your side, who can be just as aggressive as the insurance companies to protect the rights, you can be paid a lot less than what your case is probably worth.

Those who have suffered a serious motorcycle accident injury can be the need to find a good attorney to review your legal options, so the full and fair compensation could be sought which can help cover the astronomical medical expenses often associated with traumatic brain injury and spinal cord problems.

Fatal Motorcycle Accidents in Texas

The Texas Department of Transportation reported that a fatal motorcycle accident in Texas occurs every day. This concern is compounded by the fact that it could be reinterpreted: A family loses a loved one every day, somewhere in Texas due to a fatal motorcycle accident. If you had the unfortunate tragedy of losing a loved one in a fatal motorcycle accident in Texas, our Texas lawyers experienced in wrongful death litigation can help uncover the truth of the scene so that each liable party can be properly identified and brought to justice for their negligent behavior. When an accidental death due to negligence of another party, the surviving members of the family are entitled to file a civil lawsuit against the wrongful death of the negligent party or parties to claim compensation for death damages and survival damages.

Although only one family member can seek damages on behalf of the motorcyclist who was killed, several members of the family can claim damages for wrongful death could suffer financial losses due to the death of their loved one. However, many causes for wrongful death are pursued in order to apply specifically for compensation. While compensation is a necessary part of the process of wrongful death cases, and works to help bereaved families fighting the financial losses experienced in the wake of a physical loss, wrongful death damages also serve to place liability on all responsible parties for their actions. Before filing a claim, a grieving family can contact San Antonio fatal motorcycle accident attorney Michael Grossman, so that an independent investigation is carried out, which can be used to determine what happened in a deadly cycle accident, so that all parties are held liable. Each party will then be able to sue for their special role in causing or contributing to an accident.

The San Antonio fatal motorcycle accident attorneys at Grossman Law Offices have two decades of experience in the investigation of fatal accident scenes. Therefore, they are able to understand the complex scenes of vehicle accidents and knowing when to dig deeper to ensure that all parties responsible for the loss of a loved one are. Through these efforts, together we can ensure that negligent parties are brought to justice for having caused so much pain and loss.

DUI Motorcycle Accidents

As is the case in accidents with drunk driver involving cars, drunken motorcycle accidents can result in a lawsuit against a negligent bar or restaurant. Because of Texas dram shop laws, bars or restaurants that are over-serving alcohol to a patron, to where they exceed a level of 0.08, and the drunken behavior then causes harm to themselves or others may be partially responsible for such a drunk driving wreck. For example, dram shop litigation is prosecuted if a drunk biker wreck their bikes, and cause injury to themselves. Another cause of Dram Shop action can be prosecuted if a drunk driver hits a motorcyclist. In both cases, if the driver was drunk too drunk due to alcohol served at a bar or restaurant is the cause of the accident, the injured party can seek damages against the establishment for negligently serving alcohol.

In a case dram shop third party action, the injured party to seek compensation from both the drunk driver and neglect bar or restaurant. The same question also applies to cases of suspicious death. Determining if a person has been over-served alcohol in a bar before a drunken motorcycle accident can be a challenge for those without prior experience in proving such cases. The Texas drunk driving accident lawyers at Grossman Law Offices has 20 years experience in drunk driving accidents in Texas. We have a comprehensive knowledge of law DRAM shop in Texas and can help ensure that all responsible parties are held accountable for their negligence.

Motorcycle Defects

Another source of motorcycle accidents are the mechanical failures of poor maintenance or product defects. Most cars have some kind of sale or service bulletin recommends that a small change in the address of a known bug. But as the old adage says, when something goes wrong with a motorcycle, it goes horribly wrong. When the bikes are working well enough, the rider usually doesn’t know there’s a problem brewing. After mechanical failure, the driver can quickly lose control of the bike, and unfortunately, it is unlikely that a motorcycle can simply coast to the side of the road in such circumstances.

Even the bikes the most well-designed and built Ducati, Honda, Kawasaki, Suzuki, Yamaha, Harley-Davidson, Buell, Triumph and other major motorcycle manufacturers can not ensure there won’t be a defect or failure that results in serious damage caused by a motorcycle accident.

Motorcycle Product Liability

Although rare, some bikes come with inherent flaws due to poor design or engineering. Many others are simply negligent constructed so that a vital part of failure in the real world limitations and burdens that come with the intended use. A metering valve of the brake line is wrong, there’s a motor bearing failure, a critical cable snaps, etc, and it can lead to catastrophic injuries. In the event that such breach caused the injury or death of a motorcyclist, Texas law allows victims to file complaints against the manufacturer's product liability. In some cases, several parties to become the accused. For example, if a bike is sold by a particular manufacturer and not the components (a caliper, for example), as the manufacturer or seller of motorcycle and the provider of the individual is responsible, depending of course the extent of the negligence of both parties.

Products Liability claims for motorcycles are complex legal issues, and you can not link a portion of your claim on speculation, you must obtain and retain a significant amount of evidence. You just saying "It's the broken throttle cable" is not enough. Applicants must demonstrate that failure is the result of negligence on the part of the manufacturer, and it is therefore essential that the precise cause of error is detected. To succeed in such an application, a detailed assessment of failed components of a qualified engineer can supplement the expert report detailing the exact nature of the error. In addition, motorcycles and all accessories should be stored so they can be used as evidence in the trial.

Most product liability claims don’t bear fruit because the person bringing the matter is not sufficiently cataloging and preserving evidence to substantiate their claims. A non-lawyer simply does not have a sufficient understanding of the procedural issues raised in this kind of case. Product liability cases are outside the realm of even most lawyers, and we recommend not bringing a product liability claim their own. It is important that you hire a San Antonio motorcycle accident lawyer experienced and knowledgeable in these kinds of cases.

Problems of Motorcycle Maintenance and Statements of Condition

Poor servicing of a bike can also contribute to serious injury. Once again, when something goes wrong with the car, the car can often be kept at the store where it can be corrected. However, mechanical failure of poor maintenance of the motorcycle can lead to a catastrophic event, causing serious injury or even death. Unfortunately, not all of the bike repair shops hire qualified technicians. Less-than-diligent mechanics can make mistakes which leads to failure. In this case, the alleged negligence can be applied for this workshop.

Some mechanical problems are not the result of an oversight at all. In some cases, an individual or dealer may knowingly sell a bike that is in poor technical conditions, and some even hide the extent of poor condition. For example, our firm was recently approached by a man who bought a sport bike from a dealer. Riding to his house, the buyer realized that the bike did not behave properly. Fortunately, he took the bike to a repair shop for inspection before he had an accident or injury. The repair shop quickly discovered that under the cowling the stem was broken (which can obviously be disastrous), the radiator was not secured properly, and most importantly, the frame was damaged and masked with putty and paint spray. In short, this bike had been totaled and the dealer made cosmetic repairs and sold it as being in good condition.

When a motorcycle has a defect like this, not only is it a violation of the Deceptive Trade Practices Act, this bike could easily cost the lives of the buyer. In such cases, the dealer who sold the bike course would be responsible for their negligence and such a misleading attempt to sell a motorcycle can also be dangerous rush of punitive damages.

Insurance Adjusters and Jury Bias

Riders may face bias in the context of his motorcycle accident. From the general public’s view riders are wild, reckless in manner and very much at fault for anything that happens. Insurance adjusters and defense attorneys will be to stoke the fire of this bias that the jury may be compelled to see a motorcyclist injured more often complicit in his own accident. In other words, insurance experts use of this false perception of blame as much as possible. After all, if an expert can compel a judge or a jury to believe a rider is essentially to blame their own injuries, and it is likely to save their company a substantial amount of money.

Unfortunately, while a motorcyclist was seriously injured due to a motorcycle accident in Texas, an insurance adjuster will probably still work to have a claim denied despite the obvious need for receiving fair compensation. This is a major reason why any injured rider would do well to consider talking to a San Antonio motorcycle accident lawyer before trying to manage their claim on their own. With much to lose any compensation (which can be put to such matters as past and future medical bills, costs of property damage, lost wages, pain and suffering), the decision to work alone or with sub-standard legal representation, is simply an action that you can’t afford to have undertaken. With the help of legal counsel from the San Antonio motorcycle accident attorneys at Grossman Law Offices we can take action against a bias and unscrupulous adjusters.

Our San Antonio motorcycle accident lawyers understand that many motorcyclists are safer drivers. They love riding their choppers and hogs up on a sunny weekend or heading down to Austin for the ROT Rally each year. Thousands of Texans appreciate the cost effectiveness of using a motorcycle as their primary means of transportation. These riders consider their own safety, the safety of their passengers and the safety of those around them while riding their motorcycles. But just for a motorcyclist who 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 this is indeed the case. Relevant evidence from the scene of the motorcycle accident to obtain, and such evidence must be obtained in the right way, so it can be assumed to court.

But you should know that without legal assistance on your part to defend your interests, you could be exploited by the opposition’s legal assistance which operates in its own interest and not yours.

Aggressive Insurance Adjusters

As mentioned above, insurance regulators, who operate a motorcycle accident claims, loses a significant amount of money in their company if the victim of such a claim is granted. This is the last thing you want to happen, regardless of the actual needs of the victim adequate compensation. In some cases, a raise or bonus can be attached to a lot of money that an insurance adjuster can save their company. Thus, an insurance adjuster can work harder towards their good and evil, the victim or the bereaved family. As such, they are often used in a variety of tactics to control claim denied or diminished.

For example, an insurance adjuster will try to blame as much as possible of any other entity other than his client. If most of the blame can be placed in a motorcycle accident on the victim, the claim will be rejected. If the blame can be placed on several parties, the client of the insured will pay less compensation. As a result, aggressive insurance adjusters do everything possible to divert as much as possible to blame others. They badger the victim of a motorcycle accident with questions, hoping to cloud the victim's memory of an accident. These errors will be recorded and used convincingly against a victim in court to deny the validity of the testimony of the accident victims.

Another example of aggressive behavior, an insurance adjuster may offer the victim's injury or the bereaved family of a quick settlement. More often than not, this compensation is not on par with the injuries. This tactic is cleverly calculated move by the cost-effectiveness. The most likely lowball offer, i.e. the amount they can afford to lose, and they rely on the victim needs cash fast. However, the acceptance of this initial settlement means that the victim also sign away their rights to prosecute those responsible for injuries. In essence, if the insurance adjuster can be reached before the victim of a motorcycle accident that the person has had the opportunity to discuss legal options with an experienced San Antonio motorcycle accident attorney, the adjustor is often more likely to resolve the issue less money as possible.

We gather the evidence needed to prove your case. Through the use of such evidence, in addition to eyewitness testimony (and expert testimony, if any), our lawyers can help bear the burden of proof, showing how a party's negligence was the cause of their accident. Without such evidence, his words are empty and the network for anything in return. Evidence is needed to dispel the prejudices that may be working against the victim of a motorcycle accident.

In addition, if the insurance defense lawyers have made a thorough examination of the scene of the accident (and the applicant has to have done its own research), the insurance adjuster can use these elements to create a very clear case against a victim a motorcycle accident. Without relevant evidence to back up your story, you are little or no chance to repeal the charges against you. If they can not claim rejected entirely, it is often their next best gamble.

Do I Need A San Antonio Motorcycle Accident Attorney?

There are many reasons why you should consider contacting counsel for your Texas motorcycle accident, whether you have been injured in a motorcycle wreck, or if you have lost a loved one due to a fatal motorcycle accident in Texas:

• We understand the vehicle accident laws in Texas. With two decades of relevant experience examining 18-wheeler wrecks, automobile accidents and motorcycle accidents, we know what and above all, to seek in connection with motor vehicle accidents in Texas of all types.
  
  
• We can help you claim compensation for medical expenses. Even bike wrecks with relatively minor damages can cause serious injury. These injuries may require extensive medical care with the resulting high medical expenses.
  
  
• We have a proven wrongful death claim track record in Texas. In the last twenty years we have walked many families through difficult times, so you can see is well guilty of stealing their loved ones.
  
  
• We have extensive experience in drunk driving accidents in Texas. Our lawyers understand the DRAM Shop Law, and are ready for use is often difficult to keep working for negligent bars and restaurants in accountable for their actions.
  
  
• We know the technical details involved in a motorcycle accident, including those caused by defective components. If necessary, we try to help the experts who can provide valuable evidence of experts, in some cases.
  
  
• We understand that a background of prejudice against bikers may exist in certain circumstances. We will work to show a judge or jury, by appropriate evidence, indeed a motorcycle accident, so that those responsible for a motorcycle wreck will be held fully responsible.
  
  
• We have a hard-earned reputation for aggressive insurance adjusters and defense attorneys. In fact, we have almost every major insurer in the country. They know us and respect us.
  
  
• We can prevent you being taken advantage of by an insurance company. When San Antonio motorcycle accident attorney Michael Grossman is engaged, we alone handle the insurance adjuster. We are able to fight aggressively for their rights at every turn.

There is a wealth of information, experience, and a well-deserved reputation earned by the San Antonio motorcycle accident attorney Michael Grossman and his motorcycle accident lawyers at Grossman Law Offices. For more information on legal options, contact us today toll-free 1-855-338-0170 for a free legal advice.