Texarkana Motorcycle Accident Lawyer

Texarkana Motorcycle Accident Attorney Michael Grossman Discusses a Motorcyclist’s Rights Following a Bike Crash

With more than 400,000 motorcyclists in Texas on the road every year, there is a huge potential for accidents. Motorcycle wrecks in Texas you can have a variety of reasons, ranging from simple distraction of the driver by a passenger to the most egregious errors in the form of sleepy or drunk driving.

If you have suffered the misfortune of injury from a motorcycle accident in Texas, do you know your rights? If you have lost a loved one due to death in a motorcycle accident, do you know if you're using the right legal means to see justice work? In the following, Texarkana motorcycle accident lawyer Michael Grossman and Grossman Law Offices will help you answer these questions, providing the necessary information about motorcycle wrecks in Texas for you to make an informed decision. Two decades of experience in Texas personal injury and wrongful death cases means that Texarkana motorcycle accident lawyer Michael Grossman can help you in this difficult time.

Those who have suffered a serious motorcycle accident injury can be the need to find a good Texarkana motorcycle accident 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 motorcycle crashes.

Car and Motorcycle Wrecks Are Different

Motorcycle accident sites provide easily observable differences in car accidents and wrecks involving bikes. 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 a Texas motorcyclist. There were 434 fatal motorcycle accidents in 2009, about 14 percent of all traffic fatalities in Texas involved motorcycles. In addition, 5,800 motorcyclists or their passengers were injured in 2009. Devastating consequences in motorcycle accidents are easy to understand due to lack of protection for the rider or their passengers. A car, by its very construction, will provide much better protection if there’s an accident, unlike a motorcycle.

Unfortunately, many people do not see that this leads to a significant difference between the way such incidents are handled in the legal realm. For example, while a typical passenger vehicle claims can be processed by either party and is unlikely to need help as a lawyer, it is a rare thing for a motorcycle accident claim does not need legal involvement. Since the probability of an increase in serious injury or death, the amount of compensation that may be likely to cause the insurer to fight aggressively against the interests of the victim, the family of the deceased or injured. Without the help of a lawyer is able to understand motorcycle accidents in Texas, the victim does not realize the full value of their claims, and are inclined towards accepting the first lowball offer to come down the pike.

Injuries in Texas Motorcycle Accidents

Motorcycle accidents can cause damage from a series of injuries. Motorcycle accident injuries can be mild, such as bruises and scratches, fatal, or simply debilitating injuries such as brain or spinal cord injuries. Road rash is a common, but small, motorcycle injury. However, if the rash is not treated within the right amount of time, the damage can worsen through an infection. As each cause of injury, it is important that the victim seeks medical attention, so they can 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 the road rash develops into a life-threatening infection, a party or parties responsible for a motorcycle accident can not be held responsible for such infections.

Serious motorcycle accident injuries can be fractures and broken bones. Due to the open construction of a motorcycle, drivers and passengers are often ejected from the motorcycle and thrown on the hard surface of the ground. The brute force of a collision with the ground often results in broken arms, broken legs or broken bones. Although these injuries require medical attention and future medical expenses, those who suffered a motorcycle accident with a broken bone may also incur a financial loss due to loss of mobility that can seriously affect your ability to work. With a personal injury claim in Texas, a motorcyclist injured can seek compensation for their lost wages.

Serious injuries on a motorcycle may include disfigurement, spinal cord and traumatic brain injury. Each of these injuries can lead to medical conditions throughout possibly requiring round-the-clock medical care. Burns can occur due to both pain and suffering for a sacrifice and disfigurement. The scars on the face, hands, legs, neck or spine can leave permanent reminders of a harrowing ordeal. The loss of members, such as amputation of the arm, or leg amputation, can seriously reduce the quality of a person's life. In addition, each of these issues cause a victim to suffer extreme emotional duress. A continuation of injury in Texas can claim damages based on these questions so that such an applicant can work to heal and cope with their injuries.

Motorcycle helmet law in Texas requires that all children under 21 to wear a helmet when riding a motorcycle. More than 21 have the opportunity to wear a helmet, provided they have completed the motorcycle rider training course in Texas or able to show proof of health insurance. Although the arguments for and against motorcyclists need helmets were 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 accident. These injuries can lead to paralysis and often lead the victim to develop lifelong, life-altering disease requires constant attention. Such serious damage to the body means substantial medical debt.

Depending on the severity of injuries sustained in a motorcycle accident, a victim may require medical attention for a day, a month, for years or for life. This may be accompanied by medical bills that can run to millions of dollars. Therefore, any insurance policy may have to pay an exorbitant amount and they don’t want to. With the help of a Texarkana motorcycle accident attorney on your side, we can be equally aggressive in protecting your rights, so they can’t pay you less than what your case is probably worth.

Fatal Motorcycle Accidents in Texarkana, TX

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 for wrongful death can help uncover the truth of the scene so that each can not 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 damages death and survival Illegal damages.

Although only one family member can claim damages for the survival damages of the motorcyclist, several family members can claim wrongful death damages for economic losses they have suffered following the death of loved one. But many wrongful death actions are not pursued in order to seek specific damages. Although the compensation sought is a necessary element of any prosecution and wrongful death trying to help a grieving family with the financial losses experienced in the wake of the loss, a wrongful death lawsuit is also used to hold the parties accountable for their actions. Before filing suit, a bereaved family should contact a Texarkana motorcycle accident attorney to do an independent investigation to look into the cause of a fatal bike accident, so that all responsible parties will be discovered. Each player can then be prosecuted for their specific role in causing or contributing to the accident.

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.

On the other hand, if the defense lawyers of an insurance company conducted a thorough investigation of the scene (and that the applicant does not have an inquiry in its own name), an insurance adjuster can use this to create a reasonable doubt against a victim of a motorcycle accident. If there is no relevant evidence to support your story, you have little chance or not being able to refute the accusations against you.

Texarkana motorcycle accident attorney Michael Grossman and his team at Grossman Law Offices have two decades of experience in the investigation of fatal accident scenes. Therefore, we are able to understand complex vehicle accident scenes and know when to dig deeper to ensure that all parties are responsible for the loss of your loved one there. Through these efforts, we can work together to ensure that the parties brought to justice.

Motorcycle Design Defects and Maintenance Failures

Another source of motorcycle accidents are mechanical failures due to poor maintenance and / or product defects. Most cars have some sort of recall system or call a service that recommends a minor change for a known bug. But, as the old adage says, when something goes wrong on a motorcycle, it goes wrong very badly. When the bikes are working well, they require very considerable contribution for the rider to ride them properly. When mechanical failure occurs, the rider can quickly lose control of the bike, and unfortunately, it is less likely that a motorcycle will be able to coast along the road in these conditions.

Even the bikes the most well-designed and built such as those made by Ducati, Honda, Kawasaki, Suzuki, Yamaha, Harley-Davidson, Buell, Triumph and other major motorcycle manufacturers, cannot prevent serious damage caused by a motorcycle accident because of the inherent design of bikes. No bike has an outer frame to protect a rider or passengers.

Texas DUI Motorcycle Accidents

As is the case in accidents with drunk drivers in cars, drunken motorcycle accidents can result in a lawsuit against a negligent bar or restaurant. Because Texas law dram shop, bar or restaurant that over-serves alcohol to a patron and who then causes harm to themselves or others may be partially responsible for such a drunk driving wreck. For example, dram shop litigation can be prosecuted if a drunk biker wrecks their bikes, and causes injury to themselves. A dram shop action can be prosecuted if a drunk driver hits a motorcyclist. In both cases, if the driver was too drunk due to alcohol served at a bar or restaurant until the cause of the accident, the injured party to seek damages from the negligent alcohol serving establishment.

Another dram process is when the applicant may apply for compensation from a drunk driver and negligence in the bar or restaurant. The same approach also applies to cases of wrongful death. However, proving that person was served alcohol at the bar was too drunk before a motorcycle accident can be a difficult challenge for those without previous experience in these cases. The team of Texarkana motorcycle accident attorneys at Grossman Law Offices has 20 years of experience in drunk driving accidents in Texas. We have a thorough knowledge of the dram business law in Texas and will help to ensure that all responsible parties are liable for their negligence.

Motorcycle Product Liability

Although rare, some bikes come with the drawbacks due to poor design or engineering. Many others are simply negligent manufactured so that a vital component fails in the real world with their intended use. A metering valve brake is wrong, a motor bearing fails, a broken chain, etc. can all cause catastrophic damage. In the event that such an error results in injury or death of a motorcyclist, Texas law lets victims file complaints against product liability of the manufacturer. In some cases, several parties can be accused. For example, if a motorcycle is sold by a particular manufacturer, and some components (a brake caliper) can not be both the producer or seller of motorcycle and supplier of each party is responsible, and it obviously depends whether the extent of the negligence of both parties can be properly determined.

Products liability for motorcycle accidents raises complex legal issues, and you cannot make your claim on speculation, so you must obtain and retain a significant amount of evidence. You just saying "It's 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, will 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 of the products liability claims fail because the person making the argument does not properly catalog and preserve the evidence to justify their request. Non-attorneys are simply not good enough at understanding procedural issues, such as the subject matter, to adequately represent themselves. Even most lawyers can’t handle product liability claims, and we recommend that you do not try to do so by yourself. You need an experienced Texarkana motorcycle accident attorney.

Problems of Motorcycle Maintenance and Fraud in Declaration of Condition

Shoddy maintenance provided by a professional garage can also contribute to serious injury. Again, when something goes wrong in a car, the car can often be brought back to the shop where it can be repaired. However, mechanical failure on a motorcycle because of poor maintenance can cause a catastrophic incident resulting in serious injury or even death. Unfortunately, not all repair shops hire well-qualified bike technicians. A mechanic who is less-than-industrious can make a mistake that leads to failure. In such cases, a negligence action brought against the shop in question.

Some mechanical problems are not the result of an oversight at all. In some cases, an individual or dealer to 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 has bought a sport bike from a dealer. Riding back to his house, the buyer realized that the bike did not handle properly. Fortunately, he took the bike to another repair shop for inspection before it had an accident or injury. The repair shop quickly discovered that under the cowling stem was broken (which can obviously be disastrous), the bike’s radiator was not secured properly, and most importantly, the frame was damaged and masked with – get this – putty and paint spray. In short, this bike has been destroyed and the dealer made cosmetic repairs and sold it as being in good condition.

Not only is it a violation of the Deceptive Trade Practices Act, this bike could have cost the lives of the buyer. In this case, of course, the dealer who sold the bike would be responsible for their negligence and an attempt to mislead when selling a motorcycle may also be liable for punitive damages.

Adjusters and Bias Against Motorcycle Riders

Motorcyclists can be exposed to jury bias in their motorcycle accident. Since the public can sometimes perceive motorcyclists as a wild herd, ruthless in their manners and heedless of traffic laws, insurance adjusters and defense attorneys will be sure to fan the fires of the anomaly that a jury may be forced to see an injured motorcyclist, who mostly are complicit in their own misfortune. In other words, experienced insurance experts use this bias to place as much blame as possible on the riders themselves. After all, if an adjustment can compel a judge or jury that a motorcycle is more to blame for their own wreck after adjustment may take to save his company a considerable amount of money.

Unfortunately, while a motorcyclist was seriously injured following a motorcycle wreck in Texas, an adjuster may still work for a rejected claim, despite the likely need to clear a motorcyclist injured to receive compensation fair. This is one of the main reasons why all injured motorcyclists would do well to consider talking to an experienced Texarkana motorcycle accident lawyer in Texas before attempting to manage their claims or handle cases of their own. With so much to lose in damages (which can be applied to subjects such as past and future medical bills, property damage costs, lost wages and pain and suffering), choosing to work alone or with sub-standard lawyer, is simply an action that you probably can not afford to take. With legal assistance from the experienced Texarkana motorcycle accident injury lawyers at Grossman Law Offices. We work to counter the prejudice that defense counsel or adjusters may try to use against you or your loved ones.

Our Texarkana motorcycle accident lawyers understand that many motorcyclists are safe drivers. They love their hogs and they love taking them out on a sunny weekend or heading to Austin to the ROT Rally each year. Thousands of Texans appreciate the cost-effectiveness of using a motorcycle as their main means of transport. These drivers consider their own safety, the safety of their passengers and the safety of those around them while riding their motorcycles. However, simply saying that a motorcyclist was involved in any type of accident was known to be a safe driver, there is not enough evidence to convince a judge or jury that this is the case. Relevant evidence from the scene of motorcycle accident is to be obtained, and this evidence must be obtained in a good way to be admissible in court.

Insurance Adjusters Can Be Aggressive

As mentioned above, insurance regulators, who operate motorcycle accident claims, can lose a significant amount of money for their company if such a case is won by the victim. This is the last thing they want to happen is to pay what they are liable for, regardless of the actual needs of the victim for adequate compensation. In some cases, a raise or bonus can be attached for an insurance adjuster if they can save their company a lot of money. Thus, an insurance adjusters work harder towards their goal, and against the victim or the bereaved family. As such, they often use a variety of tactics to get a claim denied or diminished.

For example, the insurance adjuster will try to put the blame on any person other than the customer. If the majority of the fault can be placed on a motorcycle accident victim, the complaint must be dismissed. If the blame can be placed in a number of parties, then his client will pay less insurance compensation. Thus, aggressive insurance regulators will do everything possible to deflect the blame to others. They berate motorcycle accident victims, hoping to cloud the victim’s recollection of the incident. Such missteps are recorded and then used persuasively in court afterwards to deny the validity of the memory of victim of the accident.

As another example of aggressive behavior, an insurance adjuster offers an injured victim or a surviving family a quick settlement. More often than not, this compensation comes with the papers the victim must sign to receive this amount. But this tactic is a movement cleverly calculated on the basis of profitability. The settlement will most likely be a lowball offer, an amount that may be tempting to a victim in need of money quickly. But accepting such a settlement without mediation means that the victim also waives their right to file a lawsuit against those responsible for their injuries. Essentially, if an adjustor comes to a victim of motorcycle accident before the person has had the opportunity to discuss their legal options with an experienced Texarkana motorcycle accident lawyer in Texas, the adjustor is often more likely to resolve the case for as little money as possible.

Do I Need To Speak With A Texarkana Motorcycle Accident Attorney?

There are many reasons why you should consider contracting counsel from Texarkana motorcycle accident attorney Michael Grossman. If you have been injured in a motorcycle wreck, or if you have lost a loved one due to a fatal motorcycle accident in Texas, consider that:

• We understand vehicle accident law in Texas. With two decades of experience relevant to the investigation of 18-wheeler wrecks, car accidents and motorcycle accidents, we know, and most importantly, to look through vehicle accidents of all types of Texas.
  
  
• We can help you obtain compensation for medical expenses. Motorcycle wrecks, even those that seem minor, may result in severe damage and injuries. These injuries may require intensive medical care resulting in high medical expenses.
  
  
• We are a law firm with a proven track record in cases of wrongful death in Texas. During the last twenty years, we have served many families in difficult times so they can see justice done against those responsible for the theft of their families.
  
  
• We have extensive experience in drunk driving accidents in Texas. Our lawyers understand the dram shop law, and are ready to use this difficult law to hold negligent bars and restaurants accountable for their actions.
  
  
• We know the technical details involved in a motorcycle accidents, including those caused by defective components. If necessary, we try to help get the experts who can provide valuable evidence.
  
  
• 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 handling of insurance adjusters and defense attorneys. In fact, we have gone against almost every major insurer in the country. They know us and respect us.
  
  
• We can help you avoid being taken advantage by an insurance company. When the Texarkana motorcycle accident lawyers at Grossman Law Offices are hired, we become the entity that deals exclusively with an insurance adjuster. Because they know they can not take advantage of our qualified attorneys who are able to fight more aggressively for their rights at all times, they back down.

With extensive knowledge, experience and a well-deserved reputation in Texas, Texarkana motorcycle accident attorney Michael Grossman and the bike accident attorneys at Grossman Law Offices are ready to help you through a challenging time. To learn more about your legal options, contact us toll free at 1-855-338-0170 for a free legal consultation.