Texas Biker Accident Lawyer

Texas Biker Accident Lawyer Michael Grossman Discusses Motorcycle Wrecks

With the price of gas skyrocketing, and many cities creating incentives to encourage conservation of gas, more and more people are riding motorcycles. There are more than 400,000 motorcycles on the roads in Texas alone, so there are bound to eventually be accidents.

When a motorcycle is involved in an accident, it can result in severe, life-threatening injuries, so it's important for any motorcycle driver to understand their rights according to the law. If a motorcycle driver has been killed, it is especially important that the family members understand what actions they can take to ensure that the other parties involved in the accident are held accountable for their negligence. Michael Grossman is a Texas biker accident lawyer with over 20 years of experience handling personal injury cases, so if you or a love one have been in a motorcycle accident, Michael Grossman and the team at Grossman Law Offices can help you understand the best course of action, given the details of your case.

Motorcycle Accidents Vs. Car Wrecks

It's easy to see the difference between a wreck involving a motorcycle, and a 'usual' car crash. When a person travels by car, they have tons of metal, plastic, and other materials surrounding them, with carefully designed safety features to help protect them in the event of a crash. A motorcyclist has no such protection. Therefore, a motorcycle accident usually results in much more severe injuries than a car crash, and there is a much higher chance of death. The Texas Department of Transportation estimates that around 66% of motorcycle accidents will result in serious injury or death. According to their figures, in 2009 there were 434 fatalities as a result of motorcycle accidents. Furthermore, these fatalities made up 14 percent of all traffic fatalities in Texas that year. This is not even counting the thousands of riders who suffered severe injuries.

This is not to imply that the victim of the accident "had it coming." This does, however, mean that a motorcycle accident should be handled differently from a typical car crash, from a legal perspective. Many times, a typical car accident can be handled without the need of an attorney. However, in almost all cases, a motorcycle driver who has been in an accident can benefit from the help of a knowledgeable Texas biker accident attorney. Insurance companies know that motorcycle accidents involve a much higher risk of severe injury or death, which means there is usually much higher compensation amounts involved. As a result, insurance adjusters will often get aggressive in trying to protect their own interests. They may try to bully the victim or the victim's family, or even offer a much lower compensation than what they deserve. Without the help of a competent lawyer on your side, it can be difficult to understand what is fair and adequate compensation, and the insurance company will ruthlessly use that to their advantage.

Injuries That May Occur in Motorcycle Accidents

There are a broad range of injuries that may occur as the result of a motorcycle accident. When a motorcycle crashes, injuries can range everywhere from minor bruises and scratches to life-threatening and debilitating injuries, such as traumatic brain injury or spinal cord injuries. One example of a very common minor injury is 'road rash'. Road rash is a series of scratches that result from a rider sliding across concrete. Although road rash is a minor (if painful) injury, it's extremely important to get treatment within a reasonable amount of time. Otherwise, the injury may quickly worsen as a result of infection. If the injury is allowed to go untreated, it may be more difficult to seek compensation for the damages resulting, since the victim is responsible for making every attempt possible to mitigate damages. If the victim of an accident fails to seek medical attention and subsequently develops a life-threatening infection, the negligent parties will not be accountable for any damages that occur as a result of the infection. As you can see, it is very important to seek medical attention, even if it seems that the injuries are minor.

Sometimes, a motorcyclist will suffer more serious injuries in a motorcycle accident, such as fractures or broken bones. Since a motorcycle does not feature the enclosed area that cars do, riders and passengers are usually thrown off the motorcycle. In some cases, they can hit the ground with great force, resulting in broken bones and fractures that require immediate medical attention. The vast majority of riders will not ignore a broken bone, but what they may not realize is that the negligent party may be responsible for more than just the actual medical costs associated with the broken bone. A broken arm or leg can severely hamper a person's ability to work, depending upon the nature of their job, and if wages are lost due to this circumstance, the negligent party will be liable for compensating the victim for those lost wages. However, in order to recover lost wages, it is usually necessary to file a personal injury lawsuit with the help of an attorney.

The most severe end of the spectrum of injuries a motorcyclist may suffer (short of death) involves injuries such as disfigurement, spinal cord injuries, and traumatic brain injuries. These are the kinds of injuries that require life-long attention, and in some cases may require round-the-clock medical care. Severe scarring may not affect a person's ability to work, but it can affect quality of life by being a constant reminder of the accident (not to mention the social consequences). If an arm or leg has to be amputated as a result of a motorcycle injury, it can severely diminish the victim's quality of life, and may affect their ability to live an independent lifestyle. It goes without saying that spinal cord injuries and traumatic brain injury can have an extremely severe affect on a person's independence, mobility, and ability to work or care for themselves. In addition to the immediate ramifications, the victim may suffer from extreme emotional duress as the result of these kinds of injuries. In Texas, it is possible to seek compensation for all of these damages through a personal injury lawsuit, so that the injured person can focus on healing and coping with their injuries.

As you can see, depending upon the severity of the crash, the victim of a motorcycle accident may sustain injuries that require medical attention for a few days, months, or even for the rest of their life. The longer a victim requires medical attention, the higher the cost. In the most extreme cases, the cost of medical care can run into the millions of dollars. With this much money on the table, the insurance company has a keen interest in trying to deny any claim made by the victim. Insurance adjusters handle cases like this for a living, and are used to dealing with people who are ignorant of their rights. Even if you know your rights, it may be difficult to convince them to take you seriously without the backing of an experienced Texas biker accident lawyer like Michael Grossman. With Grossman Law Offices on your side, the insurance adjusters will see that you mean business. Sometimes, they will even settle out of court to avoid the expense of a drawn-out personal injury lawsuit that they may likely lose.

Fatal Motorcycle Accidents

According to the Texas Department of Transportation, there is one fatal motorcycle accident in Texas every day. Sometimes, it can be really difficult to understand the magnitude of these kind of statistics, but the sobering fact is that every day, a family loses a loved one in a fatal motorcycle accident. If your family is in this tragic situation, it's important for you to know that Grossman Law Offices can help you uncover the truth about what happened in the accident. Our attorneys can seek out all witnesses, sift through the evidence, and present your case so that every liable party involved in the accident is held accountable. If your family member has been killed due to the negligent actions of another person or group of people, you have the right to bring a wrongful death lawsuit against them in order to seek compensation for the damages you and your loved one have suffered.

There are two types of damages involved in a wrongful death lawsuit: wrongful death damages and survival damages. Although the purpose of a wrongful death lawsuit is to compensate the survivors for the damages they have suffered, many people don't choose to pursue a wrongful death lawsuit for the money. Money may be the vehicle a wrongful death lawsuit uses to resolve such an issue, and it certainly helps the family cover the funeral and medical expenses they will have suffered due to the loss, the most common reason for pursuing a wrongful death lawsuit is to ensure that the liable parties are held accountable for their actions. When someone is killed as the result of someone else's negligence, it may not always be possible to file criminal charges. The standard of proof in a criminal case is much higher than in a civil lawsuit. Therefore, sometimes the only way to hold the liable party accountable is by hitting them where it hurts: their bank account.

While this is a perfectly legitimate reason to file suit, it is important for the grieving family to remember that when filing a lawsuit, the burden of proof is on the victim. This means that it is up to the grieving family and their lawyers to conduct an investigation, gather evidence, and eventually convince a jury that the really did suffer the damages they claimed to, and that it was the defendant's liable actions that caused the accident which led to the damages. The attorneys at Grossman Law Offices have been handling wrongful death cases for two decades. We have the experience and resources necessary to conduct a thorough investigation and identify all potentially liable parties, witnesses, and evidence needed to ensure that your case is successful.

Drunk Driving Motorcycle Accidents

Many people may not realize this, but when any car accident (including motorcycle crashes) involves a drunk driver, it is often possible to bring a lawsuit against a bar or restaurant, if the bar or restaurant was serving alcohol in an irresponsible manner. This is known as Texas dram shop law, and it means that if a bar or restaurant knowingly over-serves alcohol to a customer and then allows that person to leave their establishment, they are then responsible for any drunk driving accident that may occur as a result. If a motorcyclist gets drunk and crashes, causing injury to themselves, it may be a first party dram shop cause of action (assuming that the bar or restaurant reasonably could have known that the person was unsafe to drive). If a drunk driver in a car strikes a motorcyclist and causes an accident, it may be possible to pursue a third party dram shop cause of action. In either case, if it can be proven that the drunk individual was over-served by an establishment prior to the accident, the injured party (or parties) can seek compensation from the negligent establishment. In the case of a third party case, compensation can be sought from both the driver and the establishment. This would also apply in the case of a wrongful death lawsuit. However, it can be very challenging to prove that a person was over-served alcohol at a bar prior to the accident. Without the proper experience, it may be impossible to prove your case in a court of law. An experienced Texas biker accident attorney like the attorneys at Grossman Law Offices have a thorough understanding of dram shop law in Texas, and experience handling and winning many such cases. We can help you to make sure that all negligent parties are held accountable, including any irresponsible alcohol-serving establishments that may have contributed to the accident.

Motorcycle Defects

Sometimes, a motorcycle accident is not the fault of alcohol or negligent actions on the part of another driver. It's possible that an accident can be caused by poor maintenance or product defects. Most people are used to seeing recall notices for passenger cars to fix minor problems. However, most people who deal with motorcycles know that when something goes wrong with a motorcycle, it goes very wrong. Due to the nature of the mechanics involved, a motorcycle is a very precarious vehicle. There is a lot of weight resting on two wheels that must remain balanced. It requires a skilled rider and a perfectly working machine to remain upright. When a part on a passenger car fails, it is often possible for the rider to carefully coast to the side of the road, resulting in little more than a bit of inconvenience. However, when any part on a motorcycle fails, it may quickly result in the rider losing control of the motorcycle, which can lead to catastrophic injuries. In this case, the manufacturer of the defective part may be held accountable for the damages suffered by the victim.

Motorcycle Product Liability

Knowing how catastrophic the results of a defective part can be, most motorcycle manufacturers are responsible organizations that work hard to ensure the safety of the vehicles they are producing. However, in some cases, poor design or engineering may result in motorcycles that are sold with inherent flaws. More commonly, motorcycles may be manufactured in such a way that a vital component fails once it encounters the real world stresses that are an inherent part of their intended use. At every point in the manufacturing of a motorcycle, it is necessary that care be taken to ensure all parts are properly assembled. Otherwise, a catastrophic failure can result. In Texas, if such a failure causes injury or death, the victims can file a product liability claim. That is, they can seek compensation from the manufacturer (or in some cases, several manufacturers).

Investigating and filing a product liability claim can be an extremely complex matter. What may seem like adequate evidence to the average person may not hold up in a court of law. Not only do you have to prove that the failure of a certain part caused the accident, you have to prove that the part failed due to a defect that was a result of negligence on the part of the manufacturer. A qualified engineer will need to thoroughly examine the evidence in order to evaluate the cause of the accident and assemble a report for use in court. Furthermore, it is necessary to ensure that the motorcycle and all parts are stored in a way that allows them to be used as evidence at trial.

In most cases, when product liability cases fail, it happens because the evidence that justifies their claim was not adequately catalogued and preserved. It's just not possible for a non-attorney to be able to know every single procedural issue that needs to be addressed. Even many attorneys are not qualified to handle product liability cases. Remember, you will be trying to get a large sum of money from a large business. That business will hire well-paid attorneys who will work hard to protect its interests. It's extremely important that you have a qualified attorney in your corner to give your case the best possible chance of success.

Motorcycle Maintenance and Misrepresentation of Condition

If a professional service shop fails to provide proper maintenance, this can lead to equipment failure and ultimately to serious injury. Once again, recall that a passenger car can limp along with a surprising amount of damage. However, when a motorcycle part malfunctions due to shoddy maintenance, the result can easily be a catastrophic accident leading to the severe injury or even death of the driver and passengers. Although many motorcycle repair shops are trustworthy, it's a sad fact that there are some motorcycle repair shops who hire unqualified technicians, either through ignorance or an effort to save money. If an oversight by such a mechanic causes a catastrophic failure leading to injury, the repair shop who hired them may be held accountable for the resulting damages.

In rare cases, it may not even be an oversight that caused the issue. Some private sellers or dealers may knowingly sell a motorcycle in poor condition. A few unscrupulous individuals will even go so far as to hide the extent to the poor condition in order to make a few more bucks. These actions are considered illegal according to the Deceptive Trade Practices Act, but more importantly, knowingly hiding the poor condition of a motorcycle can easily result in the death of the buyer. If that happens, the dealership who sold the motorcycle should be held accountable for their negligence. Furthermore, if it can be proven that they were intentionally deceptive concerning the state of the motorcycle, a judge may also order punitive damages.

Perception of Motorcycles and Jury Bias

It is not unusual for motorcycle riders to face bias from insurance adjusters, jury members, and the community at large in the wake of an accident, so it's important to prepare for this when considering how to approach a personal injury or wrongful death lawsuit involving a motorcycle rider. It's not difficult to convince the general public that people who ride motorcycles are wild and careless, and insurance adjusters and defense lawyers have no trouble encouraging this bias in order to blame the victim. An experienced defense attorney can easily misrepresent the facts to make a motorcycle rider look like a reckless "wild child" who is responsible for the accident. If they can do so, they stand to save themselves or their employers a lot of money.

It makes no difference to an insurance adjuster when the victim of an accident has suffered a severe injury and obviously is in dire need of fair compensation. They will still most likely work to deny the claim. For this reason, it's vital for a motorcyclist who has been in an accident to contact a qualified Texas biker accident lawyer as soon as possible. These cases can be so complex that it is extremely difficult for a non-attorney to handle them alone. Add in potential jury bias, and it can be next to impossible for a non-attorney to win a personal injury case when a motorcycle is involved.

At Grossman Law Offices, we understand that many motorcyclists are careful drivers, who are just as concerned with reaching their destination safely as a person driving a passenger vehicle. Thousands of Texans recognize the benefits of using a motorcycle, both to the environment and to their wallets, and do their best to avoid the potential dangers. They are very concerned with their own safety and the safety of other vehicles on the road. Unfortunately, merely acknowledging this fact may not be enough to convince a jury who is already predisposed to see motorcyclists as reckless. It's important to obtain relevant evidence from the scene of the accident, and it must be obtained in the correct way to be admissible in court. Furthermore, it must be presented in such a way that the jury is convinced. Through use of this evidence along with eyewitness and/or expert testimony, Michael Grossman and his team can help you prove who was at fault for your accident. Without this proof, it is impossible to bring a successful suit against anyone.

Aggressive Insurance Adjusters

Throughout this article, we have mentioned insurance adjusters and their tendency to deny claims. It cannot be stressed enough that insurance adjusters are not on your side. Insurance companies stand to lose a substantial amount of money in motorcycle accident claims, and the adjuster's bonus or raise may be dependent upon how much money they can save the company. In light of this, it's easy to see how an insurance adjuster can be working more toward their own good than the good of the injured rider and their family.

There are a wide variety of tactics that these insurance adjusters can use to try to deny their claim, so it can be difficult for an inexperienced individual to predict what they may try. For example, they may start gathering evidence to try and cast as much blame as possible on the motorcycle rider. If they can successfully place enough blame on the rider, the claim can easily be dismissed. Even if they can't succeed in blaming the motorcyclist entirely, they may be able to partially shift the blame to another party, and thus reduce the amount of compensation paid out to the victim from their company. In order to gather the evidence they need, they may badger the motorcycle accident victim with questions in the immediate aftermath of the accident. They do this in the hopes that they can catch you saying something that may sound incriminating, when cast in the correct light. They will most definitely be doing a thorough investigation of the accident scene. If you fail to conduct at thorough investigation on your own, they may be able to present only the evidence that incriminates you, and thus build a solid defense. Without the experience to gather the correct evidence, it can be nearly impossible for a non-attorney to bring a successful case.

Insurance adjusters may not always be aggressive. Some insurance adjusters may show up offering quick compensation to a victim in the wake of an accident. They may smoothly and sympathetically convince you that this is all you are likely to receive. Once you sign an agreement, it is impossible to seek further compensation, no matter how high your damages may have been. It's very important to remember that, no matter what, an insurance adjuster is not on your side. The best thing you can do to protect yourself is to hire an experienced attorney as soon as possible to represent your interests. Once you've hired an attorney with a great reputation, such as Michael Grossman, you may find that the adjuster is suddenly willing to settle with you for a much more reasonable compensation. They know that they stand to lose a lot more in legal fees if they have to go to court, and when you have representation with a reputation like that of Grossman Law Offices, they often don't want to risk the possibility that they may lose the case.

Let Michael Grossman of Grossman Law Offices Help You

As you can see, there are a large number of reasons why you should contact an experienced Texas biker accident attorney like Michael Grossman as soon after a motorcycle accident as possible. If you have suffered an injury as a result of a motorcycle accident, Grossman Law Offices can help you.

• We thoroughly understand the law in Texas as it applies to motorcycles. We have over 20 years handling personal injury and wrongful death cases, and we know exactly how to investigate a wide variety of motor vehicle accidents, whether it involves a motorcycle, a passenger car, or an 18-wheeler.
• We can make sure that you receive full compensation for all of your medical costs. Even a minor motorcycle accident can result in very high damages in the form of medical bills and lost wages. We have the experience necessary to accurately assess your damages, and gather evidence to prove the existence of such damages in court.
• We have a proven track record handling wrongful death cases in Texas. In the past two decades, we have helped many families see success after such a traumatic loss.
• We also have a large amount of experience handling drunk driving accident cases. We have enough experience to thoroughly understand dram shop law. Furthermore, we are willing to put in the large amount of work that such cases can entail, when other firms would turn down the case or give it inadequate attention.
• We have the experienced necessary to understand the technical details of motorcycle accidents. When defective parts are involved, it's necessary for your attorneys to fully understand how an accident happened in order to effectively argue your case in court. When necessary, we don't hesitate to seek an expert opinion to provide testimony in such a case.
• We recognize that bias against motorcycle riders can undermine a case before it has even begun. We will work hard to overcome this bias in order to show the truth of a motorcycle accident by gathering ample evidence to present in court.
• We understand exactly how insurance companies and their adjusters think and we can predict how they may behave in any given circumstances. We know their tricks, and we know how to protect you against them. We've won cases against nearly every major insurance company in the country, and in so doing, have earned a reputation that these insurance companies respect.

If you'd like to know more about your legal options for pursuing compensation for your accident, call us (toll-free) at 1-855-338-0170. Our attorneys are available for a free consultation to discuss the details of your case and present you with all possible courses of action that may be available to you, so call today.