Texas Motorcycle Accident Attorney

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

With more than 400,000 motorcyclists traversing Texas roads, the opportunities for accidents to occur are numerous. Motorcycle wrecks in Texas can happen for a wide variety of reasons, from simple passenger driver distraction to more egregious errors like drowsy driving or drunk driving.

If you have suffered the misfortune of an injury motorcycle accident in Texas, do you know your rights? If you’ve lost a loved one due to a fatal motorcycle wreck, are you aware of the legal means available to you in order to see justice served? The following article, from Texas motorcycle accident lawyer Michael Grossman of Grossman Law Offices, will help you to answer those questions by providing relevant information on Texas motorcycle wrecks. With two decades of proven experience in Texas personal injury and wrongful death cases, Texas motorcycle accident lawyer Michael Grossman can help you through this challenging time.

Motorcycle Accidents vs. Car Wrecks

A motorcycle accident site attests to the easily perceived differences between car crashes and motorcycle wrecks. Motorcycle accidents often result in more severe injuries and a greater likelihood of death. In fact, according to the Texas Department of Transportation, two-thirds of all motorcycle accidents in Texas result in serious injury or death to the motorcycle rider. There were 434 fatal motorcycle accidents in 2009, accounting for 14 percent of all traffic fatalities in Texas that year. Additionally, 5,800 motorcycle riders or passengers suffered injury in 2009. The devastating results of many motorcycle accidents are easily understood due to the lack of protection afforded to a motorcyclist and/or their passenger. A passenger vehicle, by its very construction, provides much greater protection in the event of an accident than a motorcycle does to its riders.

Unfortunately, many people fail to see that this major difference leads to a major difference in the way that such accidents must be handled in the legal realm. For instance, while typical passenger vehicle accident claims can be handled without either party likely needing the assistance of an attorney, rare is the occasion where a motorcycle accident claim does not need the capable guidance of a knowledgeable Texas motorcycle accident law firm. Due to the increased likelihood of serious to severe injury or death, the amount of compensation that may be at stake will cause an insurer to fight aggressively against the interests of an injured victim or a bereaved family. Without the assistance of a capable motorcyclist’s attorney in Texas, such a victim may not understand the full value of their claim and may be susceptible toward accepting a low-ball offer. Without legal help on your side defending your interests at all times, you may be taken advantage of by an opposition that works for their own good and not yours.

Texas Injury Motorcycle Accidents

Motorcycle injury accidents can result in a broad range of injuries. Motorcycle accident injuries can be mild, such as bruises and scratches, to life-threatening, such as traumatic brain injury or spinal cord injury. Road rash is a common, though minor, motorcycle injury. However, if road rash is not treated within the proper amount of time, the injury can worsen through infection. As is the case with every personal injury lawsuit, it’s important that a victim seeks out medical attention so that their possible case may not suffer from a failure to mitigate damages. For instance, if a motorcycle accident victim fails to seek medical help for road rash and the rash develops into a life-threatening infection, the party or parties responsible for the motorcycle accident cannot be held accountable for such an infection.

Serious motorcycle accident injuries include broken bones and bone fractures. Due to the unenclosed nature of a motorcycle, riders and passengers are often ejected from a motorcycle and thrown onto the ground. The brute force of such a collision with the ground often results in broken arms, broken legs, or fractured bones. While such injuries require medical attention (and subsequent medical costs), a motorcycle accident victim with a broken bone may also suffer financial loss due to the loss of mobility that may severely affect their ability to work. Through a Texas personal injury lawsuit, such an injured motorcyclist can seek compensation for their lost wages.

Severe motorcycle injuries include disfigurement, spinal cord injury, and traumatic brain injury. Each of these injuries can result in life-long medical conditions possibly requiring round-the-clock medical care. Burn injuries can occur resulting in both severe pain and suffering for a victim and disfigurement. Scars on the face, hands, legs, neck, or back can leave lasting reminders of a harrowing ordeal. The loss of limbs, such as an arm amputation or leg amputation, can severely diminish a person’s quality of life. Furthermore, each of these issues can cause a victim to suffer from extreme emotional duress. A personal injury lawsuit in Texas can seek compensation based on these issues so that such an injured person can work toward healing and coping with their injuries.

Texas motorcycle helmet law requires anyone under 21 years of age to wear a helmet while riding a motorcycle. Those over 21 have the option of wearing a helmet so long as they have completed a Texas motorcycle rider training course or can show proof of having health insurance. While arguments for and against motorcyclists having to wear helmets have waged for years, the benefits of wearing a helmet are difficult to be refuted. The most severe of motorcycle accident injuries, spinal cord injuries and traumatic brain injury, may be prevented by the use of a motorcycle accident. These injuries can result in paralysis and often result in a victim developing a life-long, life-altering medical condition requiring constant attention. With such a severe injury comes substantial medical debt. Those that have suffered severe motorcycle accident injuries may be the ones most in need of seeking proper legal counsel in order to review their legal options so that full and fair compensation might be sought that can help cover the often astronomical medical costs often associated with traumatic brain injuries and spinal cord problems.

Depending on the severity of the injuries sustained in a motorcycle wreck, a victim may require medical attention for a day, a month, for years, or for life. Such attention is accompanied by medical bills that can run from the thousands to the millions of dollars. Consequently, any insurance policy that may have to pay out an exorbitant sum to even a rightfully deserving, injured victim will be heavily defended. Without the help of a knowledgeable motorcycle injury accident attorney on your side that can be just as aggressive in protecting your rights, you may settle for much less than what your case is likely worth.

Fatal Motorcycle Accidents in Texas

The Texas Department of Transportation reports that a fatal motorcycle accident in Texas occurs every day. This sobering fact is compounded by the fact that it might be reinterpreted: One family loses a loved one every day somewhere in Texas due to a fatal motorcycle crash. If you have had the misfortune of losing a loved one in a Texas fatal motorcycle accident, our Texas wrongful death attorneys can assist you in discovering the truth of the accident scene so that each and every liable party can be properly identified and brought to justice for their negligent behavior. When an accidental death occurs due to the negligent actions of another party, the surviving family members have the right to bring a wrongful death civil lawsuit against the negligent party or parties in order to seek compensation for both wrongful death damages and survival damages.

While only one family member can seek survival damages on behalf of the killed motorcyclist, multiple family members may seek wrongful death damages for the financial losses they may have suffered as a result of the death of their loved one. However, many wrongful death lawsuits are not pursued in order to specifically seek compensation. While seeking compensation is a necessary part of any wrongful death lawsuit and works to help a grieving family fend off¬ the financial losses experienced in the wake of a physical loss, a wrongful death lawsuit also serves to hold the liable parties accountable for their actions. Prior to filing suit, a bereaved family may contact a fatal motorcycle accident attorney in Texas in order to have an independent investigation conducted that can work to look into the fatal bike accident so that all liable parties are discovered. Each party can then be sued for their particular role in causing or contributing to the accident. The Texas fatal motorcycle accident lawyers at Grossman Law Offices have two decades of experience in investigating fatal accident scenes. Consequently, we’re able to understand complex vehicle accident scenes and know when to dig deeper in order to ensure that all parties responsible for your loved one’s loss are found. Through such efforts, together we can work to ensure that the negligent parties are brought to justice for causing you so much pain and loss.

Drunk Driving Motorcycle Accidents in TX

As is the case in drunk driver accidents involving passenger vehicles, drunk driving motorcycle accidents may result in a lawsuit being brought against a negligent bar or restaurant. Due to Texas dram shop law, a bar or restaurant that over-serves alcohol to a patron such that they exceed a .08 BAC level and that patron then causes harm to themselves or to others can be held partially liable for such a drunk driving wreck. For instance, a first party dram shop cause of action can be pursued if a drunk motorcyclist wrecks their bike and causes injury to themselves. A third party dram shop cause of action can be pursued if a drunk car driver strikes a motorcyclist. In either instance, if the intoxicated driver was inebriated due to being over-served alcohol at a bar or restaurant prior to causing the accident, the injured person can seek compensation from the negligent alcohol-serving establishment. In a third party dram shop cause of action, the injured party can seek compensation from both the drunk driver and the negligent bar or restaurant. The same issues of liability also apply to instances of wrongful death. However, establishing that a person was over-served alcohol at a bar prior to a drunk motorcycle accident can be challenging for those without prior experience in proving such cases. The Texas drunk driving accident lawyers at Grossman Law Offices have 20 years of experience in drunk driving accident cases in Texas. We have a thorough understanding of dram shop law in Texas and can assist you in making sure that all liable parties are held accountable for their negligence.

Motorcycle Defects

Another source of motorcycle accidents are mechanical failures due to poor maintenance and/ or product defects. Most passenger cars will have some type of recall or service bulletin which recommends a minor change to address a known flaw. But, as the old adage says, when something goes wrong on a motorcycle, it goes very wrong. When motorcycles work well they are precarious enough, as they require significant rider input to remain upright. When a mechanical failure occurs, the rider may quickly lose control of the motorcycle, and, unfortunately, it is less likely that a motorcycle will simply be able to coast to the side of the road under such conditions.

Motorcycle Product Liability

Although uncommon, some motorcycles are sold with inherent flaws due to poor design or engineering. Many more are simply negligently manufactured in such a way that a vital component fails under the real world stresses and loads that come with their intended use. A brake proportioning valve that is improperly biased, an engine bearing that fails, a chain that breaks, etc. can all lead to catastrophic injury. In the event that such a failure causes the injury or death of a motorcycle rider, Texas law allows the victims to bring a product liability claim against the manufacturer. In some instances, multiple parties become defendants. For example, if a motorcycle is sold by a particular manufacturer and some component (a brake caliper for example) fails, both the manufacturer or seller of the bike and the supplier of the individual part may be liable, depending, of course, on the extent of negligence of both parties.

Product liability claims for defective motorcycles are complex legal matters and you cannot base any part of your claim on speculation; you must obtain and preserve a considerable amount of evidence. Simply saying “The throttle cable broke” is not sufficient. Plaintiffs have the burden of proving that the failure was the result of negligence on behalf of the manufacturer and it is therefore vital that the specific cause of the failure be ascertained. In order to be successful in such a claim, a thorough evaluation must be performed on the defective components by a qualified engineer who will supplement an expert report which pinpoints the precise nature of the failure. Additionally, the motorcycle and all accompanying accessories must themselves be stored in such a way they can be used as evidence in trial.

Most product liability claims that fail to come to fruition do so because the person bringing the claim did not adequately catalogue and preserve evidence that justifies their claim. A non-attorney simply does not have a good enough understanding of the procedural issues that are addressed in such a case to appropriately represent themselves. Product liability cases are beyond the scope of even most attorneys and we recommend that no lay person attempt to bring a product liability claim on their own; it is vital that you hire an experienced and competent motorcycle accident attorney in Texas.

Motorcycle Maintenance Issues and Misrepresentation of Condition

Shoddy maintenance provided by a professional service shop can also contribute to serious injury. Again, when something goes wrong in a car, the car can often be limped back to the shop where it can be repaired. However, a mechanical failure on a motorcycle due to poor maintenance can cause a catastrophic incident resulting in severe personal injury or even death. Sadly, not all motorcycle repair shops hire thoroughly qualified technicians. A less-than-diligent mechanic may commit an oversight that results in a failure. In such an event, a negligence claim may be brought against the repair shop in question.

Some mechanical issues are not the result of an oversight at all. In some cases, a private seller or even a dealership will knowingly sell a motorcycle that is in poor mechanical condition, and some will even go so far as to hide the extent of the poor condition. For example, our firm was recently contacted by a gentleman who purchased a sport bike from a licensed dealer. Upon riding the motorcycle home, the buyer noticed that the motorcycle was not behaving properly. Fortunately, he took the motorcycle to a repair shop for inspection before he had an accident or suffered any injuries. The repair shop soon discovered that beneath the new fairings the triple tree was cracked (which could obviously be disastrous), the radiator was not properly attached, and, most importantly, that the frame was damaged and masked with body filler and spray paint. In short, this motorcycle was previously wrecked and the dealership made cosmetic repairs and sold it as if it were in good condition. Not only is this a violation of the Deceptive Trade Practices Act, this motorcycle could very easily have claimed the life of the buyer. In such an event, naturally the dealership who sold the motorcycle would be liable for their negligence and such a deceptive attempt to sell an unsafe motorcycle may also precipitate punitive damages.

Adjuster and Jury Bias in Texas Motorcycle Accident Cases

Motorcycle riders may face a bias in connection to their motorcycle accident. Since the general public can be led to perceive motorcyclists as a wild bunch, reckless in their ways and heavy on their throttles, insurance adjusters and defense attorneys will be sure to stoke the fires of this bias so that a jury may be compelled to see an injured motorcyclist as mostly complicit in their own accident. In other words, experienced insurance adjusters will use this misperception in order to place as much blame as possible on the motorcyclist themselves. After all, if an adjuster can compel a judge or jury that a motorcyclist is mostly at fault for their own wreck, then the adjuster likely stands to save his or her company a substantial amount of money.

Unfortunately, even if a motorcyclist has sustained severe injuries due to a Texas motorcycle wreck, an insurance adjuster will likely still work to have a claim denied despite the likely obvious need of an injured motorcyclist to receive fair compensation. This is one of the main reasons why any injured motorcycle rider would do well to consider talking to a motorcycle lawyer in Texas before attempting to handle their claim or case on their own. With so much to possibly lose in compensation (that can be put toward issues like past and future medical bills, property damage costs, lost wages, and pain and suffering), choosing to work alone, or with sub-standard legal representation, is simply an action that you likely can’t afford to take. With the legal assistance of the Texas motorcycle accident attorneys at Grossman Law Offices, we can work against any biases that an adjuster or defense attorney may attempt to use against you or your loved one.

Our motorcycle accident lawyers understand that many motorcyclists are safe drivers. They enjoy riding their hog on a sunny weekend or heading down to Austin for the ROT Rally every year. Thousands of Texans appreciate the cost-effectiveness of using a motorcycle as their main means of transportation. These riders consider their own safety, their passengers’ safety, and the safety of those around them while riding their motorcycles. However, simply stating that a motorcyclist that 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 that is in fact the case. Relevant evidence from the scene of the motorcycle accident must be obtained, and such evidence must be obtained in the correct way so that it is admissible in court. Through the use of this evidence, in addition to eyewitness testimony (and expert testimony, when necessary), our attorneys can help you bear the burden of proof in showing how a negligent party was the cause of your accident. Without such proof, your words are empty and will net you nothing in compensation. Evidence is necessary in order to refute any biases that may be working against a motorcycle accident victim.

Aggressive Insurance Adjusters

As previously mentioned, insurance adjusters that work motorcycle accident claims may stand to lose a substantial amount of money for their company if such a claim is awarded to a victim. This is the last thing they want to happen, regardless of a victim’s real need for proper compensation. In some instances, bonuses or a raise may be attached to the amount of money that an insurance adjuster can save their company. Consequently, an insurance adjuster may be working more toward their own good than the good of an injured victim or bereaved family. As such, they will often employ certain tactics in order to see a claim denied or severely diminished.

For instance, an insurance adjuster will attempt to place as much blame as possible on any other entity other than their client. If a majority of fault can be placed on a motorcycle accident victim, then the claim will be dismissed. If blame can be placed on multiple parties, then the insured’s client will have to pay less in compensation. Consequently, aggressive insurance adjusters will do all that they can in order to deflect as much blame as possible from their client. They’ll badger a motorcycle accident victim with questions, hoping to trip up the victim in their recollection of an accident. Such missteps will be recorded and then convincingly used against a victim later in court to disprove the validity of the victim’s memory of the accident. Furthermore, if an insurance company’s defense attorneys have conducted a thorough accident scene investigation (and the plaintiff has failed to have an investigation conducted on their own behalf), an insurance adjuster can use such evidence to create an open-and-shut case against a motorcycle accident victim. Without relevant evidence to back up your story, you stand little to no chance of being able to refute the claims made against you.

As another example of such aggressive behavior, an insurance adjuster may offer an injured victim or a bereaved family quick compensation. More often than not, this amount of compensation is accompanied by papers that a victim must sign in order to receive this sum. However, this tactic is a shrewdly calculated move based on cost-efficiency. The settlement will most likely be a lowball offer, i.e. a tantalizing amount that may appeal to a victim in need of quick cash. However, the acceptance of such an unmediated settlement means that a victim also signs away their rights to bring a lawsuit against those responsible for their injuries. Essentially, if an insurance adjuster can get to a motorcycle accident victim before that person has had an opportunity to discuss their legal options with an experienced Texas motorcycle accident lawyer, the adjuster often stands a greater likelihood of settling the matter for as little money as possible. If they cannot get the claim dismissed completely, this is often their next best bet.

Do I Need a Texas Motorcycle Accident Attorney?

There are a multitude of reasons why you should consider contacting Texas motorcycle accident lawyer Michael Grossman if you have suffered an injury due to a motorcycle wreck or if you have lost a loved one due to a fatal motorcycle accident in Texas:

• We understand vehicle accident law in Texas. With two decades of relevant experience investigating 18-wheeler wrecks, auto accidents, and motorcycle crashes, we know what, and, more importantly, who, to look for in connection to Texas vehicle accidents of all types.
• We can help you seek compensation for medical costs. Even relatively minor motorcycle wrecks can result in serious to severe injury. Such injuries can require extensive medical attention with resultant high medical costs.
• We are a proven wrongful death law firm in Texas. In the last twenty years, we have walked with many families through difficult times so that they could see justice served against those responsible for stealing their loved ones.
• We have ample experience in drunk driving accident cases in Texas. Our attorneys understand dram shop law and are willing to put in the oftentimes challenging work in order to hold negligent bars and restaurants accountable for their actions.
• We understand the technical details involved in motorcycle accidents, including those caused by defective parts. When necessary, we seek the help of experts who can provide invaluable expert testimony in certain cases.
• We understand that an undercurrent of bias against motorcyclists may exist in some circumstances. We will work to show a judge or jury, through relevant evidence, the truth of a motorcycle accident case so that those responsible for a motorcycle wreck will be held properly accountable.
• We have a hard-won reputation against aggressive insurance adjusters and defense attorneys. In fact, we have faced nearly every major insurer in the country. They know us and they respect us.
• We can help prevent you from being taken advantage of by an insurance company. When the Texas motorcycle accident law firm of Grossman Law Offices is hired, we become the entity that solely deals with an insurance adjuster. Since they know they can’t take advantage of our knowledgeable attorneys, we’re able to fight more aggressively for your rights at every turn.

With ample knowledge, proven experience, and a well-earned reputation, Texas motorcycle accident attorney Michael Grossman and his bike accident lawyers in Texas at Grossman Law Offices are ready to help you through this challenging time. To learn more about your legal options, contact us today toll-free at 1-855-338-0170 for a free legal consultation.