Texas Motorcycle Accident Law Firm

The Texas Motorcycle Accident Law Firm of Grossman Law Offices on Your Rights Following a Motorcycle Crash

Texas roads and highways are often dangerous for the 400,000 motorcycle enthusiasts who drive them. Accidents involving motorcycles may occur because of distracted, drowsy, or drunk driving. What can you do if you have been injured in a Texas motorcycle accident? If your loved one was killed in such an accident, what is your legal recourse?

The Texas motorcycle accident lawyers of Grossman Law Offices offer this article to help answer your questions and provide information on motorcycle crashes in Texas. Grossman Law Offices, Texas motorcycle accident law firm, has twenty years of experience representing Texas personal injury and wrongful death cases that may help your case in seeking the financial restitution you deserve following a Texas motorcycle accident.

What are the Differences Between Car Accidents and Motorcycle Accidents?

To start with, motorcycle accidents have a greater probability of resulting in serious injury or death than do car accidents. Two-thirds of Texas motorcycle accidents lead to severe injury or death, according to statistics available from the Texas Department of Transportation. The year 2009 saw a total of 434 motorcycle accident fatalities, a number that equals 14% of all Texas traffic deaths for that year. Injuries were incurred by a whopping 5,800 motorcycle riders and passengers the same year. Considering the comparative lack of protection that a motorcycle provides when measured against an enclosed vehicle, it is easy to see why severe injuries or death are a common occurrence in motorcycle accidents. Top-of-the-line models of motorcycles manufactured by the likes of Buell, Ducati, Harley-Davidson, Honda, Kawasaki, Suzuki, Triumph, and Yamaha still afford less protection than enclosed vehicle models.

These differences are not apparent to most people when considering the consequences of a motorcycle accident, particularly in the legal system. Most claims made by owners of passenger vehicles are taken care of without the necessity of a lawyer. For victims of motorcycle accidents and their loved ones, the knowledge of an experienced Texas motorcycle accident law firm may be required. Insurance companies will not want to pay the substantially higher claim resulting from the increased risk of injury and death involved in motorcycling, which may lead to you or your loved ones accepting an offer that is much lower than your claim is actually worth. The Texas motorcycle accident attorneys of Grossman Law Offices can help you navigate the legal landscape in order to secure the financial restitution that you deserve after suffering a Texas motorcycle crash.

What Injuries May be Sustained Due to a Texas Motorcycle Accident?

Many different types of injuries may be sustained as a result of a Texas motorcycle accident. The range of motorcycle accident injuries spans from the less serious variety, like scratches or bruises, all the way to near-fatal injuries such as damage to the brain or spinal cord. One of the less serious injuries that may occur is road rash, although without proper treatment, it may lead to infection. It is very important to seek medical treatment for any injuries you may have suffered due to a Texas motorcycle accident. Seeking medical treatment is a basic component of most successful personal injury cases. The reason for this is that in an accident in which you have been injured, if you do not seek treatment for a medical condition that gets worse later, as in a case of road rash that was not treated and led to an infection, you may be considered responsible for failure to mitigate damages, and the entities responsible for your accident would not be held similarly responsible for the infection suffered later.

Some of the more serious injuries frequently suffered by victims of motorcycle accidents are fractured or broken bones. If the rider or passenger in a motorcycle is thrown from the motorcycle with sufficient force, fractured or broken arms, legs, or ankles may occur. If you have suffered from broken bones due to a Texas motorcycle accident, it is paramount to seek medical attention immediately. A successful personal injury lawsuit may be able to recover the financial damages that are incurred by visiting a medical professional. Additionally, victims of motorcycle accidents who lose time from work due to the injury, or those who lose their ability to work as a result of the accident that caused the injury, may also be able to seek financial restitution for the wages lost as a result of the accident. This financial restitution may be available by enlisting a Texas motorcycle accident lawyer to assist you with filing a Texas personal injury lawsuit.

The most severe injuries that result from a Texas motorcycle accident may include injury to the brain, spinal cord, or even severe disfigurement. All of these most severe of injuries may lead to the need for a lifetime of medical treatment and care. Some of the most severe injuries that are common in Texas motorcycle accidents are burn injuries. Burn injuries are a major cause of pain, suffering, and disfigurement following a Texas motorcycle accident. Scarring can result on the limbs, back, neck, or face due to severe burn injuries. One of the most severe injuries following a Texas motorcycle accident is the loss of a limb or an injury severe enough to necessitate amputation. The motorcycle accident survivor’s quality of life may be greatly reduced as a result of such an injury, in addition to the emotional anguish experienced by such a traumatizing event. You may be able to seek economic reimbursement through a Texas personal injury lawsuit to help you deal with the significant medical costs necessary for your recovery.

If you are under 21 years of age, you are required by Texas law to wear a motorcycle helmet while riding on a motorcycle. If you are over 21 years of age, wearing a helmet is optional as long as you have either taken a Texas motorcycle rider training course, or have the ability to prove that you have health insurance coverage for potential motorcycle accidents. For years, the issue of helmets for motorcyclists has been debated, but the benefits to wearing a helmet are nevertheless clear. Those motorcycle injuries with the most severity, including injury to the spinal cord or brain, may be prevented entirely by wearing a helmet when riding a motorcycle. Brain and spinal cord injuries can lead to paralysis and other conditions requiring life-long treatment, care and management. This necessary treatment can then lead to serious debt. If you have suffered from a traumatic Texas motorcycle accident, you may benefit from legal assistance to help you recover economically from the financial losses you have incurred due to the accident.

The level of seriousness of your injuries is what determines how long you will require medical treatment to help your condition improve. The cost of providing medical treatment to survivors of Texas motorcycle accidents can range from thousands to millions of dollars depending on the injuries treated, and insurance companies will fight tooth and nail to avoid paying the amount that your case is really worth. If this is your situation, you may benefit from the services of an experienced Texas motorcycle accident law firm such as Grossman Law Offices to ensure that you are fairly compensated for the hardships you have gone through.

Texas Motorcycle Accident Fatalities

According to the Texas Department of Transportation, somebody is killed in a fatal motorcycle accident every day. This means that one family in Texas loses a loved one in a motorcycle tragedy daily. If you have lost a family member due to a Texas motorcycle fatality, the Texas wrongful death lawyers of Grossman Law Offices can help you begin the process of a thorough investigation into the cause of the accident. If you have experienced the loss of a cherished loved one due to a Texas motorcycle accident, you have the right to pursue a wrongful death lawsuit to make sure the entities responsible for the accident are held accountable. With a wrongful death lawsuit, financial restitution is available in the form of survival damages and wrongful death damages.

Survival damages are damages that the deceased person would have been able to claim had they remained alive to make the claim. Essentially, one person from the family of the deceased acts in proxy for the deceased to claim survival damages. Usually, this person is the spouse of the deceased, but if the wrongful death victim did not have a spouse, survival damages may be claimed first by one of their surviving children, then by one of their surviving parents, and lastly by one of their surviving siblings, even though under usual circumstances siblings may not claim wrongful death damages in Texas. Survival damages that may be claimed in a wrongful death lawsuit include:

• Financial restitution for disfigurement
• Property damage
• Wages that would have been lost as a result of the Texas motorcycle accident, had the victim survived
• Pain and suffering
• Mental and emotional distress
• Future loss of wages that would have resulted from the motorcycle accident
• Bills that were paid towards medical treatment before the victim died

Wrongful death damages are available to be claimed as a way to recompense a grieving family for the loss of their loved one. Wrongful death damages may be pursued by spouses, parents, and children of the deceased. A single wrongful death lawsuit may comprise many different claims. Wrongful death damages that are available to be pursued for qualifying family members may include:

• Funeral and related preparation costs
• Loss of consortium, which can be described as the loss of the love of a unique, individual person
• Medical expenses related to the Texas motorcycle accident
• Mental and emotional anguish to the surviving members of the family due to the accident that caused the loss of their loved one

Wrongful death lawsuits are quite complex by their very nature. There are the many eligible parties who may be able to claim wrongful death damages. Each of their claims may be worth a different amount, depending on how close they were to the victim and the amount of financial support they were provided by the deceased. When you add in the survival damages that may be claimed by the single eligible person, you already have a case that would overwhelm an inexperienced lawyer. Motorcycle accidents, however, make a standard wrongful death lawsuit even more complex. This is because motorcycle accidents may have multiple causes or parties responsible. In order to successfully pursue a Texas wrongful death lawsuit for your motorcycle accident fatality case, you will need an experienced Texas motorcycle accident law firm. Grossman Law Offices has twenty years of experience handling cases like these, with a track record consisting of hundreds of successful cases.

Beyond the financial restitution that you deserve for having to deal emotionally and monetarily with such a tragedy, pursuing a Texas wrongful death lawsuit may be beneficial in dissuading the responsible parties from continuing their negligent practices that led to the Texas motorcycle accident fatality. If a manufacturer produces a faulty safety device, being asked to pay out to the victim’s families may offer a strong incentive for them to cease manufacturing the device and redouble their efforts to ensure that their products are safe for people to use.

Texas Motorcycle Accidents Resulting from Drunk Driving

The laws that govern who is responsible in a drunk driving accident are similar in the case of a motorcycle accident to a car accident. Bars and restaurants that serve alcohol have a responsibility to ensure that they do not over-serve their customers to the point that they are a hazard to themselves or others. Under Texas dram shop law, bars or restaurants that serve their patrons alcohol in amounts that cause them to surpass the .08 blood alcohol content level may be held responsible for the damage caused by the inebriated patron, either to others or to themselves. If a patron has been over-served alcohol to the point that it causes them to crash their motorcycle and injure themselves, a first party dram shop cause of action may be sought. If a drunk driver hits a motorcyclist in a crash due to being over-served alcohol, then a third party dram shop cause of action may be sought. Both of these instances have in common the fact that the restaurant or bar that over-served the patron that caused the accident may be held financially responsible for injuries that resulted from the accident. The difference is that in a third party dram shop cause of action, the injured party may seek financial restitution from both the inebriated patron that caused the accident and the establishment that negligently served that patron too much alcohol. The same dram shop laws apply in Texas wrongful death cases. These cases may be quite complex, and require the deft handling of an experienced Texas motorcycle accident law firm. The Texas motorcycle accident attorneys of Grossman Law Offices have two decades of experience pursuing Texas drunk driving accident cases. Our knowledge of Texas dram shop law can be of great assistance to your Texas motorcycle accident case if drunk driving was a factor. We will conduct a thorough investigation and make sure that all negligent parties are held accountable.

Defects in Motorcycles and Product Liability

Sometimes, Texas motorcycle accidents may occur as a result of a defect in the motorcycle itself, either in the production of the motorcycle or in its routine maintenance and upkeep. Even when a motorcycle is in excellent shape, it requires a great amount of attention from the rider to keep it upright. In the middle of a motorcycle accident caused by a sudden product failure, it can be more difficult for the motorcycle rider to slowly move it to the side of the road, thus increasing the likelihood of injuries.

If a motorcycle has been poorly designed or maintained, a motorcycle product liability lawsuit may be pursued. The manufacturer of a motorcycle may be liable for essential parts of the motorcycle that fail under duress during normal use of the motorcycle. Many parts of a motorcycle may fail if they are improperly manufactured. Some examples of these kinds of malfunctions include failed engine bearings, chains that break too easily, and improperly biased brake proportioning valves. If such a malfunction causes the injury or death of a motorcyclist, they or their families may pursue a Texas product liability claim. There may be many liable parties responsible for a Texas motorcycle accident in certain circumstances. When a singular, important component of a motorcycle fails, both the manufacturer of the motorcycle and the producer of the component may share partial responsibility for the Texas motorcycle accident that resulted, depending on the specific circumstances of the case.

A great deal of evidence is necessary to pursue a product liability case in the event of a motorcycle malfunction. If a motorcycle component does fail, it is necessary to prove that the failure was the result of negligence on the part of the manufacturer in order to successfully pursue a Texas motorcycle product liability case. A competent engineer must look at the components to give a detailed expert opinion on the cause of the failure. The defective products themselves, as well as the motorcycle, must be carefully preserved in order to allow them to serve as evidence.

Failed product liability cases often occur when the plaintiff does not sufficiently safeguard the evidence necessary to prove their case. Attempting to represent oneself is generally a bad move, because the legal matters involved may be too complicated for a layperson to sufficiently present their case. These cases require the representation of an experienced Texas motorcycle accident attorney in order to be successful.

If a motorcycle accident is the result of a product defect, it is not only the injured motorcyclist who stands to benefit from a successful Texas motorcycle accident case. When companies are made to pay the damages they owe to the victims of such accidents, it provides a powerful financial incentive to chance the practices that led to the accident in the first place. This helps to prevent other motorcyclists in the future from suffering a similar accident.

Misrepresentation of Condition and Other Issues Related to Motorcycle Maintenance

Severe injuries may occur if a competent service establishment performs substandard maintenance on a motorcycle. Properly functioning mechanical components on a motorcycle are crucial, because a faulty component may cause a deadly accident. When motorcycle technicians are inexperienced or do not know what they are doing, they may make a mistake on a vital component of the motorcycle. In these cases, the repair shop may be liable for the accident that occurred.

There are also some instances where the condition of a motorcycle may be intentionally misrepresented. We had an instance where we were contacted by someone who visited a licensed dealership to buy a sport bike. He noticed that the motorcycle was performing poorly, and took it to a motorcycle repair shop to have them take a look at it. The motorcycle repair shop uncovered numerous problems with the sport bike, including a cracked triple tree under the new fairings, a haphazardly attached radiator, and a frame that was damaged and had been covered up with spray paint and body filler. It was clear to the motorcycle repair shop that the bike had been in a prior accident, and the dealership in question attempted to conceal this fact from the buyer. Damages of this sort could easily have resulted in death. Additionally, the deception itself qualifies as a breach of the Deceptive Trade Practices Act. From a legal perspective, if the rider of this motorcycle had been in an accident as a result of the numerous problems covered up by the dealership, then the dealership would be liable for the accident.

Motorcycle Bias from Jurors and Adjusters in Texas Motorcycle Accident Claims

As traumatic as a motorcycle accident can be, it is often made worse by bias against motorcyclists. Motorcyclists have a long history of being portrayed as lawless renegades, and the defense attorneys and insurance adjusters involved in a Texas motorcycle accident case will likely try to use this image to their advantage by attempting to convince the jury that the motorcyclist was to blame for the motorcycle accident. If the jury can be convinced of this, then the insurance adjustor stands to save their company money.

To the insurance adjuster, the very real need for the motorcyclist to attain economic reimbursement for the damage caused in a Texas motorcycle accident will be no reason not to attempt to deny the claim. This is one of the reasons that obtaining the assistance of a Texas motorcycle accident law firm is crucial in these cases. Motorcycle accidents can be costly, from dealing with medical bills and property damage to loss of wages, and in such a situation it is important to ensure that you are adequately represented by an experienced Texas motorcycle accident attorney. The Texas motorcycle accident attorneys of Grossman Law Offices have twenty years of experience to use in building a strong case in your favor and against this bias. We can help you in the complex process involved in seeking the financial restitution you deserve.

The Texas motorcycle accident attorneys of Grossman Law Offices understand that numerous motorcyclists are safe drivers who enjoy the experience of riding motorcycles or participating in rallies. Texas has thousands of motorcycle enthusiasts who realize the benefits of motorcycles as a cost-efficient means of transportation and ride safely to ensure the protection of their passengers, themselves, and other drivers. Even so, it can still be difficult to convince a jury that a motorcyclist was not to blame for their accident, regardless of their spotless driving record. In a Texas motorcycle accident, it is imperative for evidence to be collected as soon as possible. This is why it is important to make sure you have an experienced Texas motorcycle accident law firm on your side if you have suffered from an accident involving a motorcycle. Evidence must be collected properly in order to be admissible in court. Eyewitness and expert testimony must be obtained when necessary to prove negligence of the party that caused the accident. All of the negligent parties must be identified correctly through a thorough investigation. When you hire the Texas motorcycle accident lawyers of Grossman Law Offices, we begin the investigation immediately to make sure all of the liable entities are identified and held accountable for the accident. The scene of an accident can change quickly, so an investigation must be performed as soon as possible to collect sufficient evidence to help build your Texas motorcycle accident case. The evidence collected will help to overcome the biases you may be faced with over the course of the case.

Forceful Insurance Adjusters in Texas Motorcycle Accident Cases

Insurance companies may be poised to lose a great deal of money in a Texas motorcycle accident case. Insurance adjusters are therefore trained to avoid losing money for their company at all costs. A few insurance companies even give their insurance adjusters bonuses depending on the amount of money they are able to save from such a case. Adjusters have several strategies they use in their attempt to deny or decrease your claim.

One way to get a claim dismissed is to focus the blame involved in the accident on the motorcycle accident victim. If many different entities are believed to share in the blame for the accident, the insurance company has less money to pay out. Some insurance adjusters use more forceful tactics, such as overwhelming the victim with questions designed to poke holes in the victim’s case. If you have been the victim of a motorcycle accident and make a misstep in recounting the details clearly, an insurance adjuster may attempt to use this against you in court as a sign that you do not remember the accident in sufficient detail to warrant blaming their company for the Texas motorcycle accident. Insurance companies will often do their own investigation of the accident and accident scene, and without an experienced Texas motorcycle accident law firm to conduct an investigation on your behalf, it can be even harder to prove that the accident was the fault of the company in question.

Another tactic often used by insurance adjusters is that of offering the victim or victim’s family far less money than they know the case is likely to actually be worth, in an attempt to make the victim sign away their rights to further pursue the case. The settlement offered is usually enough to be tempting to a victim struggling in the wake of a painful and expensive accident, but cases like these are usually worth much more than the insurance company initially offers. If you have been the victim of a Texas motorcycle accident, it is of great importance not to sign anything immediately. It is likewise important to avoid talking to the insurance adjusters, if possible, until you have hired an experienced Texas motorcycle accident attorney. With proper legal representation from an experienced Texas motorcycle accident lawyer, you stand a greater chance to receive a fair compensation for the amount that your claim is actually worth.

How to Tell if a Texas Motorcycle Accident Law Firm Can Benefit Your Case

If you have experienced severe injuries due to a motorcycle accident in Texas, you should consider contacting the experienced Texas motorcycle accident lawyers of Grossman Law Offices to represent you. The following is a list of several reasons detailing how the representation of an experienced Texas motorcycle accident attorney can help your case:

• We have twenty years of experience investigating car and other automobile crashes, accidents involving 18-wheelers, and motorcycle accidents. Our understanding of vehicle law in Texas is thorough, and we can use our knowledge to benefit your case.
• We can offer our assistance in attaining financial reimbursement for the medical bills associated with your accident. Dealing with the financial aftermath of a Texas motorcycle accident is difficult. The numerous hospital visits and treatments may add up quickly, even if the accident was comparatively minor.
• We stand behind our experience as a Texas wrongful death law firm. We have successfully pursued hundreds of wrongful death cases, allowing the families of the victim to attain justice and economic restitution for the death of their loved ones.
• We have a great deal of experience in handling Texas drunk driving accident cases. The Texas motorcycle accident lawyers of Grossman Law Offices have a thorough knowledge of Texas dram shop law. Pursuing claims against bars and restaurants for over-serving their patrons can be difficult for less experienced lawyers. With twenty years of experience, Texas motorcycle accident law firm Grossman Law Offices is able and willing to hold those responsible accountable for the accident.
• We appreciate the technical nuances of Texas motorcycle accident cases often necessary to pursue a product liability claim for a faulty component. We will contact experts to testify if your case requires it.
• We sympathize with the bias faced by motorcyclists. When the evidence shows that a manufacturer or other entity is at fault for a Texas motorcycle accident, we will present the evidence to the jury to demonstrate the true circumstances that caused the accident and hold the liable parties accountable.
• Our reputation precedes us in the insurance world. We have gone up against almost every major insurance company in the country. Many will offer our clients a fair settlement when they see that we are representing the case. If they refuse to offer a fair settlement, when the case is over, they frequently wish that they had.
• We can provide you with valuable assistance in avoiding the circumstance of having an insurance company take advantage of you. When you hire the Texas motorcycle accident lawyers of Grossman Law Offices, we become the point of contact with the insurance company, thus preventing them from attempting to get you to sign away your rights or presenting you with a lowball offer.

The Texas motorcycle accident attorneys of Grossman Law Offices have the experience and well-deserved reputation necessary to assist you in pursuing the financial restitution you deserve following a Texas motorcycle accident. If you would like to learn more, or just have some questions, give us a call toll-free at 1-855-338-0170 to receive a free consultation.