Tyler Motorcycle Accident Attorney

Tyler Motorcycle Accident Attorney Michael Grossman Discusses a Motorcyclist’s Rights Following a Bike Wreck

The chances of accidents occurring on a motorcycle are not in the favor of a rider. In Texas alone, there are over 400,000 motorcyclists on Texas highways. Motorcycle wrecks in Texas can occur for a variety of reasons, ranging from simple driver error to something malicious like driving while intoxicated.

If you have had the misfortune of injuries in a motorcycle accident in Texas, do you know your rights? If you have lost a loved one due to a fatal motorcycle accident, are you aware of the legal means at its disposal to get justice? The following article by Tyler motorcycle accident attorney Michael Grossman will help you answer these questions, providing relevant information on the damages available from motorcycle accidents in Texas. With two decades of experience in the Texas injuries and cases of wrongful death, Tyler motorcycle accident attorney Michael Grossman can help you through this difficult time.

Differences Between Motorcycles Accident and Car Wrecks

A motorcycle accident scene has easily perceived differences between car accidents and motorcycle wrecks. Motorcycle accidents often result in more serious injuries and a greater likelihood of death. Indeed, according to the Texas Department of Transportation, two-thirds of all motorcycle accidents in Texas result in serious injury or death to the motorcyclist. Texas had 434 fatal motorcycle accidents in 2009, representing 14 percent of all fatalities in Texas this year. In addition, there were 5,800 motorcycle injured riders or passengers in 2009. The devastating results of motorcycle accidents are much easier to understand because of the lack of protection for a rider and/or their passengers. A passenger vehicle by its construction offers much greater protection in the event of an accident than a motorcycle.

Unfortunately, many people do not see this big difference leads to a big difference in how such accidents should be handled in the legal field. For example, while the typical claim for passengers in a vehicle accident can be handled safely by either party requiring the assistance of a lawyer, there are few occasions when a motorcycle accident claim does not need advice from a Tyler motorcycle accident attorney like Michael Grossman. Due to the increased likelihood of serious injury or death, the amount of compensation that may be in play is high and so an insurer will fight aggressively against the interests of an injured victim or family of the deceased. Without the assistance of an attorney a motorcyclist can not understand the full value of their case and may be vulnerable to the acceptance of an offer that is lowball.

Deadly Motorcycle Accidents

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 more disturbingly: 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, our Tyler motorcycle accident attorneys can help uncover the truth of the scene so that each party can be properly identified and brought to justice for their negligent behavior. When there’s an accidental death due to negligence of another party, the surviving members of the family are entitled to file a wrongful death civil lawsuit against the negligent party or parties to claim compensation for damages death and survival damages.

Although only one family member can claim damages for the survival of the motorcyclist killed several members of the family may seek compensation for wrongful death for financial losses suffered as a result of the death of their loved ones. However, many wrongful death lawsuits are not prosecuted for specific compensation. Despite the damages sought are a necessary element to help a grieving family that has experienced financial losses as a result of the death. A wrongful death claim is also used to maintain responsible for their actions and bring justice. Before filing suit, a grieving family should contact a Tyler motorcycle accident attorney to conduct an independent investigation as to seek work in the fatal bike accident, so that all responsible parties are. Each party may be sued in its specific role in causing or contributing to the accident.

The Tyler motorcycle accident lawyers at Grossman Law Offices have two decades of experience in the investigation of fatal accident scenes. So, we are able to understand the complex scenes of road accidents, and know when to dig deeper to ensure that all parties responsible for the loss of a loved one can be found. Thanks to these efforts, we can work together to ensure that negligent parties to justice.

When Alcohol Is Involved In Texas Motorcycle Accidents

As in drunk driver accidents with cars, motorcycle accidents involving drunk driving can lead to a lawsuit filed against the bar or restaurant that negligent in over-serving someone who is intoxicated. Due to the DRAM business law in Texas, bar or restaurant that serves alcohol in excess so as to exceed the 0.08 blood alcohol level can be responsible when that patron then causes damage to themselves or others. For example, a biker is drunk, and wrecks causing injury to themselves, the bar can be held responsible. You can also invoke the dram shop laws if a drunk car driver hits the motorcyclist. In both cases, if the drunk driver was intoxicated due to alcohol over-served at the bar or restaurant before causing the accident, the injured party may seek compensation for negligent service of alcohol. An injured party can seek compensation from both the drunk driver and neglect bar or restaurant. The same question also applies to cases of wrongful death.

But bringing a suit when a person has been served more alcohol in a bar before a drunken motorcycle accident can be a challenge for those without prior experience in proving such cases. Tyler motorcycle accident attorney Michael Grossman and Grossman Law Offices have 20 years experience in drunk driving accidents in Texas. We have a comprehensive knowledge of dram shop law in Texas and can help ensure that all responsible parties are held accountable for their negligence.

Motorcycle Accident Injuries

Motorcycle accidents can cause damage and a wide range of injuries. Motorcycle accident injuries can be mild, such as bruises and scratches. They can also be life-threatening, such as head trauma or injury to the spinal cord. Road rash is a common minor injury, however, if a road rash is not treated in the appropriate amount of time, the injury can worsen with an infection. As is the case with all personal injury trials, it is important that the victim receive medical attention so that presumably can not suffer from a lack of mitigating the damage. For example, if a motorcycle accident victim, unable to seek medical help for road rash that becomes a life-threatening infection, the party or parties responsible for motorcycle accidents can not be responsible for the infection. The onus is on you to get medical care.

Serious motorcycle accident injuries include fractures and broken bones. Due to the open design of a motorcycle, drivers and passengers are often ejected from the motorcycle and thrown on the pavement. 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 often future medical expenses, 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 a motorcyclist injured can seek compensation for their lost wages.

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

Texas law requires that motorcycle helmet people under 21 to wear helmets while riding a motorcycle. 21 years olds have the opportunity to wear a helmet, as long as they have completed a motorcycle rider training course in Texas or can prove to have medical insurance. While the arguments for and against motorcyclists to wear helmets have been argued for years, the benefits of helmet use is difficult to be refuted. The most serious injury motorcycle accidents, spinal cord injury and traumatic brain injury can be avoided by the use of a motorcycle accident. These injuries can cause paralysis and often results in life-changing medical conditions that requires constant attention. With such a serious injury is substantial medical costs.

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 focus is accompanied by medical bills that can run to millions of dollars. Therefore, any insurance policy will have to pay an exorbitant amount for the victim will be strongly defended by insurance adjustors who don’t want to pay that much. Without the help of a lawyer for motorcycle injuries who is expert on your side and who can be equally aggressive in protecting your rights, you can get paid much less than what your case is probably worth.

Those who have suffered a serious motorcycle accident injury need to find a good Tyler 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 traumatic brain injury and spinal cord problems.

Defects in Motorcycles

Another source of motorcycle accidents are mechanical failures due to poor maintenance and/or product defects. Most cars have some sort of recall service that recommends a when there’s a problem in a part. It’s usually something that can be fixed easily. But, as the old adage says, when something goes wrong on a motorcycle, it is catastrophic. When the bikes are working well, they are still hard to handle because they require a great deal of skill and work on the part of the driver. 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 most well-designed and properly built bikes like the Harley-Davidson, Buell, Ducati, Suzuki, Yamaha, Honda, Kawasaki, Triumph and other motorcycle manufacturers can not prevent serious injuries as a result of the relatively small motorcycle protection offered by bikes for the driver and / or passenger.

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 costs and expenses that come with their intended use. A metering valve brake bias 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 allows victims to 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 for example) can not be properly installed both the producer or seller of motorcycle and supplier of each party is responsible, and it obviously depends on the extent of the negligence of both parties.

Products liability for motorcycles is a complex legal issue, and you can not gamble a portion of your claim on speculation. No, you must obtain and retain a significant amount of evidence. You just saying "It's a broken clutch" is not enough. You 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 requires a qualified engineer who 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 later.

Most liability claims that do not materialize because the person filing the complaint did not sufficiently document and preserve the evidence to support his claim. A person who is not a lawyer simply does not have sufficient knowledge of the procedural issues discussed in this case to adequately represent their claim. These product liability cases are even more than most lawyers can handle, and we recommend that you do not try to put a person to lead a products liability action who hasn’t handled them. It is vital that you hire a Tyler motorcycle accident attorney experienced and competent in motorcycle accidents.

Bad Maintenance, False Claims

Poor maintenance provided by a repair shop can also contribute to serious injury. Again, when something goes wrong in a car, the car can often make it to the store where you can repair it. However, mechanical failure on a motorcycle due to poor maintenance can cause a catastrophic incident resulting in serious injury or even death. Unfortunately, not all cycle repair shops hire properly qualified technicians. Poorly trained or motivated mechanic can make a mistake that leads to failure. In this case, a negligence action may be brought against a repair shop in question.

Some mechanical problems turn out not the result of an oversight at all. In some cases, a private seller or even a dealer agreement knowingly sells a bike that is in poor mechanical condition, and some will even go so far as to conceal the extent of poor condition. For example, our company recently was approached by a gentleman who has purchased a sport bike from an authorized dealer. When he rode the motorcycle home, the buyer discovered that the bike does not behave properly. Fortunately, he took the bike to a repair shop for inspection before he had an accident or suffered any damage. The workshop quickly discovered that under the steering yoke was cracked (which could obviously be disastrous), and most importantly, the frame was cracked, and masked with putty and paint spraying. Also, the radiator wasn’t even properly installed. In short, this bike was broken and the dealership made cosmetic repairs and sold it as if it were 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 at risk of punitive damages.

Without legal help at your side to represent your interests at any time, you can be exploited by an opposition that is working in its self-interest and not yours. Imagine what a defense lawyer would claim here.

Preconceived Notions About Bikers

Riders may face bias in the context of his motorcycle accident. The general public often thinks of groups of riders as wild, reckless in his manner and very much in their careless. The insurance adjusters and defense attorneys will be sure to stoke the fire of this bias so that the jury may be compelled to see a motorcyclist who is injured as more often complicit in his own accident. In other words, insurance experts use the bias of this false perception to put as much blame as possible on the same motorcycle. After all, if an expert can compel a judge or a jury to essentially think a motorcyclist is to blame for their own wreck, it can save their company a substantial amount of money.

Unfortunately, even if the motorcyclist was seriously injured in a motorcycle accident in Texas, an insurance adjuster is likely to further the work for the claim to be denied, despite the obvious needs and entitlement of the injured biker to reasonable compensation. This is one of the main reasons why any injured motorcyclist should speak to a Tyler motorcycle accident attorney before taking any action. So much potential compensation which can be put towards issues such as past and future medical expenses, property damage costs, lost wages, pain and suffering could be lost by making a fatal mistake. The choice of working alone or with sub-par legal representation, is simply the action of someone who is making a mistake and one you probably can not afford to take. You should speak to an experienced Tyler motorcycle accident attorney before you do anything else.

Our motorcycle accident lawyers understand that most drivers are safe drivers. They enjoy riding their machines on the weekend in the sun, or down to rallies or to the Austin ROT Rally every year. We know about the Toys for Tots annual ride. Thousands of Texans will appreciate the convenience of using a motorcycle as a primary means of transportation. These riders will maintain their own safety, the safety of passengers' and the safety of those around them while riding the bike. However, simply knowing that the motorcyclist who was involved in an accident is known to be a safe driver is not sufficient evidence to convince a judge or jury, that is, in fact the case. Relevant evidence at the scene of an accident must be submitted, and this evidence must be handled properly so that it is admissible in court.

Using evidence, in addition to eyewitness testimony (and evidence experts, if necessary), our lawyers can help you meet your burden of proof to show how the negligence was the cause of your accident and deflect the insurance adjustors’ tactics. Without this evidence, your words are empty and the tactics will beat you. The evidence is necessary to repeal any prejudices that could work against the victim of a motorcycle accident.

Moreover, if one of the defense lawyers for the insurance company conducted a thorough investigation of the accident scene (and the applicant has failed to conduct a study on their own behalf), an insurance adjuster may use the evidence to create a strong case against the victim of a motorcycle accident. Without relevant evidence to support your story, you stand little or no chance of being able to rebut the allegations against you.

Insurance Adjusters Can Be Horribly Aggressive

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

For example, the insurance adjuster will try to put the blame or at least as much blame as possible on any person other than their employer. 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 the customer will pay less insurance compensation. Thus, an aggressive insurance adjustor will do everything possible to deflect the blame as possible from his employer. They berate motorcycle accident victim over issues, hoping to confuse the victim about their recollection of the incident. Such missteps are recorded and then used persuasively in court after the victim denied the validity of the memory of the accident.

As another example of such aggressive behavior is when an insurance adjuster offers an injured victim or surviving family a quick settlement. More often than not, this compensation comes with the papers that 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 Tyler motorcycle accident attorney, the adjuster is often more likely to resolve the case for as little money as possible.

Do I Need a Tyler Motorcycle Accident Attorney?

Yes. There are many reasons why you should consider contacting Tyler 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:

• We understand vehicle accident law in Texas. With two decades of experience relevant to the investigation of big rig crashes, car accidents and motorcycle accidents, we know, and most importantly, to look through vehicle accidents of all types.
  
  
• We can help you claim compensation for medical expenses. Every bike crash can cause serious injury. These injuries may require extensive medical care with the resulting high medical expenses.
  
  
• We are a law firm proven in motorcycle cases and wrongful death cases in Texas. Over the last twenty years, we walked with many families through these difficult times so they can see justice done against those responsible for stealing their relatives.
  
  
• We have extensive experience in drunk driving accidents in Texas. Our lawyers understand the dram Shop Law, and are ready for use is often difficult to keep working for negligent bars and restaurants 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 valuable expert testimony in some cases.
  
  
• We understand that a background of prejudice against bikers may exist in certain circumstances. We will work to show a judge or jury, by appropriate evidence, who really caused a motorcycle accident, so that those responsible for a motorcycle wreck will be held fully responsible.
  
  
• We have a hard-earned reputation against claims adjusters and aggressive defense lawyers. In fact, we have faced almost all the country's largest insurance. They know us and respect us.
  
  
• We can help you avoid being taken advantage of by an insurance company. When the Tyler 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 because we are able to fight more aggressively for your rights at all times.

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