Over 90 Years of Combined Motorcycle Accident Legal Experience

Motorcyclists face unique dangers on the road, experiencing a higher incidence of fatalities and severe injuries compared to other motor vehicle accidents. Without the protective enclosure of a car or truck, riders have limited safeguarding, resulting in increased risks of severe injuries, temporary or permanent disability, and, tragically, fatalities.

While defensive riding is essential to reduce risks, controlling the behavior of other road users is impossible. If you have been injured in a motorcycle accident, it is crucial to seek prompt guidance from Alvin motorcycle accident lawyers. At Burwell Nebout Trial Lawyers, we have helped numerous motorcycle accident victims secure the justice and compensation they deserve. Our skilled legal team will thoroughly evaluate your case to determine the best course of action. Contact us today at (281) 645-5000 for a free and confidential consultation about your situation.

Motorcycle crashes can occur for many reasons, and even among riders with years of experience. Some of the most common types of motorcycle accidents include:

  • Head-on collisions—The vast majority of these accidents involve crashing head-on with an oncoming vehicle or colliding with a stationary object. Sadly, head-on collisions are often deadly.
  • Left-hand turn strikes—Riders must exercise extra caution when a car makes a left-hand turn. Motorcycle-auto accidents frequently occur when a car turning left hits a motorcycle as the rider attempts to pass the car or proceed through an intersection.
  • Colliding with stationary objects—Approximately 25 percent of fatal motorcycle accidents occur when the rider collides with a fixed object, compared to 18 percent of fatal car crashes. If you can prove that a property owner was negligent in placing the object—a mailbox, for example—too close to the road, you may be able to recover damages. The same is true with regard to park construction equipment that lacks reflective placards.
  • Road hazards. Because a motorcycle is smaller and less stable than a car, motorcyclists must exercise even more caution when riding in unfavorable weather conditions, through construction zones, and on poorly maintained roads.

Types of Motorcycle Injuries

As previously mentioned, the absence of physical protection around motorcyclists coupled with their smaller vehicle size heightens the risk of injury compared to occupants of larger vehicles on the road.

Some of the most common injuries suffered in motorcycle crashes include:

  • Road rash — Without the protection of a metal frame, motorcyclists are likely to contact the road during a crash. Road rash occurs when a rider’s body slides across the pavement, which can tear through clothing and remove the top layers of skin. In mild cases, road rash can lead to infection and increased skin sensitivity after healing. More severe cases can cause superficial nerve damage. Wearing sturdy protective gear designed for motorcycle riding can reduce or prevent road rash.
  • Head injuries — Traumatic Brain Injuries (TBIs) are common in motorcycle accidents, particularly if the rider is not wearing a helmet. Texas law does not require riders over 21 to wear a helmet if they have completed a Motorcycle Operation Training Course or have proof of at least $10,000 in medical insurance coverage. However, wearing a helmet is strongly recommended, as it significantly reduces the risk of TBIs in a crash. TBIs can have severe and lasting effects, including memory problems, impaired thinking and executive function, and seizures.
  • Spinal Cord Injuries (SCIs). Depending on their severity, SCIs can result in numbness, impaired movement, and paralysis.
  • Broken bones. It is common for motorcyclists to break bones upon impact, particularly ribs, legs, arms, the skull, and the collarbone.
  • Traumatic muscle injuries (soft tissue injuries). These injuries can result directly from the impact of the crash or indirectly due to other injuries. For instance, severe road rash can damage upper muscle layers, and broken bones can harm surrounding muscle tissue when they shatter.

What to Do After a Motorcycle Accident

The moments immediately following a motorcycle accident are pivotal in determining the outcome of a personal injury case. Many of the regulations governing auto accidents are equally applicable to motorcycle accidents.

Do’s

If you are conscious and able, do:

  • Exchange contact and insurance information with any other individuals involved in the accident;
  • Document as much as possible before leaving the scene, including taking pictures of the vehicles, the surrounding area, and your injuries;
  • Tell the police officer exactly what happened without assuming fault of any kind, and
  • Take yourself to the nearest emergency room to receive medical attention, even if you feel fine. Internal injuries are serious, and it can take hours or even days for someone to realize they are injured after an accident.
Do’s
Don’t’s

Don’t’s

Regardless of the circumstances, you should never:

  • Leave the scene until the police officer responding to the accident instructs you to do so unless you require immediate medical attention;
  • Admit fault to the police, any other involved party, or your insurance company; and
  • File an official report with your insurance company before going to a doctor.

 

After an accident, individuals typically notify their insurance company promptly to expedite paperwork processing. This report becomes crucial as insurers use it to assess fault and determine payouts. Unfortunately, certain injuries, such as closed head and spinal injuries, may not show symptoms until days or even weeks later, complicating matters if the initial report needs to be amended. To protect your interests, it is wise to seek counsel from an Alvin motorcycle accident lawyer if you have sustained injuries.

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The Process for Filing a Claim After an Alvin Motorcycle Accident

In Texas, the “at-fault” system holds the party responsible for an accident liable for the damages incurred by the injured parties. As a result, insurance companies typically delay disbursing funds until fault is determined.

However, the accident victim may face accumulating expenses such as medical bills, lost wages, and property damage, which can create a significant financial burden. Seeking guidance from an Alvin personal injury attorney is crucial. Your Alvin motorcycle accident lawyers can expedite the investigation process and help position you for the most favorable outcome.

It’s important to recognize that insurance companies prioritize profit and often offer initial settlements that are substantially below what is fair. Engaging with an experienced Alvin motorcycle accident attorney is essential to advocate for the maximum compensation available. At Burwell Nebout, we strive to avoid litigation, but if a reasonable settlement cannot be reached, we are fully prepared to take your case to court and vigorously fight to secure the complete compensation you deserve.

Damages You Can Receive After an Alvin Motorcycle Accident

In lawsuits, the compensation sought aims to offset the harm inflicted by the defendant, commonly referred to as “damages.” These damages fall into two categories: economic and non-economic, both of which are significant in Alvin motorcycle accident cases.

Economic

Economic

Personal injuries often come with financial burdens. By suing the at-fault party, you can seek damages to address various costs.  For example, medical bills and treatments for injuries, lost wages due to incapacitation and inability to work, and expenses related to vehicle repairs.

Non-economic

Non-economic damages, though quantifiable, are often more challenging to assess. These damages arise from intangible harms typically associated with personal injury or wrongful death cases. Common types of non-economic damages include pain and suffering, mental anguish, impairment, disfigurement, and trauma resulting from surviving a severe accident.

In wrongful death cases, individuals who lose their spouse in an accident may pursue damages for loss of consortium, which encompasses the deprivation of companionship, affection, and comfort typically provided by a life partner. Loss of consortium may also be sought in personal injury cases.

For example, if a motorcycle accident results in paralysis from the waist down, causing an inability to engage in sexual activity with their spouse, the injured party may seek damages for loss of consortium.

Non-economic

 

Valuing non-economic damages is inherently subjective, presenting challenges in assessment and often leading defendants to dispute their worth in court. A proficient Alvin personal injury attorney has the expertise to evaluate non-economic damages effectively, aiming to optimize recovery. Conversely, inexperienced attorneys may overestimate non-economic damages, prolonging the case and causing additional emotional distress for the plaintiff. Therefore, it is crucial to collaborate with an Alvin personal injury lawyer who can accurately calculate both economic and non-economic damages from the outset.

Texas Statute of Limitations on Motorcycle Accidents

In Texas, there’s a two-year window from the date of the motorcycle accident to initiate a personal injury claim. Once this period, known as the statute of limitations, lapses, your ability to recover damages may be forfeited. It’s crucial not to underestimate the importance of time in filing your claim. Delaying until the eleventh hour can significantly undermine your case, prolong its resolution, and potentially lead to failure in identifying all responsible parties for your injuries.

How an Alvin Motorcycle Accident Lawyer Can Help You

After an accident, a personal injury lawyer plays a crucial role in ensuring you receive the justice and compensation you deserve, allowing you to focus on recovery. From dealing with assertive insurance companies to advocating for the highest settlement, an Alvin motorcycle accident lawyer is your strongest ally.

Your attorney acts as a buffer between you and the insurance company during the claims process, protecting you from weakening your claim or assuming fault.

Surprisingly, many doctors decline to treat patients involved in motorcycle accidents. An experienced lawyer can recommend reputable doctors and clinics willing to provide proper treatment, steering you clear of “pain mills” that exhaust insurance funds while offering inadequate care.

Case Result

Automobile Accident

$19.2 million

Two clients killed as a result of a special defect in the shoulder of the roadway. A state court jury trial resulted in a $19.2 million verdict.

Premises Liability

$10 million

Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.

Liberty County Record Verdictt

Record setting verdict

Two high school seniors were on their way home on a stretch of road that had been the subject of repeated complaints to the Texas Department of Transportation (TXDOT) about the poor condition of the shoulder. When the students entered a curve, the poor condition of the shoulder resulted in a crash that killed one and severely brain-damaged the other. A trial against the Texas Attorney General’s office resulted in the discovery of altered records, a spoliation instruction, and a record-setting jury verdict for Liberty County.

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