Over 90 Years of Combined Motorcycle Accident Legal Experience

Motorcyclists encounter distinct hazards on the road, with fatalities and severe injuries being more prevalent compared to other types of motor vehicle accidents. Without the protective enclosure of a car or truck, riders have minimal safeguarding.  Therefore, leading to heightened risks of severe injuries, temporary or permanent disability, and tragically, fatalities.

While defensive riding is crucial for minimizing risks, it’s impossible to regulate the behavior of other road users. If you’ve sustained injuries in a motorcycle accident, seeking prompt guidance from Houston motorcycle accident lawyers is vital. At Burwell Nebout Trial Lawyers, we’ve assisted numerous motorcycle accident victims in obtaining the justice and compensation they’re entitled to. Our adept legal team will assess your case meticulously to devise the best course of action. Reach out to us today at (281) 645-5000 for a complimentary and confidential consultation regarding 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 — Because there is no metal frame surrounding motorcyclists, a rider will likely make contact with the road if they crash. Road rash occurs when a rider’s body slides along the pavement. The pavement cuts through clothing and can remove the topmost layers of skin. In mild cases, road rash will expose you to infection and can increase skin sensitivity once healed. In more severe cases, it 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)frequently occur in motorcycle accidents, especially if the rider is not wearing a helmet at the time of the crash. If you are over 21 and have either (a) completed a Motorcycle Operation Training Course or (b) have proof of at least $10,000 medical insurance coverage, Texas law does not require you to wear a helmet while riding. However, it’s good practice to do so, as helmet use dramatically decreases the likelihood of a TBI if you are involved in a crash. TBIs can have a serious and long-lasting impact on your life, including memory issues, 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. Similar to road rash, it’s common for motorcyclists to break bones upon impact, especially ribs, legs, arms, the skull, and the collarbone.
  • Traumatic muscle injuries (soft tissue injuries). These injuries are either direct results of impact during the crash or manifest indirectly due to other injuries. For example, severe road rash can damage upper muscle layers, and broken bones can injure 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 often promptly notify their insurance company to expedite paperwork processing. However, once submitted, this report is crucial as insurers use it to assess fault and determine payouts. Regrettably, certain injuries like closed head and spinal injuries may manifest symptoms days or even weeks later, complicating matters if changes are needed. To safeguard your interests, it’s wise to seek counsel from a Houston motorcycle accident lawyer if you’ve sustained injuries.

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The Process for Filing a Claim After a Motorcycle Accident in Houston

In Texas, the “at-fault” system dictates that the party deemed responsible for an accident is liable for damages incurred by the injured parties. Consequently, insurance companies refrain from disbursing funds until fault is determined.

However, the victim of the accident may be burdened with accumulating expenses.  For example, medical bills, lost wages, and property damage, which can have a significant financial impact. Hence, seeking guidance from a seasoned Houston personal injury attorney is paramount. Your Houston motorcycle accident lawyers can expedite the investigation process and position you for the most favorable outcome possible.

It’s crucial to recognize that insurance companies prioritize profit, often offering initial settlements substantially below what is fair. Therefore, it’s imperative to engage with an experienced Houston motorcycle accident attorney who can advocate for the maximum compensation available to you. At Burwell Nebout, while we endeavor to avoid litigation, if a reasonable settlement cannot be reached, we are fully prepared to pursue your case in court and vigorously fight to secure the complete compensation you deserve.

Damages You Can Receive After a Houston 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 significant in Houston 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, while still quantifiable, are often more challenging to assess. These damages stem from intangible harms typically associated with personal injury or wrongful death cases. Among the most common types of non-economic damages are pain and suffering, mental anguish, impairment, disfigurement, and trauma resulting from surviving a severe accident.

In cases of wrongful death, individuals who lose their spouse in an accident may pursue damages for loss of consortium, encompassing 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 instance, if a motorcycle accident renders someone paralyzed from the waist down, resulting in the inability to engage in sexual activity with their spouse, they may seek damages for loss of consortium.

Non-economic

 

Valuing non-economic damages is inherently subjective.  Therefore, presenting challenges in assessment which often lead defendants to dispute their alleged worth in court. A proficient Houston personal injury attorney possesses the expertise to evaluate non-economic damages effectively, aiming to optimize recovery. Conversely, inexperienced attorneys may overestimate non-economic damages.  As a result, prolonging the case and inflicting additional emotional distress on the plaintiff. Hence, it’s crucial to collaborate with a competent Houston personal injury lawyer capable of accurately calculating 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 a Houston Motorcycle Accident Lawyer Can Help You

After any accident, a personal injury lawyer plays a crucial role in ensuring you receive the justice and compensation you deserve.  Therefore, allowing you to concentrate on recovery. From handling assertive insurance companies to advocating for the highest settlement, an adept Houston motorcycle accident lawyer is your strongest ally.

Your attorney acts as a buffer between you and your insurance company during the claims process.  Therefore, safeguarding 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 treatment.  As a result, 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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