Rockport Motorcycle Accident Lawyer Providing Legal Representation for Motorcycle Accident Victims

Motorcycle accidents are potentially more catastrophic than crashes between two passenger vehicles because a motorcycle offers no protection for the rider. There are no airbags or seat belts to minimize the effects of a collision, meaning motorcyclists are often the ones who are severely injured or killed when involved in a collision with a larger vehicle. Fortunately, motorcyclists injured in a crash caused by someone else may be entitled to receive compensation for their injuries and property damages. Learn how motorcycle accident claims work in Texas and why working with a Rockport motorcycle accident attorney may be the best choice for your case.

What Are the Causes of Most Motorcycle Accidents?

Like other types of motor vehicle accidents, many motorcycle accidents are caused by human error – either due to reckless behavior such as speeding or operating a vehicle while under the influence of drugs or alcohol, or simply due to inexperience, distraction or negligence. This is usually applicable to both the motorcyclist and other drivers on the roadway.

A motorcyclist that is speeding has less than 2 seconds to take action and avoid a collision. This is a very short time to do anything when the motorcyclist is sober – and likely an impossible feat when intoxicated. In addition, motorcyclists are also more likely to collide with larger vehicles because the drivers of those vehicles often fail to spot the motorcycle in traffic before executing a maneuver, such as turning left or merging lanes.

In some cases, other factors may have contributed to the accident. Poor weather conditions, ice and snow, slippery roads, potholes, and even poorly designed roads can all lead to a motorcycle accident. In addition, mechanical failures caused by a defective part or another type of manufacturing defect can cause a motorcyclist to lose control and get seriously injured. Pinpointing the exact cause of a motorcycle accident is the first step to identifying who is liable for the accident and what steps the injured victim should take to recover compensation.

What Should I Do if I Was Injured in a Motorcycle Accident Caused by Someone Else?

If you were hurt in a motorcycle accident caused by someone else, your priority is to get medical help for any serious injuries. Even if you don’t feel injured, you should still go to the doctor and get examined because a medical report is a crucial piece of evidence in a motorcycle accident claim. By documenting your injuries and the progression of your symptoms, you will have better grounds to seek compensation for a motorcycle accident caused by another driver.

If possible, while still at the scene of the accident, you may want to recover more evidence to support your case. Pictures and video of the crash site, a copy of the police report, the contact information of the other driver’s insurance company, and the contact information of any witnesses may all be important for your case. Finally, contact a Rockport motorcycle accident attorney as soon as possible.

Will I Be Held Responsible for My Accident Because I Was Lane-Splitting?

Lane splitting is a term used to describe a situation in which a motorcyclist travels between two lanes of traffic in order to pass slow-moving vehicles. This practice can be inherently dangerous, especially for inexperienced motorcyclists. Some states have made it outright illegal for motorcyclists to engage in lane splitting, while other states allow it. In Texas, traffic laws do not directly address the practice of lane splitting. However, they do require each vehicle to travel in a single lane, meaning a motorcyclist who is lane-splitting could be said to be in violation of state traffic laws, but each case is unique and could be interpreted differently.

If the accident investigation determines that the accident was caused in part by the motorcyclist who was lane splitting, that motorcyclist could be partially at fault, and that may affect how much compensation they may receive. Texas follows a modified version of comparative negligence, which means you may still be able to receive compensation as long as you are not deemed to be 51% or more at fault for your accident. The percentage of responsibility assigned to you is subtracted from your total award amount. If you believe you may have been partially responsible for your accident, working with an attorney who can minimize your liability percentage is key to receiving maximum compensation.

How Much Time Do I Have to File a Motorcycle Accident Claim?

A motorcycle accident claim is considered a type of personal injury claim, and because of that, it is subject to a legal deadline. This deadline is called a statute of limitations, and it defines the amount of time a personal injury victim has to initiate a claim. Each state has its own statute of limitations. In Texas, the statute of limitations for a motorcycle accident claim is two years from the date when the accident occurred.

This means that the clock starts ticking on the day when your motorcycle crash takes place. Two years may seem like a long time, but the longer you wait to take action, the more complications you may encounter along the way. If your claim or lawsuit is initiated after the statute of limitations has run out, it may likely be dismissed right away. Taking prompt action and speaking to an attorney shortly after your accident is very important to maximize your chances of winning.

This is even more important if your lawsuit or claim involves a government entity such as the state, city, or county, because, more often than not, the state’s statute of limitations of two years does not apply to claims against a government entity. Each entity can have its own statute of limitations – giving claimants as little as 30 days in some cases. The bottom line is if you have been injured in a motorcycle accident caused by another party, taking action right away is the best thing to do.

What Should I Do If My Accident Was Caused by a Manufacturing Defect?

A motorcycle has to be carefully designed not just for performance but also for safety, yet sometimes defects can occur and ultimately lead to an accident. A faulty part, a design defect or even a manufacturing defect could all contribute to a dangerous flaw that can cause an accident and severe injuries to a motorcyclist or other roadway users.

Accidents caused by faulty products constitute a product liability claim. Victims hurt by those faulty products may have a claim against the manufacturer or party responsible for the defect, and a skilled personal injury attorney may be able to help you seek compensation for your injuries. If you believe your accident was caused by a manufacturing defect, contact an attorney to discuss your case as soon as possible.

How Can a Rockport Motorcycle Accident Lawyer Help?

Motorcycle accidents are often traumatic events, and it may be hard to even begin thinking about the steps you need to take to recover compensation. Your motorcycle may have been damaged or totaled, and you are left with a growing stack of medical bills and financial losses from an accident that wasn’t your fault. You should not have to pay for the result of someone else’s negligence, and the right motorcycle accident lawyer can help you fight back. You may be entitled to compensation to cover both economic damages (such as medical bills and vehicle repair bills, lost wages, loss of future earning ability, and property damage, for example) and non-economic damages (such as pain, suffering, and emotional distress resulting from the accident).

By working with a Rockport motorcycle accident attorney, you can rest assured your case will be handled by a professional who knows how to navigate the sometimes complicated process of negotiating with the insurance company in order to reach a fair settlement offer. Most insurance companies begin to take you more seriously once they realize you are working with an attorney, and because they would rather avoid the expense of going to a court trial, they may be more open to cooperating with you and accepting your claim.

At the Law Offices of S. Dylan Pearcy, Attorney S. Dylan Pearcy and his legal team have helped many injured motorcyclists in the Rockport, TX area to receive the compensation they deserve. They are committed to fighting for maximum compensation on behalf of their clients and are prepared to handle every aspect of their cases. When you choose to work with the Law Offices of S. Dylan Pearcy, you will not have to worry about dealing with insurance phone calls and red tape and can put your focus back on healing and making a complete recovery. Our legal team is ready to help you fight for the compensation you deserve after a motorcycle accident caused by someone else. If you would like to discuss your case and learn your options, contact our Rockport office by calling (361) 203-7097 and requesting a no-commitment initial consultation to get started.