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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Motorcycle Accident in Texas

Cruising down the open roads of Dallas on a motorcycle can be exhilarating. Unfortunately, accidents can turn thrilling rides into painful ordeals.


Fortunately, victims reeling from serious injuries and mounting medical bills can hold the accountable party and their insurance company guilty for their losses.


A Texas motorcycle accident lawyer can help plaintiffs file a personal injury lawsuit in the Lone Star State.


Follow These Steps to File a Motorcycle Accident Lawsuit in Dallas, TX

Follow These Steps to File a Motorcycle Accident Lawsuit in Dallas, TX


Motorcycle accidents are terrifying and painful, leaving injured bikers with physical and emotional trauma. Anyone involved in a motorcycle wreck should follow the below-mentioned steps to secure a fair settlement.


  1. Medical Care 

While helmets and riding gear absorb most of the impact in a motorcycle crash, bikers can still fall victim to many other hidden wounds.


Such injuries may show over time. As a result, victims need to get immediate medical attention after a crash. Plus, official medical records from a hospital visit are evidence in a personal injury claim.


  1. Accident Scene Details 

Once medically stable, motorcyclists should try to take pictures and videos of the crash area. They should document the road conditions, vehicle wear, and public property damage around the accident zone.


Another vital thing to do is gather the other driver's contact information and exchange details with witnesses. Experienced motorcycle accident lawyers will use every bit of data they can find to strengthen the lawsuit. They can also consult on how to file a lawsuit for bicycle accident in Texas.


  1. Negotiations or Litigation

A personal injury lawyer will try to negotiate a fair compensation offer after filing a motorcycle accident lawsuit against the at-fault party's insurance company. While most negotiations end successfully, some claims may go to trial instead.


In this event, the plaintiff's motorcycle accident attorney will represent the client in court and present evidence before a judge and jury board.


Both parties will have the chance to state their opinions and show the evidence they have against each other. Properly documented motorcycle accident injuries will give victims an upper hand. For more information, a motorcycle accident law firm in Dallas TX may be able to help.


How Can an Experienced Motorcycle Accident Attorney Help Victims?


Other than highlighting severe injuries and presenting medical expenses in court, personal injury attorneys will also contact law enforcement officers for their statements. They can also assist with how to file a lawsuit for truck accident in Texas.


Police reports verify the details surrounding the minor or fatal motorcycle accident. An experienced attorney will also contact bystanders for their Dallas or Houston motorcycle accident versions.


Common Damages Plaintiffs Can Recover from Motorcycle Accident Claims


When pursuing a motorcycle crash insurance claim, plaintiffs can seek compensation for various damages incurred due to the accident.


  • Medical Expenses

Medical expenses are one of the most substantial damages victims can recover in motorcycle accidents.


These fees may include hospital bills, surgery costs, medication expenses, rehabilitation payments, and other medical treatments. Plaintiffs can seek compensation for past, current, and future medical expenses related to their wounds.


  • Lost Wages

Bike accidents can result in catastrophic injuries, requiring victims to take time off work for recovery. Plaintiffs can seek reimbursement for lost wages and income they would have earned had they not been injured in the accident.


  • Pain and Suffering

The physical pain and emotional suffering endured by bike accident victims are often significant and long-lasting. Complainants can seek reimbursement for pain and suffering resulting from their injuries, including bodily discomfort, mental stress, emotional anguish, etc.


While assigning a monetary value to pain and suffering is challenging, courts consider various factors, such as the injury severity and their impact on the plaintiff's quality of life.


  • Wrongful Death

Tragically, some motorcycle accident cases result in fatalities. In cases of wrongful death, surviving family members may pursue a wrongful death claim to seek compensation for the loss of their loved one.


Damages in wrongful death claims may include funeral expenses, loss of financial support and companionship, and other related issues.


What Happens If the Biker Is Partially Liable for the Crash?


Bike crashes can be complex, often involving multiple factors and parties. In some cases, determining liability for the collision may not be straightforward, and questions may arise about whether the biker shares some responsibility for the accident.


Partial liability, or comparative negligence, is when multiple parties share responsibility for an accident or injury.


In motorcycle accidents in Dallas, TX, the biker and another party, such as a car driver, may be deemed partially responsible for the crash.


If a biker was speeding during the accident but the other driver ran a red light, both parties may share the blame for the collision.


When a motorcyclist is found to be somewhat liable for a crash, it can significantly affect their ability to recover compensation for damages.


In states that follow a comparative negligence system, such as Texas, the compensation the plaintiff can recover may be reduced proportionally to their degree of fault.


Thus, if the motorcyclist is 20% at fault for the accident, the court will reduce their payout by 20%.


Proving Liability in Texas Motorcycle Accidents

Proving Liability in Texas Motorcycle Accidents


It's essential to know that partial liability is not always clear-cut. Other factors may also influence it. Environmental conditions, road hazards, and the actions of other drivers can all contribute to an accident.


On top of that, state laws and court precedents may impact how liability is apportioned in a particular case.


Even if the biker is 100% innocent, they still have to prove the four following elements to secure fair compensation:


Duty of Care

In all states, automobilists are responsible for acting reasonably and prudently to prevent harm to others.

To prove fault on the part of the other driver, the plaintiff has to prove the defendant had a duty of care toward them.  


Breach of Duty

Proving liability in a Texas motorcycle crash often hinges on demonstrating that the defendant violated their duty of care.


This breach can take many forms, such as reckless driving, speeding, distracted driving, or failing to yield the right of way.


Causation

Establishing a causal link between the defendant's breach of duty and the plaintiff's injuries is another crucial element in proving liability.


This requires demonstrating that the defendant's actions directly contributed to the accident and the resulting harm suffered by the plaintiff.


However, causation is tricky, especially in cases where multiple factors may have contributed to the accident.


Damages

Finally, the plaintiff must prove they suffered physical, emotional, and property damages due to the Texas motorcycle accident.


Conclusion


In the face of adversity, motorcycle collision victims should know they are not alone. The lawyers at Schuerger Shunnarah Trial Attorneys can help plaintiffs rebuild their lives after a devastating accident.


Stating, "We Go to War for You," these experts know how to collect and present evidence against the responsible party in court.

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