Motorcycle accident victims or their surviving family members are entitled to compensation if the crash was caused by someone else.
Texas laws allow people who were harmed in these incidents and dependents of individuals who lost their lives under the same circumstances to take legal action against the at-fault party.
Through a personal injury lawsuit, they can seek compensation for the damages and losses they suffered, including their medical expenses and lost wages.
However, victims must file the motorcycle accident claim within a specific timeframe. This is known as "the statute of limitations." After this period expires, they may lose their right to bring legal action against other people or entities.
Why Is the Statute of Limitations Important?
In a motorcycle accident claim, the statute of limitations defines how much time victims or their surviving family members have to file a personal injury lawsuit.
Texas has set this deadline as a way to resolve motorcycle accident cases within a reasonable timeframe. Plus, it protects defendants from potentially unfair legal action.
Victims must understand and respect the statute of limitations. Failing to file a lawsuit against the at-fault driver or entity before this deadline expires can have serious consequences.
As mentioned, if they don't file the motorcycle accident claim within that period, injured parties and victims' dependents may lose their right to pursue compensation.
What Is the Statute of Limitations for a Motorcycle Accident Case in Texas?
The statute of limitations for a motorcycle accident case in Texas is two years. That means victims will have up to 24 months to take legal action against the party that caused their injury and hold them accountable for their damages.
If someone is involved in a fatal motorcycle accident and dies as a result, their surviving family members can file a wrongful death suit to recover compensation for funeral expenses and other losses.
In cases where the motorcycle accident victim passes away, their dependents are required to file the lawsuit within two years from the day the death occurred. Schuerger Shunnarah Trial Attorneys can provide information on the construction accident statute of limitations in Texas as well.
Can This Deadline Be Paused or Extended?
The two-year statute of limitations applies to most personal injury claims and wrongful death cases. However, this deadline may be different under certain circumstances.
According to Texas laws, some exceptions allow people to pause or extend the statute of limitations for motorcycle accident claims. Below are the most common:
Minority
Victims who are minors when the motorcycle wreck occurs may qualify for an exception that allows them to pause the filing deadline until they turn 18.
After injured people reach that age, they'll have two years to file a personal injury claim against the at-fault party.
Mental Disability
If victims are unable to understand what's happening or take legal action on their own due to a mental disability, the statute of limitations may be paused until they're deemed capable of filing a lawsuit.
Fraud
When defendants commit fraud to conceal the cause of action, the deadline for filing a motorcycle accident claim may be paused.
Texas law provides that the statute of limitations shall resume from the moment victims discover or should have discovered the cause of action.
Discoverability
If injured people cannot file motorcycle accident claims because they haven't yet discovered the cause of action, this deadline will be paused until they do or should have done so. The reason behind this exception must be reasonable and verifiable.
Absence of the State
Texas pauses the statute of limitations for motorcycle accident cases when defendants are out of state. In these cases, the filing period begins as soon as they return.
Military Service
Some motorcycle accident victims may be eligible to pause or extend the statute of limitations if they're on active military duty.
What Should Victims Do After a Motorcycle Accident?
Motorcycle accidents can be devastating. Victims often experience intense pain due to their injuries and see their medical bills pile up. This experience can be really overwhelming. However, they're entitled to compensation.
To have better chances of winning fair remuneration, injured people or victims' surviving family members should contact an experienced motorcycle accident attorney. They are also able to help with the truck accident statute of limitations in Texas.
Expert lawyers can guide them through the legal process to help them understand their rights and build a case before the statute of limitations expires.
What a Texas Motorcycle Accident Lawyer Can Do for Victims
Besides providing the advice victims need to understand the laws that define filing periods, our motorcycle accident lawyer in Dallas with experience in motorcycle cases can help them with the following:
Collect evidence, such as medical records and accident reports
Handle conversations with the insurance company to try to settle the case out of court
Help victims understand their rights and how the Texas legal system works to make the best possible decisions about their cases
Build solid personal injury claims and file lawsuits on behalf of victims before the statute of limitations expires
Evaluate the motorcycle accident case to determine if victims can pause or extend the statute of limitations
Calculate damages to pursue fair compensation
Represent victims in court
Final Thoughts: Get in Touch With a Personal Injury Lawyer Today!
Motorcycle accidents can be catastrophic and change victims' lives forever.
Since they often involve larger motor vehicles, these crashes can seriously injure motorcyclists. In the worst-case scenario, riders can lose their lives.
However, victims are entitled to compensation under Texas laws. Motorcyclists who are injured due to another person's negligence or recklessness have the right to take legal action against the at-fault party.
In Texas, there's a time limit to bring legal action against the person or entity that caused the accident. Victims must file the lawsuit before this deadline expires. Otherwise, they won't be able to recover compensation for their damages.
With the help of a lawyer, this process can be less overwhelming. Fortunately, victims can find a trusted legal professional at Schuerger Shunnarah Trial Attorneys.
Our law firm is fully committed to helping victims fight for their rights and recover the compensation they deserve. Contact us today and get your case evaluated before the statute of limitation expires!