Motorcycle enthusiasts are drawn to Houston’s scenic routes thanks to its diverse terrains and breathtaking views. From the lush Sam Houston National Forest to the challenging Woodlands Back Stretch, the thrilling Three Sisters, and the rustic Good Ol’ Texas Hills Loop, these paths offer a captivating experience.
However, as appealing as these journeys may be, Houston holds some of the most alarming statistics in the nation for motorcycle accident injuries and fatalities. This harsh reality raises an important question of the right to compensation for motorcyclists following an accident.
This guide provides a comprehensive insight into Motorcycle Accident Lawsuits, empowering you to understand and protect your rights.
Fault and Negligence
Identifying the at-fault party is a crucial first step in a motorcycle accident claim. Fault refers to the responsibility for causing an accident due to improper actions or a failure to take appropriate action. The fault is closely related to negligence, a failure to exercise the level of care a reasonable person would have under similar circumstances.
The fundamental elements of negligence include the duty of care, a legal obligation to avoid causing harm, and a breach of this duty, which means the defendant fails to uphold their responsibility. Other elements are causation, which refers to the harm resulting from the breach, and damages, which are compensable losses.
Who Is At Fault in a Motorcycle Accident?
The faulty part is responsible for compensating the victims. “Often, people hastily point fingers at motorcyclists when an accident occurs, influenced by the bikers’ reputation. However, this isn’t always accurate. ,” says Attorney Arthur L. Schechter of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys., a Houston motorcycle accident lawyer.
In some scenarios, the fault lies with the other road user involved in the collision due to reckless or negligent driving. In other instances, poor road conditions could be the primary culprit, posing hazards that even the most cautious motorcyclist can’t evade.
Faulty parts with either the motorcycle or the other vehicle involved also contribute to accidents, putting liability on the faulty part manufacturer.
When to File a Claim
After determining fault and negligence in your motorcycle accident, it’s crucial to identify the right time to file a claim. Typically, the sooner, the better, but you should also consider several factors.
For example, your Houston motorcycle accident lawyer might advise you to wait until you reach your Maximum Medical Improvement (MMI). This is the point in your recovery where your condition has stabilized, and there are no expectations for significant improvements.
However, while waiting for your MMI, be careful not to exceed the Texas statute of limitations for car accidents – typically two years from the accident date. Any claims filed after this period may not stand, regardless of their validity.
Immediate Steps After a Motorcycle Accident
In the immediate aftermath of an accident, your priority should be seeking medical attention. Even if injuries seem minor, call 911. This action is instrumental because it eliminates any treatment gaps that could negatively impact your claim.
Texas law requires reporting all accidents resulting in deaths, injuries, or damages exceeding $1000 to the police. Also, a police report is a key piece of evidence when filing your claim, so report the accident irrespective of circumstances.
Working with a lawyer significantly improves your odds of recovering fair compensation. When choosing your attorney, consider their geographical area of practice. A Houston motorcycle accident lawyer will understand the specificities of local laws and can provide personalized guidance better than an out-of-county lawyer would.
Also, consider their experience, success rates, and reputation. This information about them is readily available on their website, reviews, and social media mentions, so do a little digging before engaging.