Motorcyclists continue to face high risks of accidents. According to reports, motorcycle riders are 29 times more likely to die in an accident than motorists in a car crash. Furthermore, around 30% of motorcycle fatalities involve traumatic brain injuries.
Motorcycle accidents in Austin can be horrific and often leave their victims with temporary and sometimes permanent injuries that cause irreparable losses. In addition to these life-changing injuries, obtaining compensation for medical bills can be difficult. Some individuals have so many medical bills that they see no way out.
If you have been the victim of a motorcycle accident, you need an experienced motorcycle accident lawyer to defend you. Your first step is to gather all relevant information and then consult with a professional who will review your case and then guide you through the oftentimes complicated legal process.
Even if you’ve already submitted a claim that was not favorable, you may still be able to recoup damages. A competent attorney can help you recover damages even if you’ve been previously unable to do so.
Important Steps To Take if You Are Involved in a Motorcycle Accident in Austin
Once you’ve been in a motorcycle accident, there are certain things you should do. They are:
- Seek competent medical care and document all treatments.
- Call the police and fill out the necessary paperwork while gathering evidence, including photos.
- Do NOT admit responsibility for the accident.
- Obtain contact details of other parties involved in the accident, including witnesses.
- Do NOT sign any type of settlement documents without discussing them with your attorney.
You can also reach out to a lawyer in the aftermath of an accident, as an attorney can provide you with guidance on how to proceed.
Reasons You Need a Motorcycle Accident Attorney
While there are various reasons to hire a motorcycle accident lawyer, the four primary reasons are:
Under Texas law, a person can recover damages only to the extent that the defendant was at fault. An individual involved in a motorcycle accident cannot be more than 50% at fault for the accident to qualify for compensation in Texas.
Although the insurance company may try its best to establish your negligence and offer you a minimal settlement, an experienced attorney can help you establish the other party’s negligence and may be able to negotiate a higher payout.
Statute of Limitation
An important step to filing a successful claim is to file it on time. Per Texas law, you must file a lawsuit within two years of the date of accident or diagnosis of injury, depending on the case and your injuries.
In some instances, you may have longer if your injuries weren’t easily detectable before the statute of limitation expired. If you don’t file your claim in time, you may lose your right to file one altogether.
Determining the Amount of Compensation
In addition to your physical injuries, a liable party can be held responsible for many other types of damages, such as post-traumatic stress syndrome (PTSD), job loss, inconvenience, and pain and suffering. An experienced attorney can help you determine what damages you should seek from the insurance company. They can draft a demand letter and file a lawsuit if you can’t reach a satisfactory settlement with the insurance company.
Proving negligence on the defendant’s part determines the compensation you will receive. Once you prove this, half the battle has been won. In most cases, the four elements necessary to prove the defendant’s negligence are duty, breach of duty, causation, and damages.
Although this may seem like a straightforward path, every case has obstacles that make it challenging to prove each of these elements. That’s why extensive research and a well-developed legal strategy from an experienced courtroom litigator is critical in these type of cases.
Consider Obtaining Legal Representation
If you are dealing with the aftermath of a motorcycle accident in Austin, you realize the process is stressful, and emotional, and has high stakes for your future. If you have questions about your rights or want to evaluate your legal options, contact an experienced lawyer for a free case review.
Contact Our Motorcycle Accident Law Firm in Austin, TX
3101 Bee Caves Rd #301
Austin, TX 78746, United States