Houston Motorcycle Accident Lawyer

Attorneys for Motorcyclists Injured in Houston

Bikers injured because of other motorists’ negligent actions can take legal action to recoup medical costs, lost wages, pain, suffering, and other damages related to the accident. Contacting a Houston motorcycle accident attorney is a great first step after being injured on a motorcycle.

Getting the best lawyer for your case is important to protect your claims. Call Baumgartner Law Firm today for an experienced motorcycle accident attorney in Houston! (281) 587-1111. Let us help you win your case!

Houston is especially dangerous for motorcyclists given the congested traffic we have here. Texas requires certain minimum coverage for all drivers. However, learning the policy limits from the negligent driver’s adjuster is a difficult proposition. Usually, it takes a Houston personal injury lawyer to learn the other driver’s policy limits.

Contact an attorney if your motorcycle insurance policy has UM/UIM coverage. You may stack that coverage on top of the other driver’s policy limits to get compensated for your injury.

If you have questions about your crash, call Houston’s go-to injury lawyers at Baumgartner Law Firm for a FREE consultation! (281) 587-1111.

Why get a Lawyer for a Motorcycle Injury?

Dealing with an insurance adjuster on a personal injury claim is never easy. Hiring the right motorcycle accident lawyer to handle your case can not only maximize the money in your pocket but also take the stress out of the equation. Letting you focus on your recovery. The more severe the injury, the more you need help. Let our experienced motorcycle accident attorneys at Baumgartner Law Firm be your advocate!

How do We Help With Your Houston Motorcycle Accident Claim?

Here are some of the things our personal injury attorneys can do to help you:

• Locate witnesses and discover what they saw
• Help you get necessary medical care
• Get a certified copy of the crash report
• Gather all medical bills and records and study them
• Speak with treating physicians
• Retain experts to explain liability and damages to the court
• Deal with health insurance subrogation or hospital liens
• Investigate insurance coverage
• Negotiate with the adjusters
• File a lawsuit to protect your rights
• Work tirelessly to maximize your compensation
• Contingency fees

What Can I Expect from the Adjuster on a Motorcycle Injury Claim?

If you represent yourself after an injury accident with a motorcycle, you can expect some of the following from the insurance company adjuster:

Blame shifting

Attempts to assert you are at fault. This technique by the adjuster convinces you they should pay only a percentage of your damages, like pain and suffering and medical costs.

Disallowing Medical Expenses

Some of your medical expenses are declared “excessive” or “unrelated” and thus inappropriately disallowed for settlement discussions.

Low-balling

Low-ball first offers are often used to reset your expectations on the value.

Demanding a recorded statement

Insisting a recorded statement is needed to move forward with a claim. Then use the statement to hurt your case or deny the claim.

Requests for more information

Multiple requests for information are another tactic used by adjusters to delay your claim and run you around.

Frustration

Dealing with an adjuster whose job is to pay as little as possible (or nothing) is frustrating for anyone. It is even more difficult for the unprepared and those without expertise in personal injury law. Adjusters will not deal with you without a motorcycle accident attorney; in the same way, they will have to with a top-notch motorcycle accident lawyer on your side. Motorcycle accident victims need a good lawyer.  Take advantage of a no-obligation consultation from an experienced lawyer for motorcycle accidents in Houston by calling the Baumgartner Law Firm!

How to Prove Negligence by the Other Driver?

Many people think that that fault has been established just because the police officer ticketed the other driver. Logically, one would assume that responsibility is determined by issuing a traffic citation; however, legally, that is not the case. The officer’s opinion on fault may or may not be admissible as evidence in a lawsuit for damages. If the ticket is dismissed or the defendant pleads “no contest” to the ticket, a jury in Texas will likely not hear that they were ticketed. For car accident claims to establish entitlement for damages, claimants must prove:

• A duty of care between the parties (all motorists owe others on the road a duty of care to prevent harm to others);
• The defendant breached that duty of care (i.e., acted negligently);
• The defendant’s negligent actions led to the accident; and
• The motorcyclist suffered substantial injuries and damages.

Even when the adjuster says they “accept responsibility,” it does not mean the insurance company will make you a fair offer. Or that they will not later attempt to blame you or discount your damages. That statement is usually a subtle suggestion that you do not need a lawyer- you do! Motorcycle accident injuries are more complex than just motor vehicle accidents. The best way to deal with the adjuster if you have serious injuries is to hire a Houston motorcycle accident lawyer, and the second-best way is by preparation.

How Much is a Houston Motorcycle Case Worth?

Injured motorcycle riders can get damages, which include economic damages like lost wages and medical expenses. And also as non-economic or human damages like pain and suffering, disfigurement, or loss of enjoyment of life or disability. An injury claim after a motorcycle accident that was not your fault can vary from thousands to millions depending on the severity of the injuries. One factor that can limit compensation is insurance coverage.

How much compensation a personal injury victim can receive depends on many factors. A Houston motorcycle accident lawyer at Baumgartner Law Firm believes the following factors can impact the value of a motorcycle accident injury settlement:

• How clear is the liability on the other driver?
• How did the motorcycle accident happen?
• Are there extenuating factors such as a drunk driver?
• The amount of liability insurance that is available for damages?
• Where did the crash occur, and what are other venue options?
• What is the cost and type of medical care you received?
• Are there objective findings in diagnostic tests?
• What are your doctor’s opinions about the injuries’ severity and prognosis?
• Who did you hire as your injury lawyer?

Generally, damages for a case settlement are determined by adding the economic losses, like lost wages and medical bills to the human damages like pain and suffering and disfigurement to come up with a number. Estimating human or “non-economic” damages can be an art. Experienced attorneys can estimate case value by review of the medical records and consulting with treating physicians. The more severe the injury, the higher the potential damages. However, note that often with motorcycle crashes, insurance coverage limits may limit the compensation available for your injury. 

A Houston motorcycle accident lawyer can help you recover full and fair compensation.

How Long Do I Have to Bring a Motorcycle Accident Claim?

In most circumstances, you only have two years from the accident date to file a lawsuit for personal injury from a motorcycle accident. This deadline is known as the Texas statute of limitations. The same date also applies to wrongful death lawsuits from a motorcycle crash.

Other deadlines may be applicable, such as claims against a governmental entity.

Your best course of action is to contact a leading personal injury attorney immediately after your accident or injury to a loved one.

Uninsured Motorist Coverage and Motorcycle Accidents in Texas

If you have uninsured motorist insurance on your bike, this coverage can help your motorcycle accident claim if the motorist does not have liability coverage. Underinsured coverage helps when the negligent driver doesn’t have enough insurance to cover all damages. Calling the best motorcycle accident lawyers is a significant first step to protecting your rights with a motorcycle accident claim.

How Does Comparative Negligence Impact Motorcycle Accident Cases in Texas?

If you are found to be less than 51% at fault for causing an accident in Texas, you can still collect damages under our personal injury law. Texas is a modified comparative fault state for personal injury law. To recover damages in a motorcycle accident lawsuit, accident victims must show they were 50 percent or less at fault for the accident. The claimant’s responsibility reduces their damages in Texas. Get a case evaluation by experienced motorcycle accident attorneys by calling us at (281) 587-1111.

Examples of Comparative Fault in Motorcycle Accident Cases

For example, if a party was 20 percent at fault and suffered $100,000 in damages, his or her award is only $80,000 ($100,000 minus 20 percent fault). The comparative fault might apply if the rider wasn’t wearing a helmet. Helmet use likely won’t come into play if the rider suffered a broken leg in the motorcycle accident because it had nothing to do with the injury.

With a head injury, insurance companies may argue that not wearing a helmet contributed to the severity of the injury; therefore, the injured biker is partially at fault. Texas does not require riders older than 21 to wear helmets if they complete a training course or have adequate medical insurance.

Not wearing a helmet may be a factor in some motorcycle accident cases. Riders should discuss how their helmet use could affect their case with a lawyer from Baumgartner Law Firm. Generally, if the injury would not have been prevented or lessened by the helmet, the non-use of a helmet should not be relevant in a motorcycle injury case.

What are the Leading Causes of Houston Motorcycle Accidents?

According to the Texas Department of Transportation, one person dies in a motorcycle crash every day in Texas. The main factor in crashes with a rider is the failure of the other driver to see the motorcycle before impact. The issue is so prevalent that Texas has a program designed to educate the public about looking for bikes. The initiative is “share the road- look twice for motorcycles.”

Other common causes of motorcycle accidents are:

• A car turns left in front of you
• A vehicle changes lanes, hitting you
• You are hit from the rear
• Lane splitting by the motorcycle rider

Alcohol is a factor in many single-vehicle motorcycle wrecks, as is speeding.

What Steps Should I Take After a Motorcycle Crash?

After a motorcycle wreck, your priority should be getting the medical attention you need. When injured, it is difficult to obtain information at the scene. Usually, the police officers investigating the motor vehicle accident will talk to the other driver, get their insurance coverage, and visit the motorcycle rider in the hospital, if necessary. Contacting a motorcycle accident lawyer should also be done early.

Essential details to obtain at the scene:

• Insurance information for the at-fault driver
• Photos of the scene and injuries
• The identity and contact information of witnesses
• Video, the other driver if they admit fault

Often, you are hurt too badly to obtain the information. Ask a witness to get others’ names and addresses if you can. Here is an article about what to do after a motorcycle accident.

Getting Needed Medical Treatment

One of the most important things to do for yourself is to get treatment for motorcycle accident injuries. Don’t try to tough it out, only to discover later the true extent of your injuries. Delays in obtaining medical care can hurt your body and motorcycle accident claims. And your fight for fair compensation. Likewise, following up with a doctor is necessary, as recommended in the emergency room.

If you do not have health insurance, you may still receive medical treatment without paying for the care up-front. Call Baumgartner Law Firm to discuss getting medical care for your injuries. We can help you get needed medical care for injuries such as:

Traumatic Brain Injury

Spine Injury

Catastrophic Injury 

What Should I Not Do After a Motorcycle Crash?

Avoid contact with the Adjuster.

We recommend you not give a recorded telephone interview with the other driver’s insurance company after an accident. If you provide a telephone interview, always talk to a motorcycle injury attorney first. Many of the best motorcycle injury lawyers like Baumgartner Law Firm, offer free consultations- take advantage of it. Call us at (281) 587-1111! NEVER A CHARGE FOR AN INITIAL INJURY CONSULTATION ABOUT A MOTORCYCLE ACCIDENT CLAIM!

How to Pick a Houston Motorcycle Accident Lawyer?

Do your homework before you sign any contracts with an attorney. Spend a little time looking at the past motorcycle accident cases of the lawyer. Read about former clients, and look at the rating of the attorney at lawyers.com or martindale.com, which awards are peer-reviewed. Super Lawyers, Top 100 Trial Lawyers, Justia, Avvo, and others have recognized our motorcycle accident lawyers.  

Plus, we have been helping motorcycle crash victims for over 35 years. Referrals from friends and family can be a start but feel comfortable with the attorney you choose before you hire them. Interview several attorneys if needed. Find an experienced motorcycle accident attorney who can win your case!

Contacting a reputable personal injury lawyer at Baumgartner Law Firm with experience in motorcycle accidents is a good first step. A motorcycle accident attorney in Houston can conduct an initial investigation, document the accident, and deal with the adjuster for compensation for your injuries.

Questions to Ask a Motorcycle Accident Lawyer?

What is Your Track Record in Winning Motorcycle Cases?

Motorcycle cases involve issues that car or truck accidents don’t include. An experienced attorney with motorcycle case experience is essential to the outcome. A special license endorsement is required in Texas. Skilled insurance defense attorneys can use parts of the safety training to blame the rider for the crash. Getting a lawyer with experience winning motorcycle accident cases is one way to improve your odds.

When Was the Last Personal Injury Case You Tried to Verdict?

COVID has resulted in delays in jury trials for the last year-plus. While courts are backed up, looking to your day in court needs the right counsel. And having an experienced trial attorney in a motorcycle crash case should be on your checklist. The more severe your injury and damages, the better attorney you should require. Be wary of the lawyer or law firm with a reputation for settling everything or giving the file back to the client later. A law firm with a reputation for poor results is one to avoid. It is much better to research and hire one of the best motorcycle accident lawyers in Houston, TX, right away.

Which Lawyer Will Do the Work on My Case?

You may interview the senior partner when signing up for your case. But you must understand who will do the work on your case. If you receive the assurances that the experienced attorney will be overseen or work with another attorney, you should consider an alternative lawyer. Finding out who will take the depositions and handle the negotiations is a necessary inquiry. Otherwise, you may think you bought a Ferrari and have a Volkswagen instead.

Will You File a Lawsuit, and When?

The personal injury landscape has changed substantially over the last couple of decades. At one time, most cases could be settled out of court with skilled negotiations by the attorney. The process has changed, and often, litigation is required to move the file to an adjuster with real authority to get fair compensation. Even though most motorcycle accident cases settle before trial, most will require initial litigation to receive fair compensation.

Will You Handle the Property Damage to My Bike?

Another consideration is whether the attorney you are considering will help you with the property damage portion of your claim. Many personal injury attorneys do not handle property damage claims simply because there’s no mechanism for the attorney to get paid for that work. A conversation with the attorney on who will take that part of the claim will avoid a misunderstanding.

How Many Cases Do You Have Now?

Asking the attorney how many open files they have will give you an excellent understanding of how much time the attorney will have for your case. Some attorneys have too many available cases to be effective on any single one. While a heavy caseload is a proven method for the attorney to make a lot of money, it is the wrong choice for a prospective client if you get the impression that the attorney is rushed in your interview, which should speak volumes about your case will be handled.

Are You a Motorcycle Rider?

The more familiar the attorney is with motorcycles and the safety requirements, the better. The best mix for a personal injury lawyer handling a motorcycle case would be one that has motorcycle riding experience and substantial trial time. Spending a little time researching the attorneys you are considering can pay dividends in your case.

The alternative can be very painful and costly. You may end up with an inexperienced attorney with a record of settling cheaply and moving on. Alternatively, you can find yourself in the wrong hands and look for another attorney that complicates things after you have already hired the first one.

Call (281) 587-1111 or fill out the free case review form!