How Settlement Money is Divided in a Motorcycle Accident Case
How Settlement Money is Divided in a Motorcycle Accident Case
Motorcycle injury cases in Texas are handled like other personal injury claims. If two riders are involved in an accident, the settlement money is usually divided based on the severity of the injuries, other damages, and other factors. Call a Houston motorcycle accident lawyer at Baumgartner Law Firmย for help.
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There is no set formula for dividing damages between motorcycle and truck crash victims. The money can be but is not always divided based upon the โspecials,โ which are theย economic damages such as medical bills and lost wages. However, the more important consideration is the severity of the injury. There is noย average motorcycle settlement.
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Some motorcycle accident compensation examples
Two people on a bike or hit from the rear while stopped at a stop sign. Liability by the other driver is clear, and there is no contributory negligence by the motorcycle driver. Both motorcycle riders sustained similar injuries and had similar treatment; most likely, the division would be 50-50. But rarely will injuries be the same. Motorcycle injury settlements are unique to each rider.
Severity of Injury
Two people were in the same situation, but one victim lost two fingers. The other had a whiplash injury. Both went to the emergency room and had emergency room billing. The whiplash victim got chiropractic treatment and healed in three months. The person who lost two fingers had no ongoing medical care after the amputation. The whiplash victims had higher medical bills but less severe injuries. In this situation, the likely division would favor the person who lost two fingers.
What is the Average Settlement?
Motorcycle accidentย cases depend on many factors, such as whether there will be future medical expenses. There is no true averageย motorcycle accident settlementย because numerous factors apply to each claim.
For example, if the negligentย driver was intoxicatedย and caused the accident,ย punitive damagesย may be sought in addition to actual damages, likeย pain and sufferingย and medical bills.
Each personโs claim is separate
While the above examples provide an overview of the factors considered, each personโs claim is considered separately. One person may agree to a settlement, while the other declines. The insurance company for the negligent party will determine what they feel each partyโs case is worth.
An Experienced Personal Injury Lawyer Can Investigate
Motorcycle accident settlement amounts will vary. Theย motorcycle accident attorneyย you choose should have substantial experience and be able to advise everyone about their opinion of values.
Our experiencedย personal injury attorneys in Houstonย will carefully evaluate a motorcycle injury claim in Houston. We have been handling motorcycle accidents and settlements for over three decades.
How badly you are hurt is a big issue in motorcycle crash cases.ย Traumatic brain injuryย is common, especially when no helmet is worn.
Everyone does not need the same attorney.
If you are riding a motorcycle with another person and are involved in an accident, you do not have to choose the same motorcycle accident lawyer your friend chose. Sometimes, particularly when there are no allegations of contributory fault, having the same attorney can make sense to save on case expenses. Always look for an experienced motorcycle accident attorney.
If Contributory Fault is Claimed, Separate Attorneys are Best
At other times, separate attorneys may be best if fault is an issue or the insurance company is attempting to blame the motorcycle driver.
How being partly at fault can impact damages
Texas is a โcomparative faultโ state. If someone were more than 50% at fault for causing an accident, they would be barred from getting damages for a personal injury accident. If their responsibility is less than 51%, their damages are reduced by the percentage of fault.
Comparative Fault Examples
John was riding his motorcycle when a pickup turned in front of him, and he struck the side of the pickup. The pickup driver was found at fault forย failing to yield the right-of-way. However, witnesses to the crash testified that John was traveling well over the speed limit and passed them as if they were standing still.ย If a jury determined John to be 1/3 at fault for the accident, John would receive 2/3 of his damages (or the amount of damages less 1/3 for his fault).
In the same example above, if the jury found John to be 60% at fault, he would not receive compensation for his injuries. Consulting a personal injury lawyer about a motorcycle accident claim after a severe injury is a must.
Insurance factors in Texas
Texas vehicle insurance, which includes motorcycles, is written at a minimum of $30,000 per person and $60,000 in total. If another driverโs negligence injured two people, the maximum amount that any one person could receive would be $30,000. Of course, many people have much higher liability policy limits.
Insurance Coverage Impacts Settlements
Theย average motorcycle injury settlementย will include a factor in the amount of insurance coverage.
One of the first things your personal injury attorney will do is determine how much insurance is available from theย defendant.
If you have Under-Insured (UIM) coverage
If you have UIM coverage under your policy or on your motorcycle, underinsured motorist policies may provide benefits if your damages are above the other driverโs policy limits. In Texas, UIM benefits are stacked on top of the liability coverage for the negligent driver up to the amount of your damages.
Contact A Houston Motorcycle Accident Attorney
If you have questions about the vision of settlement proceeds betweenย personal injuryย claimants, theย cost to hire a motorcycle accident attorney, or how to proceed in a claim case against the other driver or your insurance company, call for a no-obligation consultation. (281) 587-1111.
Hospital liens and health insurance payback
If you were treated at a hospital and did not have health insurance for the hospital did not take your health insurance, there is a good chance that you may have a โhospital lienโ that attaches to any settlement. Insurance companies will not pay liability coverage without addressing a hospital lien that is filed on your case.
Subrogation or Liens
If you use your health insurance for your medical treatment, your health insurance company may seek to be entitled to be paid back from settlement proceeds. This payback isย known asย โsubrogation.โย Our motorcycle accident lawyers are skilled in negotiating reduced payments to hospitals and health insurance companies.
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Related Links
- What is the Average Motorcycle Injury Settlement?
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Call an Experienced Motorcycle Accident Lawyer In Houston for Help
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Related Resources:
How Much is a Good Settlement for a Motorcycle Accident in Houston?
Motorcycle Awareness Month in Texas
A Guide to Motorcycle Laws in Texas
What is the Average Motorcycle Injury Settlement?
What To Do After a Motorcycle Accident?
8 Essential Factors to Consider When Hiring a Motorcycle Accident Lawyer in Houston
Motorcycle Passenger Rights After an Accident in Texas
About Our Law Firm in Houston
Houston personal injury attorney Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Baumgartner Law Firm has limited our law practice to fatal accident and serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
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