Since motorcyclists are often left unprotected from the direct impact of a collision, motorbike collisions are usually much more severe than crashes that involve passenger vehicles. Due to the severity of the injuries and damages they may sustain in a crash, bikers are often eligible to recover compensation from a negligent party who caused the crash.
Retaining an Arlington motorcycle accident lawyer from The Texas Law Dog could be the best way for plaintiffs to get the reimbursement they need to cover their medical costs and other losses.
Making a full recovery should be at the top of your list of priorities. But there is no reason it should come at the expense of your financial future. Let an Arlington personal injury lawyer with our firm help you with your case and help you seek compensation from the party that caused your wreck – we are available 24 hours a day, seven days a week when you need legal guidance and support.
Some Motorcycle Accidents Are More Severe than Other Crashes
Motorcyclists are far more likely to suffer severe injuries than others in motor vehicle accidents because they are not as protected from their surroundings as other people in cars or trucks.
While larger vehicles typically have a wide variety of safety equipment such as seat belts, airbags, and crumple zone technology in some modern vehicles, motorcyclists only have helmets and safety gear to protect them from harm, and, as a result, motorcyclists’ bodies are directly impacted by any collisions they may be involved in.
Some of the most common injuries your Arlington car accident lawyer has advocated for after a crash include:
- Broken bones
- Organ damage
- Burn injury
- Scarring and disfigurement
- Amputation
- Back injuries
- Spinal cord injury and paralysis injury
- Traumatic brain injury
- Wrongful death
If you have been hurt in a crash, you should contact a dedicated motorcycle accident attorney in Arlington to understand which injuries you can demand compensation for from the at-fault party.
There is no one specific type of injury that warrants legal action. If your injuries have had a significant impact on your life, your legal advocate with The Texas Law Dog may be able to help you demand justice.
Understanding the Grounds for a Motorcycle Accident Claim
Do not hesitate to get the legal help you need when you need it most just because you are worried your injuries may not be life-threatening or catastrophic. The impact your injuries have on your life will determine whether you can file a motorcycle accident lawsuit or insurance claim.
Any type of losses and non-financial losses could be taken into account. Your motorcycle accident claim is more likely to be successful if we can show that the elements of negligence have been met, which include:
- Duty of care – We must present evidence that the defendant had a responsibility to your safety.
- Breach of duty – The evidence must show that the defendant breached their duty of care.
- Causation – This evidence must clearly show how the breach in the duty of care caused your injuries or the damages you sustained.
- Damages – While your injuries do not need to be catastrophic, you must have suffered significant emotional damages, financial losses, or physical injury.
You may still be unsure whether you have grounds for legal action. To find out what your next steps should be or what your opportunities for financial recourse are, do not hesitate to contact an Arlington motorcycle accident attorney with The Texas Law Dog. We can get you the answers you need sooner.
For a free legal consultation, call (817) 775-5364
Compensatory Damages Following a Motorbike Collision in Arlington
Texas civil law aims to compensate injured individuals who have suffered damages due to the negligent actions of others. Under current state statutes, the damages that an individual could recover go beyond the financial implications that a motorcycle accident could cause. These damages could include, but are not necessarily limited to:
- Lost wages
- Current and future medical expenses related to the accident
- Lost earning capacity
- Loss of consortium
- Compensation for physical pain and mental suffering
- Loss of enjoyment of life
With the help of a knowledgeable motorcycle accident lawyer in Arlington, injured individuals can understand the damages that they may be eligible to recoup and develop a strategy to obtain them. It will be up to our team to carefully review all economic and non-economic damages to ensure we have accounted for every loss.
While no amount of money will make up for or change the devastation of your experience, financial support can make it easier for you to pick up the pieces of your life.
You Could Also Recover Punitive Damages
In addition to the compensatory damages you recover, your payout could dramatically increase if the court decides you are entitled to punitive damages. Also commonly known as exemplary damages under Tex. Civ. Prac. & Rem. Code §41.001, punitive damages are a rare occurrence in personal injury claims. This is because the standard for these damages is high.
It is not enough for the liable party to be at fault. They must have intended to cause your injuries, engaged in dangerous or reckless behavior willfully, or acted with gross negligence for punitive damages to apply. If you believe punitive damages may be appropriate in your case, do not hesitate to discuss your concerns with your legal advocate.
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Determining Liability in a Motorcycle Accident
Establishing blame for your motorcycle accident injuries will be one of our most important responsibilities. This is crucial if we hope to file a claim against the at-fault party and recover the compensation you deserve. Here are some of the most common parties named in motorcycle accident lawsuits and insurance claims across Arlington:
Texas’ Dram Shop Liability Laws
The state of Texas has comprehensive dram shop liability laws under Tex. Alc. Bev. Code §2.01. These laws prohibit dram shops, or any establishment that serves or sells alcohol, from providing alcohol to individuals who are visibly intoxicated. If the dram shops violate these laws, they can be found liable for any injuries or damages that victims sustain when the drunk patron goes on to cause a collision.
Reckless and Irresponsible Driving
Negligent and reckless driving is one of the top causes of motorcycle accidents. Irresponsible drivers may fail to check blind spots, drive under the influence of drugs or alcohol, drive aggressively or while distracted, or otherwise violate traffic rules and regulations under Texas driving safety laws.
If a negligent driver causes your accident, you may be able to recover compensation for your damages by filing a claim against their auto insurance policy or pursuing a personal injury lawsuit at trial.
A Note on Claims Against the Government
Government agencies, the city of Arlington, and other third parties could share responsibility for your damages if your collision was caused by dangerous road conditions. If you are filing a lawsuit against the Texas Department of Transportation or other relevant parties, it is important to be aware of the statute of limitations.
Under §101.101 of the Tort Claims Act, you may have as few as six months to file your lawsuit against the government, or even less, as local municipalities often have the authority to impose their own deadlines.
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You Could Be Partially at Fault for the Wreck
There are multiple common causes of Arlington motorcycle accidents, and likewise, there are different people who could be found responsible for the events that lead to a wreck. In some states, individuals who are partially at fault for a crash may not be able to recover compensation for damages.
The State of Texas follows the doctrine of comparative negligence, also commonly referred to as proportionate responsibility laws, when multiple parties share fault for an incident.
According to Tex. Civ. Pract. & Proc. Code §33.001, Arlington’s modified comparative negligence rules allow individuals who are partially to blame for a crash to recover a reduced share of their total damages. Whatever amount of compensation they ultimately recover would be reduced by their percentage of fault.
However, individuals who are more than 51% at fault for an accident may be ineligible to recover compensation. It is generally best to speak to a skilled Arlington catastrophic injury lawyer at our firm to determine how modified comparative negligence may affect an individual’s claim for compensation.
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Call an Arlington Motorcycle Accident Attorney Now
If you were seriously hurt in a motorcycle accident, you deserve justice for your injuries. An Arlington motorcycle accident lawyer with The Texas Law Dog could provide the support and guidance you need to recover the compensation that you deserve.
Speak to a skilled legal representative today during a free consultation to learn about your options.
Call (817) 775-5364 or complete a Free Case Evaluation form