If a motorcyclist or biker gets into a motorcycle accident, there is a high chance the injuries are going to be fatal and life-changing. If the accident is not your fault, you deserve compensation for the damages. Immediately after an accident, many motorcyclists wonder if they can receive compensation for their accident and if the accident is their fault. It is important to note that the other driver’s insurance company will try as much as possible to put some blame on you, with the aim of either denying you compensation or lowering the compensation amount.
It is always wise to let an experienced injury attorney in Houston go over your case so that you can get the compensation you rightly deserve. You should never walk away after an accident without being compensated for medical bills and other expenses you have incurred. This is why you need to book a consultation session with a Pasadena motorcycle accident attorney at Gomel & Associates. Do not waste time; do it immediately. Our team of highly skilled attorneys will go through your case and let you know your legal options. They are also in a position to give you an estimate of how much your case is worth. Furthermore, they are always ready to answer any questions you may have.
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Ways A Motorcycle Accident Attorney Can Help
It is wise to contact our offices immediately after an accident. Remember, you always need the services of not only an experienced but also a skilled motor accident lawyer that fully knows Texas motorcycle injury laws. When it comes to accident-related cases, a personal injury lawyer will not have the track record or experience needed to help you get the compensation you rightfully deserve. That is because motorcycle accident laws are complex, which is the reason to get the best legal team to represent you.
At Gomel & Associates, we will deal with all insurance issues on your behalf. Our legal team of highly skilled professionals will ensure your case goes as smoothly as possible. They will ensure you get compensation for property damage, medical bills, medical care, pain/suffering, lost wages, and more. You will not pay us anything from your pocket or not until we win the case.
It is wise to take photos of the accident, and if you are not in a position to do it, have a witness do it for you. Also, consider taking contact details of several witnesses, including their statements. Such documents are very important in building a strong case. Otherwise, without acting fast in preserving evidence, it is easy for witnesses to forget important details of the accident and the evidence lost.
Even with strong evidence, without the help of an experienced and professional attorney by your side, the chance is you will not receive the compensation you deserve; especially, if you choose to do it yourself. However, your chances of getting better compensation are higher with a lawyer by your side, even with minimum evidence. As such, it is important to work with the best law firm reputed with better results and winning history. Contact us today and book a free consultation session. By contacting us at Gomel & Associates, you will get to know the worth of your case.
Which Are The Common Motorcycle Accident Causes In Pasadena?
Motorcycles are dangerous simply because car drivers do not always respect bikers or motorcyclists; because they either do not see the motorcyclist or simply decide to be aggressive. The truth is that a biker faces a lot of challenges on the road. It does not matter how good a rider you are, you cannot predict what other drivers are going to do and this is how a motorcycle rider ends up in an accident that is not your fault. Car drivers often tend to ignore a motorcycle rider and hence do not yield to give a rider proper right of way.
As such, a car driver can suddenly pull out or turn in front of the biker, which is a leading form of accidents. Sudden lane change is another cause of a motorcycle accident that can be dangerous to a rider. The sad truth is that; motorbike accidents tend to be severe because motorcycles do not have the protection found in vehicles. It is a serious concern that whenever a motorcycle accident occurs, the third party’s insurance cover often is near to what is needed for medical injuries and other issues related to the accident. In the worst-case scenario, the third party may not have insurance.
There are some Motorcycle accidents in Pasadena that are simply due to bad luck. It does not matter how safe you are riding; there is no way you can control the actions of car drivers. However, prevention is better than curer. What does this mean? Well, it simply means that it is wise for a bike rider to practice defensive driving. Also, always be alert and be fully attentive all the time. In other words, always be prepared for anything while on the road.
The most common motorcycle injury causes:
- Drivers driving while under the influence of alcohol who suddenly change lanes or turn
- Vehicle blind spots – Cars have blind spots, and a driver may not have seen you
- Poor road conditions such as riding in the rain, snow, or debris on the road
- Braking too quickly – Sudden braking can make a biker to lose control or skid
- Car door accidents. These often occur in streets where vehicles are parked by the roadside, and a driver opens a door without looking
- Cutting or splitting lanes when passing a slow-moving vehicle
The leading cause of motorcycle accidents in America is drunk driving. This is according to a report by the NHTSA (The National Highway Traffic Safety Administration). In most cases, the motorcycle driver will either receive severe injuries or even end up being killed in the accident. Wrongful death is the appropriate route to follow whenever a rider is killed in an accident.
Which Are The Common Motorcycle Rider Accident Injuries?
TBI (Traumatic Brain Injury)
Brain injury is a serious and common injury that occurs when a rider is hit by a car. This injury occurs when the brain is violently shaken in the skull. The sand truth is that TBI occurs even when a rider is wearing protective headgear. Its symptoms tend to be serious, causing a rider to experience memory problems, erratic behavior, speech issues, and personality change. A person with traumatic brain injury will find it difficult to pay attention to even the simplest of things. If you or a family member is experiencing these symptoms, it is important to seek immediate medical attention. Never go riding without protective gear.
Leg injuries are common even to minor motorcycle accident like falling. In fact, it is one of the injuries expected in any accident involving a motorcycle. After an accident, a rider will experience injuries that include leg amputation, fractures, and muscle damage. A rider hit from the side will definitely end up with lower leg injuries, and broken bones. Long term, healed leg injuries may end up developing to arthritis as the cyclist get older.
Back And Neck Injuries
A motorcycle accident victim may end up with neck and back injuries. Herniated disks and ruptured disks are common as well. A neck injury symptom may include extreme pain and tingling hands and arms. However, when a victim experiences a sharp pain in the leg and feet, then chances are they have herniated disk. Treatment will include MRI, which is used to diagnose back injuries and ruptured disk.
Other common injuries related to a motorcycle accident include:
- Shoulder injuries
- Broken ribs
- Road rash
- Broken arms and wrists
Pasadena Motorcyclist’s Legal Alternatives
If you or someone close to you has been injured in a motorcycle accident, you have to take action immediately to seek for medical expenses, lost wages, and other damages compensation. A Texas driver is required by law to have liability insurance of at least 300,000 for anyone who has been injured. The law also requires a driver to have a cover of 60,000 for every accident. A driver must also carry a property damage liability coverage of at least 25,000 for every accident. The best thing is that Pasadena Texas drivers carry more insurance coverage than is legally needed. However, it is difficult to know the amount of coverage they have without filing a litigation case.
For a petitioner to be entitled to a legal damages compensation, they must prove:
- Duty of care between the parties (all road users have a duty of care intending to prevent harm)
- The respondent neglected the duty of care (they acted negligently)
- The biker sustained serious injuries and sustained damages
Motorcycle Wrecks Legal Damages
Damages are described as the harm that can be defined legally, and they are of many types. These damages may be intangible such as suffering and pain. It also includes physical and financial harm. As such, a rider can be eligible for many different kinds of compensation after an accident. However, if you have been injured in a motorcycle accident in Pasadena, then you will need the help of an experienced lawyer. Which are these motorcycle wreck legal damages? well, they include the following:
In case you are unable to ride your motorcycle again after an accident or unable to participate in other hobbies, then legally, you are entitled to file compensation for loss of enjoyment.
Past And Future Medical Expenses
Because motorcycle accidents come with serious injuries, treatment is compulsory. For this reason, you are entitled to compensation for medical expenses from the injuries. In fact, it is wise to seek compensation for all medical expenses.
The chances of a motorcycle to get damages in an accident are great. A good motorcycle accident lawyer will ensure to recover the damages sustained to the bike, protective equipment, and any other personal property you may have.
Recovering from a motorbike accident will take a few weeks depending on the severity of the injuries. In some cases, recovery time may take years. The time you spend recovering, you will probably miss work, which means a loss of wages. Legally, you are entitled to recover the lost income. This includes both past and future incomes.
Loss Of Consortium
If your injuries are serious to a point where you can longer be intimate, then you are legally entitled to receive compensation.
Pain And Suffering
There is no way to escape this fact. Where there are injuries, surely there is pain and suffering; and as such entitled to get compensation.
Punitive damages are designed to be as a punishment against the offender due to recklessness or negligence. As such, the judge may decide to award punitive damages.
Therefore, to get the compensation you deserve, you need to work closely with a motorcycle accident attorney. Furthermore, working closely with a lawyer gives you a chance of being awarded compensation due to better and relevant proof collection. Contact our highly skilled attorneys at Gomel & Associates to discuss the case and learn your legal options.
How In Texas Motorcycle Accident Cases Are Affected By The Comparative Negligence
In order to receive compensation, the lawyer must prove the victim was less than 50% at fault for the accident. This is because Texas is a modified comparative fault state. Damages will be reduced depending on the degree of responsibility of the victim, which will affect the compensation amount.
For example, let us assume the victim has been found to be 30% at fault for the accident, and total damages amount to 100,000 dollars, then the victim will be awarded 70,000. Comparative fault applies mainly when a motorbike rider is not wearing protective gear such as a helmet. It is important to note that a helmet will not be a factor if a rider experienced a broken leg, simply because a helmet does not have anything to do with the leg.
However, if the injuries are head and neck related, then the defendant will argue the victim was partially responsible for the injuries. A rider is not required to wear a helmet when they are 21 and above after completing a training course or have enough medical insurance. Not wearing a helmet is a factor in many accidents and, in fact, plays a role in a compensation case. In other words, although wearing a helmet is not compulsory in Texas, it does still plays a role in the overall case or affects the case.
What To Do After A Motorbike Accident
Seeking medical help should be the first thing to do after an accident. Law enforcement will get involved by investigating the accident and filing a report. The law enforcement will speak to the other driver and get their details, and they will even come to the hospital if there is a need. After seeking medical attention, the next step is contacting an experienced and highly skilled lawyer at Gomel & Associates.
The information you need to get at the scene of the accident:
- Insurance detail from the driver who is at fault
- Injury and accident scene photos
- Identity and contact details from witnesses
As mentioned above, it is wise to seek immediate medical attention after an accident. Remember that some injuries or injury symptoms are not realized until a few hours after the accident. Also, if you do not seek immediate medical attention, it may affect your case, aside from your health. Follow-up with the doctor as instructed. Even if you do not have medical insurance, you can still receive medical care in advance of paying.
Inform The Insurance Adjuster
The next thing is informing the insurance adjuster of what happened. In fact, when informing the insurance adjuster, do not give phone interviews with opposing insurance company after the accident. Our lawyers recommend speaking to a lawyer first before speaking with the insurance company. This is where you should take advantage of the free consultation from our motorcycle accident lawyers in Pasadena.
Pasadena Motorcycle Accident Statistics
There were 618 reported motorcycle accidents in Pasadena in 2018. Of all the reported motorbike accidents, 499 of them resulted in injuries and deaths. Speak to our lawyers if you have been involved in an accident. A proven motorcycle accident lawyer will protect your rights and work towards getting you the compensation you rightfully deserve. Because a motorbike does not have similar protections found in a car, when an accident occurs, most definitely, there are going to be injuries. As a matter of fact, it has been proven that 94% of motorcycle accidents result in serious injuries.
Contact A Motorcycle Accident Attorney In Pasadena At Gomel & Associates
For this reason and others, get in touch with our attorneys today if you have been involved in an accident. We will handle the legal aspect of your case, giving you time to recover from your injuries peacefully, knowing that there is someone competent handling your case for you. Also, it is important to note that we know how to deal with insurance companies. We will handle all the paperwork and take the pressure away from you, relieving stress. We offer a free consultation with no obligations.
Being involves in a motorcycle accident is not only damaging but offers both medical and financial disasters. Missing work and having to deal with long recovery periods can ruin anyone’s life. The moment medical expenses and other financial obligations begin to pile; you can quickly run into dept. To prevent this, contact a Pasadena motorbike lawyer and let them work on your case. Call Gomel & Associates today and get started.