Were you or someone you love injured in a recent motorcycle accident in Fort Worth, TX? At Domingo Garcia, we know how hard it can be to build a motorcycle accident case without legal help. It can be even more stressful if you are also attempting to recover from the devastation of physical, psychological, and emotional injuries. So that you can concentrate on getting better, our Fort Worth Motorcycle Accident lawyers will handle the entirety of your case.
Our Fort Worth motorcycle accident lawyer will investigate your accident and consult local experts. We will also collect evidence, assess your monetary expenses and losses, and ensure your case meets all legal requirements. We even interpret and comply with Texas’ statute of limitations. In other words, we do everything we can to build an effective case for you and fight to get you the compensation you and your family deserve.
Recoverable Motorcycle Accident Damages in Fort Worth
When we recover damages for you, we start by proving their monetary value. You could be entitled to economic and non-economic damages. To prove their value, we will:
- Collect bills, estimates, and receipts
- Review your prognosis for the future
- Consult medical and financial experts
At Domingo Garcia, our Fort Worth motorcycle accident attorney will not tax you with evidence collection. Neither will we ask you to assess the value of your injuries. We do this for you, even consulting experts as needed to ensure your case is not undervalued or underpaid.
Current and Future Medical Expenses
The medical care you require after a motorcycle accident can include long-term and rehabilitative care like bone setting, surgeries, and therapy. Many kinds of care are included in this category, such as:
- Over-the-counter medications
- Prescription medications
- Assistive medical devices like wheelchairs
- Prosthetic limbs
It is important that you do not accept any settlement offer until you have recovered or, at the very least, know your prognosis. Once you accept a settlement, your case is closed. If you accept a settlement offer before knowing your prognosis, you could end up paying thousands of dollars out of pocket for future medical care.
Current and Future Loss of Income
Motorcycle accident injuries can make it difficult or impossible for you to return to work. In today’s society, income loss can come in many forms. However the accident impacted your income, our case assessment team will ensure it is included as part of your case.
The sources of lost income we can recover include:
- Full and part-time wages
- Freelance or consulting income
- Gig-economy income
- Self-employment income
We will collect your paycheck stubs, direct deposit statements, client invoices, tax records, and other proof of income to document your losses.
Motorcycle Repairs or Replacement
The at-fault driver is responsible for the costs of repairing your vehicle. In some cases, the impact will damage your motorcycle beyond repair. In others, the cost of repairs will outweigh the motorcycle’s replacement cost. If that happens, the insurance company will declare it a total loss. Our team will fight for you to receive a fair and appropriate replacement value.
Diminished Quality of Life
Certain physical injuries and mental and emotional trauma will impact your quality of life. For example, paralysis, limb loss, or PTSD (post-traumatic stress disorder) will likely prevent you from engaging in activities you previously enjoyed. We will demand compensation for catastrophic injuries that lessen your physical and emotional abilities.
Physical and Emotional Pain and Suffering
You may have experienced considerable physical and emotional pain and suffering during the recovery process. We will document these factors and the costs of counseling, therapy, and other mental health care support. These costs are recoverable as part of your case.
Disabilities, Impairments, and Disfigurement
If you or someone you love suffered devastating injuries, you can recover damages for the changes they caused. These changes can include lasting or permanent disabilities or impairments such as amputations, spinal cord injuries, or traumatic brain injuries. They can also include disfiguring injuries such as road rash, facial fractures, and dental injuries.
Wrongful Death Damages
Losing a loved one in an accident is so hard. Our entire team wants to extend our condolences. We hope you will give us the opportunity to help you grieve. Financial insecurities make it difficult to mourn, and a wrongful death settlement or verdict could give you the relief to help your family move forward.
Only certain family members can file a wrongful death action.
According to Texas Civil Practice & Remedies Code § 71.004, this includes:
- The decedent’s parents
- The decedent’s spouse
- The decedent’s children
A personal representative can also file a claim if none of the above parties begin a claim within three months. We know nothing can atone for your loss, but your family is entitled to recover the loss of your loved one’s financial contributions. We also request compensation for the following:
- Funeral and burial costs
- Loss of their household contributions
- Loss of consortium and companionship
- Loss of parental guidance and support
You may also be entitled to recover the costs of grief counseling and other forms of mental and emotional support. We make sure your case is accurately valued and filed within the legal time frame.
Our Fort Worth Accident Attorney Will Establish Negligence in Your Case
Our familiarity with personal injury cases means we know what to expect from all types of accident cases, including motorcycle accidents. We know what you need to establish to prove the other party was negligent:
Duty of Care
The drivers of every vehicle on the road owe all other drivers a duty of care. Each driver must obey the rules of the road and protect the safety of every other vehicle. Following these rules is especially important when sharing the road with motorcycles as they are much smaller and more difficult to see than a standard vehicle. Drivers should:
- Check twice when turning left at an intersection
- Never drive while distracted, intoxicated, or fatigued
- Check blind spots when merging or changing lanes
- Give motorcycles plenty of passing room
- Do not speed or tailgate
Breach of Duty
When vehicle drivers overlook or ignore these responsibilities to safely share the road, life-changing accidents can occur. We ensure they are held accountable for their failure to keep those around them safe.
The at-fault driver breached his responsibility to you by behaving carelessly or recklessly. Examples of carelessness include:
- Driving while distracted
- Irresponsibly changing lanes (e.g., failing to check blind spots)
- Disregarding traffic signs and signals
- Driving while fatigued or intoxicated
Causation
The at-fault driver’s failure to drive safely caused the collision and your subsequent injuries. For example, a driver changed lanes without checking their blind spot and sideswiped you.
Damages
The accident caused your physical, financial, and emotional injuries. If, for example, you were paralyzed in a motorcycle accident, you might face lifelong medical costs. You could also suffer emotional anxiety while coping with these unwanted changes to your life.
We will ensure our demand includes all the damages to which you are entitled.
How Domingo Garcia Builds Your Personal Injury Case
When you trust our personal injury law firm with your motorcycle accident case, we go the extra mile for you. To ensure your case gets the scrutiny it deserves, we do all of the following on your behalf:
- Calculate the financial value of your case
- Demonstrate how the at-fault driver’s negligence caused your accident
- Compile the evidence that supports your case
- Conduct an independent case investigation
- Review the accident scene photos and videos
- Handle all case-related communication
- Obtain, complete, and submit insurance claim forms
- Clarify complex legal and insurance terminology
You do not have to build your case on your own. Our law firm will put our resources behind your fight for recoverable damages. We can also consult a motorcycle expert, accident scene reconstructionist, and others who support your case. We address all your questions and concerns and provide ongoing updates on the progress of your case.
See Our History of Motorcycle Accident and Personal Injury Settlements
Every client we represent is a priority for our entire team. Our Fort Worth motorcycle accident team provides individual attention to every client.
Recent settlement amounts include a $3,000,000 settlement for a collision between a commercial vehicle and a motorcycle. Additional injury case outcomes include several multi-million dollar settlements.
We fight to recover fair and appropriate compensation for our injured clients.
Motorcycle Accident Statistics in Fort Worth, Texas
According to statistics from the Texas Department of Transportation’s (TxDOT) 2021 “Share the Road: Look Twice for Motorcycles” Motorcycle Safety Campaign, 2,318 motorcycle occupants were seriously injured in collisions.
Over 500 Riders Suffered Fatal Injuries in Motorcycle Wrecks in 2021
According to TxDOT’s campaign, 519 riders passed away due to accidents in 2021— more than one each day. The majority of these fatalities were the result of collisions with passenger cars and other vehicles.
The loss of a family member in a motorcycle accident can leave you overwhelmed with emotion. You need time to cope with your changing family dynamic. While you do, we handle your wrongful death case. Our goal is to ensure your family can recover the compensation you need and deserve to enable a fresh start.
Frequently Reported Causes of Motorcycle Accidents
Motorcycle accidents always have a cause. The police report is one of the primary pieces of evidence in your case. We collect it for you rather than burdening you or your family with this responsibility. It will tell us the name and contact details of the at-fault driver and their insurance company. It may also indicate the causes and contributing factors that led to the accident and the names of eyewitnesses. Common contributing factors include:
Left-Hand Turns
A driver making a left-hand turn is the cause of many motorcycle accidents. It usually happens when the at-fault driver did not carefully survey the intersection before turning. They may have failed to see the motorcycle and collided in the course of their turn.
Improper Lane Changes
An accident can occur when a driver changes lanes and fails to check their blind spots for a motorcycle. Motorcycles are much smaller than a standard vehicle and can easily be missed if a driver only glances in their side mirrors.
Failure to Adjust to Hazardous Road Conditions
The condition of the driving surface can make a difference in the operation of your motorcycle and the other involved vehicle. A driver is at fault for an accident if they drove too fast for conditions. Examples include failing to slow down when roads may be slick or icy or when visibility is decreased.
Driver Distractions
Vehicle drivers can be distracted from the road for many reasons, such as eating, drinking, putting on makeup, changing radio stations, or talking to passengers. Smartphones are also a very common source of distractions. Smartphone-related distractions can include making or receiving calls or text messages, looking at social platforms, and looking at directions.
Drivers can also cause motorcycle accidents if they:
- Are intoxicated or fatigued
- Fail to yield the right-of-way
- Are speeding or otherwise driving recklessly
Commonly Reported Motorcycle Accident Injuries
Motorcycles are much smaller in size and lighter in weight than even the smallest passenger vehicle. In a collision, you could suffer serious injuries.
Two commonly reported motorcycle accident injuries include:
Contact Injuries
Vehicle occupants are protected by the vehicle itself as well as its airbags and other safety mechanisms. As a motorcycle occupant, a crash subjects your entire body to the impact of the collision. This impact can result in injuries like road rash, traumatic brain injuries, or spinal cord injuries.
These injuries can have complications. Road rash can lead to serious infection, while traumatic brain injury or spinal cord injuries can affect your ability to work or even care for yourself.
Limb Injuries
The limb injuries you could sustain in a motorcycle accident include sprains and fractures that take time to heal. It can also include more serious injuries that require setting or surgery. In some cases, it may even result in loss of limb or loss of feeling in your extremities.
Motorcycle Accident Head Injuries Can Be Life-Changing
A collision on your motorcycle can result in whiplash or more serious head trauma. Head injuries can be focal or diffuse and cause lifelong brain damage when severe enough.
A focal head injury affects one part of the brain, while a diffuse head injury can affect several parts.
Traumatic Brain Injuries (TBI)
A traumatic brain injury can range in severity from mild (a concussion, for example) to catastrophic. A TBI can leave you temporarily or permanently unable to meet your personal daily needs or otherwise unable to care for yourself. According to Johns Hopkins Medicine, there are two types of serious TBIs. They include:
- Closed brain injury: A TBI can result from an injury that does not penetrate or break your skull. A closed brain injury could occur if your head hit the pavement or another vehicle in the crash.
- Penetrating brain injury: A TBI can result from an object breaking through the skull and damaging brain tissue. A penetrating brain injury could occur if you were not wearing a helmet at the time of the crash.
Complications from a TBI can include cognitive deficits such as memory loss and coma. They can also include temporary loss of mobility, permanent paralysis, and loss of one or more of the five senses.
You could require daily care or supervision for the remainder of your life. You are entitled to compensation for this ongoing support if your injuries require it. We can hold the at-fault driver accountable for these expenses.
We collect your medical records and reports for you. This information will prove the seriousness of your injuries and how they occurred. It will also help us document your expenses and build your case file.
The Economic Impact of Motorcycle Accidents
According to National Highway Traffic Safety Administration (NHTSA) research, motorcyclists who wore helmets saved the US economy $21 billion in comprehensive costs in 2017. With motorcycle fatalities on the rise, this number can only increase as the staggering economic costs of these accidents increase.
Had more riders worn helmets, a projected $1.5 billion in economic costs would have been saved in 2017 alone. These costs include:
- Emergency medical care
- Ongoing treatment costs
- Loss of productivity
The economic impact of all motorcycle accidents can be enormous. Our Fort Worth motorcycle accident lawyer will help clarify the total cost of your personal losses.
The Economic Impact on Your Family
At Domingo Garcia, our team knows how financially catastrophic both short- and long-term injuries and disabilities can be. We also know how important it is to scrutinize the specific financial losses your family sustained. We treat you like an individual, not a case file, and carefully document your unique damages.
If you lost a loved one in a motorcycle accident, your family might have lost your primary breadwinner. If that happens, you are entitled to recover many forms of wrongful death damages, including the loss of your loved one’s income. If your loved one managed your family and home, we can help you fight to cover the unexpected costs of hiring childcare or a housekeeper.
You Have a Limited Time to Act After a Motorcycle Accident in Fort Worth
As the motorcycle driver or passenger, you are largely unprotected from the impact of a collision. Accordingly, you could face devastating or catastrophic injuries. You might have also lost a loved one after a serious crash.
It can be difficult to get your case started, especially when you are recovering from your injuries or mourning the loss of a loved one. However, it is important that you remain aware of the time limits on filing a lawsuit. If you do not file before the statute of limitations expires, you risk recovering nothing.
To ensure you do not overstep the statute of limitations, our law firm will track and file as early as we can. Texas Civil Practice & Remedies Code § 16.003 generally entitles you to:
- Up to two years from the date of the accident to file if you or someone you love was injured
- Up to two years from the date of a family member’s passing if they were fatally injured in the collision
In the case of a fatality, the applicable date starts on the date of your loss, even if it differs from the date of the accident. An expired statute of limitations could mean:
- You cannot file your lawsuit in the appropriate court at all
- Your lawsuit will be dismissed without its merits being heard
- You will have less leverage to compel the at-fault driver’s insurance to compensate you fairly
Other factors can also influence the statute of limitations and cause a change in the general timeline. The best way to ensure your lawsuit is filed on time is to leave it to us.
We Handle Cases With No Upfront Costs or Fees
You are likely facing hundreds or even thousands of dollars in unexpected expenses and may be wondering how to afford a lawyer on top of all that. We want you to focus on your recovery instead of worrying about legal expenses.
To ensure that you are able to focus entirely on your injuries or spending time with family, we handle cases on a contingency-fee basis. This means you pay us nothing up front and only pay us when you recover compensation. There is no financial risk when you work with our team.
We Will Review Your Motorcycle Accident Case at No Cost or Obligation
Were you or someone you love injured when a negligent driver struck your motorcycle in Fort Worth? Our motorcycle accident lawyer will help you navigate the personal injury insurance claim process from start to finish. If your case goes to court, we can also represent you there.
When you are ready to fight for compensation, we will support you from start to finish. Find out how hard we will fight for you by contacting our case review team at Domingo Garcia today.