For many people, riding a motorcycle is a fun alternative to driving a car, but it is not without risk. When the worst happens, and you end up suffering catastrophic accident injuries, you could benefit from having a legal representative on hand to protect your interests.
A Texas motorcycle accident lawyer from Domingo Garcia can assist you with your Houston personal injury or wrongful death case. We even help cover our clients’ medical bills while their case goes through the legal system.
Why Pursue Damages After a Motorcycle Accident in Texas?
It is reasonable to wonder if taking legal action after an accident is really the best use of your time. You have plenty on your mind already, particularly if you suffered a catastrophic injury like a:
- Bone fracture or multiple bone fractures: Falling off a motorcycle and hitting the roadway at high speeds could easily break a bone, especially the smaller, more delicate ones in your hands and feet.
- Concussion: Wearing a helmet can reduce but not eliminate your risk of head trauma.
- Traumatic brain injury (TBI): Similarly, hitting your head hard enough in a motorcycle accident could result in temporary or permanent brain damage.
- Spinal cord injury (SCI): A Houston spinal cord injury could permanently affect your ability to walk, work, and live your life. Paraplegia and quadriplegia are the most severe injuries resulting from an SCI.
- Deep lacerations: Flying objects or even the rough roadway surface could create deep, dangerous cuts. Lacerations can bleed heavily or even become infected if dirt or gravel gets into the wound.
- Amputation or organ removal: When motorcycle accident injuries are bad enough, doctors may have to remove the injured body part to save your life.
By letting a lawyer from Domingo Garcia manage your Texas motorcycle accident case, you would not have to choose between focusing on your recovery and filing a case.
The Texas motorcycle accident lawyers from Domingo Garcia have a long history of successful recoveries for motorcycle riders. When our motorcycle client suffered a traumatic brain injury when a commercial vehicle pulled out in front of him, the attorneys at Domingo Garcia won him a $3,000,000 settlement just prior to trial after a hotly contested legal battle.
Pursuing Damages to Ensure Financial Stability
Motorcycle accidents can be costly. This is especially true if you have permanent injuries that are expensive to treat and prevent you from maintaining gainful employment.
We could fight for economic (financial) damages that would compensate you for:
- Medical bills incurred when you went to the hospital, endured surgeries, were prescribed pain medication, hired a home nurse, or required any form of treatment
- Property damage, particularly the cost of repairing or replacing your motorcycle
- The income you lost or will lose in the future because your motorcycle accident injuries prevent you from working as much as you did before
- The effect of the motorcycle accident on your job, including jobs you lost or a loss of the ability to earn as much as before, promotions you can no longer apply for, or the cost of training for a new career
- The expense of hiring people to take care of your house, yard, pets, or children, if you did not have to bring in outside help for such tasks before the accident
Pursuing Damages for Personal Injury
While high medical bills and reduced income are hard to deal with, the physical and emotional scars a motorcycle accident causes are often the toughest things to deal with. We can “convert” this pain into a dollar amount that we present to the liable party’s insurer, along with evidence proving that you are suffering.
Non-economic (physical and mental) damages include:
- Pain and suffering associated with the injuries and the memory of the motorcycle accident itself
- Quality of life lost due to the physical and psychological damage you suffered in the accident
- Permanent or temporary disabilities your motorcycle accident injuries caused
- Loss of consortium, meaning your relationship with family members and loved ones will never be the same
- Scar tissue left behind from road rash, lacerations, surgery, and disfigurement due to amputations
Together, your economic and non-economic damages could enable you to pay your bills, support your family, and pick up the pieces of your life after a devastating motorcycle accident injury in Texas.
Pursuing Damages for Justice
If someone else is responsible for your catastrophic injuries, you should not have to bear the burden of paying for those injuries alone. Nor should the party who injured you so grievously be allowed to get away with their reckless, dangerous behavior.
To see that justice is done and to discourage others from treating motorcyclists so carelessly in the future, you can:
- Let an attorney from our firm identify the party or parties that caused your motorcycle accident
- Send demand letters to each liable party, explaining their role in the crash and how much money you want from each of them
- Take the liable parties to court if they will not accept responsibility for the motorcycle accident
According to Texas Civil Practice and Remedies Code § 16.003, you have just two years from the date of a motorcycle accident to file a personal injury case or a wrongful death case. We encourage you to speak with us as soon as possible so that you do not miss this deadline and lose your right to damages.
How Much Are Motorcycle Accident Injuries Worth?
The question of how much you can receive for motorcycle accident injuries does not have an easy answer. In one case, we secured a $3 million settlement for our client, but no case is typical.
We work hard to provide each client with accurate calculations representing their present and future needs. With our help, you can be certain you are asking for the right monetary damages and that the liable party’s insurance company could not get away with offering less than you deserve.
What Our Texas Motorcycle Accident Lawyers Can Do
Domingo Garcia is committed to helping motorcycle accident victims in Texas in any way we can. This includes offering personalized services like:
- A free case assessment during which you tell us about your motorcycle accident, and we review your legal options
- Working with doctors, therapists, and even surgical hospitals to make sure your medical expenses are covered until the completion of your case
- Answering your questions so that you understand your rights after a motorcycle accident
- Updating you whenever there is a change in your case, such as if we find another liable party or when the insurance company offers compensation
We also help clients by addressing the liable party and the liable party’s insurance company for them. You would not have to have direct contact with anyone from the other side. Instead, we would handle it all for you by:
- Drafting a demand letter and sending it to the party that caused your motorcycle accident
- Collecting evidence to strengthen your case and to prove to the other side that you deserve damages
- Meeting with the liable party, their insurance company, and their respective lawyers to negotiate a fair settlement
- Preparing to take your motorcycle accident case to trial if the other side does not offer what you need—but we can still consider settlement offers up to the last minute and potentially avoid a trial
- Representing you in the courtroom, including questioning motorcycle accident witnesses, raising objections if necessary, and delivering oral arguments
- Filling out all case paperwork and managing communications necessary to complete your case
How Much Do Motorcycle Accident Attorneys in Texas Cost?
In addition to offering a free case evaluation and covering your medical bills, Domingo Garcia works on a contingency basis. This means:
- You pay no attorney’s fees upfront—we get right to work on your motorcycle accident case without requiring those fees.
- We accept a percentage of your settlement or jury award as payment, so you do not have to pay attorney’s fees out of pocket.
- We do not charge ANY attorney’s fees if we cannot obtain you a money settlement
Your case’s cost depends on how complicated it is, how much investigating we must do, whether we take your case to court, how many experts are required to prove your case and damages, and other factors. We might be able to estimate total costs after we assess your situation, but circumstances could change at any time, affecting the final number.
Again, you do not have to pay us any attorney’s fees upfront to retain a lawyer from our firm. We do not want motorcycle accident survivors to feel like they have to go it alone because they cannot afford a lawyer, so we make our services as affordable as possible.
Suing After a Fatal Motorcycle Accident in Texas
A report by the Texas Department of Transportation (TxDOT) states that 521 motorcyclists sustained fatal injuries in 2021. If your loved one did not survive their catastrophic motorcycle accident injuries, please accept our condolences for your loss and know that Domingo Garcia can help.
After a fatal accident, you may have the right to seek compensation on your loved one’s behalf for any injuries they suffered before their death. . Texas law governs wrongful death actions and designates which family members can recover losses in this case type. Most of the time the family members that can bring a wrongful death lawsuit are the spouse, the biological or legally adopted children, and the parents of the victim If you qualify, you could seek compensation for your losses regardless of whether your loved one ever filed suit. Those losses could include:
- Funeral and burial expenses you paid to ensure your loved one was buried or cremated according to their wishes; you could also recover expenses associated with estate settlement
- Loss of the financial support your loved one provided by using their income to pay household bills, support their spouse or child, and so on
- Bereavement or grief you experienced due to losing your loved one in such a sudden and violent manner
- Loss of the companionship your loved one provided, including affection, comfort, and guidance, to all members of the family
- Mental Anguish for the loss of your loved one
Texas Motorcycle Accident Insurance and Your Case
The Texas Department of Insurance (TDI) states that all motor vehicles permitted on public roads must be properly insured by their owners. This includes motorcycles. As a motorcyclist, you must have 30/60/25 coverage, which includes:
- $30,000 per injured person
- $60,000 per accident
- $25,000 for property damage per accident
This coverage will pay for the other party’s damages if you were responsible for the accident. If you were the one injured by another party’s negligence, you would have to file a claim with their insurance company, not your own.
While 30/60/25 is the minimum amount of insurance you must purchase under the law, you are free to purchase more than that if you wish. You can also buy different kinds of insurance that will cover additional expenses, such as:
- The cost of towing your motorcycle if it is undrivable after a crash
- Damage done to your motorcycle in a non-accident scenario, such as a natural disaster
- Damage done to your motorcycle by an uninsured or underinsured driver who does not have the 30/60/25 coverage you otherwise would have relied on to cover your losses
If you have purchased underinsured motorist coverage (UIM), you can recover from this policy as well if the at-fault party does not have adequate insurance to cover all of your damages.
Dealing With Texas Insurance Adjusters After a Motorcycle Crash
After your motorcycle accident, you may receive a visit from an insurance adjuster. An adjuster is someone assigned to investigate accidents and represent the insurance to and calculate how much the insurance company will have to pay in damages. This adjuster does NOT represent you and many times does not have your best interest in mind. Their job is to keep the amount to be paid to you by the insurance company as small as possible.
The insurance adjuster may ask a variety of questions, such as:
- Can I record your statement regarding the motorcycle crash?
- What were you doing immediately before the accident?
- What did you do after the accident?
- We are prepared to offer you [dollar amount]. Would you sign this to accept?
These questions can put you at a grave disadvantage. The adjuster may pick apart any statement you give and use it to deny you compensation. Also, the settlement they offer may not reflect the true value of your injuries, and accepting a lowball settlement now would bar you from recovering more money in the future.
It is safer for you to respond to all the adjuster’s overtures by:
- Stating simply and clearly that you would prefer all communications go through your attorney from now on
- Not communicating with the insurer after making this statement
- Telling your lawyer that the insurer has contacted you and what they said
Domingo Garcia knows how to speak to insurance companies without jeopardizing our clients’ cases. We can talk to them on your behalf, let you know what they have to say about your case, and help you evaluate any settlements they offer.
What happens if the person who hit your motorcycle does not carry the legally required amount of insurance? You can still sue that person, but you may not be able to get as much in compensation as you would have otherwise.
Fortunately, uninsured motorist insurance is available for purchase, though it is not legally mandated. This is the one case where you could receive compensation from your own insurance policy rather than the other party’s.
Uninsured motorist insurance is also useful if you are involved in a hit and run and cannot find the other driver.
Avoiding Motorcycle Accidents and Injuries
To learn how to avoid motorcycle accidents, it is important to understand how and why such accidents happen. Often, another driver is to blame. They may be careless or negligent in ways that prove especially dangerous to motorcyclists. For example:
- The driver might keep an eye out for other cars but forget that smaller vehicles, including motorcyclists, also share the roadway with them.
- Any accident is more likely to hurt the motorcyclist than the driver. The driver has a big, heavy car to protect them, while the motorcyclist has almost nothing.
- By the same token, a car hitting a motorcycle is more likely to do catastrophic damage than if a motorcycle hits a car.
A good way for you to avoid motorcycle accidents, therefore, is to keep an eye on the drivers around you and be prepared to act quickly if they take a risky action.
Other Causes of Motorcycle Accidents
In addition to guarding yourself against reckless drivers, you must also be aware of the dangers of:
- Faulty motorcycle parts: You may think your motorcycle is working fine, but a faulty part could make you lose control at the worst possible moment.
- Negligent mechanics: If the company you hired to maintain your bike does not do their job properly, the bike could malfunction at a critical moment, leaving you unable to get away from an oncoming vehicle in time.
- Poor road conditions: If you get caught in bad weather, drive more slowly than normal or pull over until it lets up. If the roadway itself is in bad shape, be extra careful as you navigate it and try to avoid that stretch of road in the future.
While it is very common for motorcycle accident lawsuits to target a driver, it is not unheard of for another liable party—a manufacturer, a mechanic, or a local government agency—to share at least a portion of the responsibility for the accident.
This is just one reason why it is a good idea to allow a Texas motorcycle accident lawyer from Domingo Garcia to evaluate your case before you move ahead with legal action. We can ensure you are suing everyone responsible and seeking the right amount of compensation.
Taking Precautions While Riding a Motorcycle
Another report released by TxDOT found that Texas motorcyclists are more likely to sustain serious injuries if they are in their 20s or 30s. Many of the injured riders were wearing their helmets. This proves head injuries are not the only kind of severe injury a motorcyclist can sustain and that you should take other precautions as well, such as:
- Wearing protective clothing all over your body, including padded jackets that cover your arms
- Wearing reflective clothing so that others can see you at night or in poorly lit areas
- Never riding your motorcycle after drinking alcohol or taking any drug that could impact your judgment or after failing to get a good night’s sleep
- Always checking your motorcycle before you go riding to make sure it is in good working order
- Remaining alert and aware of the other vehicles on the road and the environment itself—never allow yourself to be distracted by a passenger, an electronic device, or anything else
- Thinking carefully about whether to ride in poor weather conditions—if you are a novice rider, it would be safer to ride only on clear days until you gain experience
At Domingo Garcia, we know there are plenty of responsible motorcyclists in Texas. There are also plenty of cautious and courteous drivers. However, it only takes one negligent individual to change your life.
Evidence in Texas Motorcycle Accident Cases
To have a chance of receiving compensation after a motorcycle collision in Texas, you would need to find adequate evidence proving your side of the story. If you hire Domingo Garcia, we will seek this evidence on your behalf. The evidence available after a motorcycle accident depends on where it happened, how many people were involved, what actions you took in the aftermath, and more.
We often look for evidence from:
- Medical records prove you sought treatment after the accident. We can even ask for a statement from your doctor.
- The official police record. The officer who responded to the motorcycle accident should have filed a report that includes critical information about the who, what, when, where, and how of the motorcycle accident.
- Traffic cams, surveillance cams, cell phone footage, or other video sources. Being able to see what happened before, during, or after the accident can be very helpful.
- Your records. If you took photos of the scene, spoke to crash witnesses, saved motorcycle repair bills, or retained any other information about the accident, we could use it.
- Witnesses. We can contact anyone who saw the accident or who tried to help you afterward. Their testimony could be invaluable when it comes to corroborating your statements.
- Experts. For example, an accident reconstructionist can determine how your motorcycle accident in Texas most likely happened, while a vocational rehabilitator can confirm if you cannot return to your old job.
If we have reason to believe a company or government agency acted negligently, we can request their records to see if they have done their jobs properly if others have filed complaints against them for similar actions, and so on.
Let Our Texas Law Firm Help You with a Motorcycle Case
Domingo Garcia’s Houston personal injury lawyers represent personal injury and wrongful death victims in the Dallas/Fort Worth area and throughout Texas. Call us after your motorcycle accident to find out what our lawyers can do for you during a free consultation.
We do not want you to feel burdened by cumbersome legal tasks and would be happy to handle everything on your behalf.