Motorcycle Accident Attorney
Were you injured in a Houston motorcycle accident? If so, you probably have a pile of medical bills and other expenses you need the insurance company to pay. You may be out of work and recovering from injuries, putting you in a tough financial situation.
Dealing with insurance paperwork and negotiations isn’t something you should handle on your own. You need an experienced Houston motorcycle accident lawyer.
A knowledgeable accident attorney can negotiate with the insurance company for your maximum settlement. At the BFH Law Group, we passionately advocate for motorcycle accident victims to get them the money they deserve.
When considering a law firm for your motorcycle accident injury case, you have many choices. You’ll notice some differences between the BFH Law Group and other firms. We treat our clients with respect and offer personalized service instead of an assembly-line approach. Our accident attorneys listen to our clients, answer questions, and frequently communicate with case updates.
Several of our lawyers started our careers working for insurance companies, so we know insurance tactics and use this insight to your advantage.
One of our attorneys was a semi-professional motorcycle racer, so we know the dangers that bikers encounter on the road.
Collectively, our attorneys have six decades of experience working on accident and injury cases, among our practice area concentrations.
We have offices in Houston and New Orleans, and we also hold law licenses in Florida.
We represent motorcycle accident clients on a contingency fee basis, meaning that you don’t pay us anything unless we win your case.
We meet with you for a free consultation, available remote or in-person, and you can contact us for more information.
Here, we have compiled a guide to motorcycle accident injuries. We hope this information will help you understand your legal options. After you read through this information, please contact us with any questions.
Houston Motorcycle Accident Stats and Information
Houston’s coastal breezes and year-round warm weather make the city’s roadways a prime destination for bikers. Unfortunately, motor vehicle drivers don’t always pay attention to motorcyclists. Even a small error on the part of a car or truck driver can lead to a devastating accident that seriously harms a biker.
Motorcyclists don’t have the protection of a steel frame and airbags that auto drivers take for granted. For a motorcyclist, experiencing even a minor accident can be life-threatening.
Motorcycle accidents are more likely to cause serious injuries or death, compared to collisions between two vehicles.
Here are some other disturbing statistics provided by the National Highway Traffic Safety Administration (NHTSA):
The motorcycle fatality rate is six times that of motor vehicles;
Motorcycles account for three percent of registered vehicles but fourteen percent of traffic fatalities;
There were nearly 5,000 motorcyclists killed in crashes in 2018;
Three-quarters of motorcycle accidents involve a bike hit from the front;
Seven percent of motorcycle accidents involve a bike hit from behind; and
Helmets probably saved 1,872 motorcyclists’ lives in 2017.
Auto drivers should be held responsible for the harm they cause motorcyclists. If a negligent driver caused your motorcycle accident, you should take action to claim compensation for your injuries. Start your motorcycle accident injury claim by contacting an experienced accident attorney.
The Most Common Types of Motorcycle Accident Cases in Houston
Sadly, the same destructive circumstances surround many motorcycle accidents. Here are some of the common motorcycle accident causes we see on Houston roadways:
Distracted drivers,
Speeding drivers,
Reckless driving,
Heavy traffic,
Failure to use a signal,
Failure to yield,
Tailgating, and
Driving under the influence.
An experienced Houston motorcycle accident attorney will thoroughly investigate your crash to find out who caused it. In Texas, even if you were partially responsible for your motorcycle accident, you may still be able to recover money from the other driver. Contact the BFH Law Group to find out what damages you might have.
Choosing the Best Houston Motorcycle Accident Lawyer for You
After a motorcycle accident, you may be tempted to negotiate with the insurance company on your own. After all, keeping lawyers out of the situation seems simpler. However, you should know that the insurance company is not on your side. They may seem friendly, but an insurance company always has profits in mind. Unfortunately, insurance company profits may come at the expense of your well-being.
Without inside knowledge of how insurance companies work, it can be difficult for an accident victim to avoid an insurer’s potentially deceptive tactics. Effective negotiations also require specific legal knowledge, backed by assertive professionalism.
You want a Houston motorcycle accident attorney who advocates for your best interests. There are many accident lawyers in Houston, so how do you choose the best one for your case?
Four Steps to Finding a Great Accident Attorney
We recommend taking these four steps to find an experienced motorcycle accident lawyer:
Ask friends and family who have experienced motorcycle accidents for recommendations;
If you have an attorney who works in a different area of law—such as real estate or tax—ask them for an accident lawyer recommendation;
Look online for attorney reviews posted on sites like Google and Avvo; and
Look at the Texas State Bar Association directory, which offers extensive filters to narrow your attorney search by specific qualifications.
After gathering these attorney recommendations, whittle your list to a few attorneys you would like to meet. Then schedule a remote or in-person consultation with each attorney. At the meeting, you can ask the attorney questions and get an idea of their approach to your case. You should also clarify the attorney’s fee structure.
Whether you meet your ideal attorney at your first consultation or interview several attorneys to find a good match, don’t settle for less than you deserve. You want an attorney with passion, diligence, and knowledge who will work hard on your behalf.
Why Choose a Houston Motorcycle Accident Attorney from the BFH Law Group?
If you include the BFH Law Group on your list of potential Houston motorcycle accident lawyers, we look forward to meeting you for a free consultation. Once you meet us, we think you’ll see that our law firm stands out. We combine years of legal experience into a small law firm, so we offer both professionalism and personalized service. We enjoy getting to know you so that we can advocate for your needs. Once we understand where you’re coming from and where you want us to go with your case, we get to work.
We gather evidence to prove your claim and pressure the insurance company for top dollar, trying to win the compensation you need. Big insurance companies don’t intimidate us, and we won’t back down from a fight. While we aggressively advocate for your interests, you have the final say on whether to accept or reject any settlement.
We’ve represented hundreds of Louisiana and Texas clients in personal injury cases, and we want to help you get fair accident compensation. We enjoy serving others and helping victims in their time of need. Through our work, we hope that we are helping to make Texas roadways safer by showing negligent drivers that we will hold them responsible for injuries.
If you want to learn more about our lawyers or get a free evaluation of your case, contact our Houston law office today.
What Is My Motorcycle Injury Claim Value?
Your Houston motorcycle accident lawyer will help you calculate damages, which are accident injuries that can be compensated. These damages might include:
Medical expenses,
Rehabilitation expenses,
Motorcycle repair costs,
Lost wages, and
Pain and suffering.
Your claim value will depend on the extent of your injuries as well as the details of the accident.
Determining Who Is at Fault for an Accident
An insurer looks to determine the fault of each party in the accident. Determining fault establishes each party’s responsibility to pay for accident expenses.
Perhaps you were following every traffic law when a car swerved into you. In that case, the other driver was 100% at fault for the accident. You can potentially recover full injury compensation from their insurance.
However, if you did something wrong that may have contributed to the accident, you may be partially at fault. If the other driver was mostly responsible, you can still recover damages that correspond to the other driver’s portion of fault. For instance, imagine that you were 20% at fault for an accident. The other driver was 80% at fault, and you had $100,000 in damages. In that instance, you could potentially recover $80,000 from the other driver. However, you cannot recover damages if you are 51% or more at fault for your bike accident.
Wearing a motorcycle helmet can protect you from physical harm and also can improve your chances of recovering more money after an accident. However, if you did not wear a helmet, you may still be able to recover damages. Insurers or courts look at the accident’s total picture, assessing how much a helmet could have prevented your injuries. If you broke your arm in the accident, a helmet would not have prevented that injury. Therefore, the lack of a helmet will not factor into a determination of fault. However, if you sustained head injuries, insurers will carefully evaluate any damage that could have been prevented with a helmet.
When you meet with our attorneys for a free consultation, we will help you determine a reasonable damages request for your bike accident injuries.
How Long Do I Have to File a Motorcycle Injury Claim in Houston?
You have only a limited time to file an accident claim. In Texas, the statute of limitations for accident claims is two years from the date of the accident. In some situations, that time frame varies. If a government vehicle hit you, you have only six months to file your claim.
The statute of limitations for a wrongful death claim runs for two years from the date of the person’s death, so keep this in mind if you are suing on behalf of a loved one killed in a motorcycle accident. If you file a lawsuit after the statute of limitations runs, the court will probably throw out your case.
Even if you anticipate resolving your claim through negotiations with the insurance company, act quickly so that the statute of limitations doesn’t lapse. Insurance company negotiations can take some time, and if you don’t reach a successful settlement, you want to have the ability to file a lawsuit.
How Much Do Houston Motorcycle Accident Lawyers Cost?
When you interview potential accident attorneys, you should ask about their rate. Lawyers’ rates vary depending on their experience and area of practice. Most personal injury lawyers in the Houston area work on contingency, meaning they take a portion of case winnings instead of billing by the hour.
At the BFH Law Group, we work on contingency because we want all accident victims to have access to legal representation. Our payment structure works like this:
We offer a free consultation;
We provide free information and resources for you to learn more about Texas accident law;
If you decide to hire us, we don’t charge a retainer or any other upfront fees;
We finance the entire cost of your lawsuit, paying investigators and expert witnesses; and
You owe us nothing until we win your case.
Hiring an accident attorney who works on contingency benefits you in several ways. First, it relieves you of the financial burden of litigation while you’re still paying medical bills and waiting on a settlement. Second, it assures you that your attorney will work for the highest settlement possible. Your attorney won’t get paid unless you get paid, which provides the motivation to work efficiently and skillfully.
Will My Case Have to Go to Court?
Our goal is to get you money as quickly as possible. This means that we pressure insurance companies for a maximum settlement. Usually, an insurance company is cooperative because taking a case to court can be expensive. Remember, the insurance company keeps their profits in mind at all times. Also, a lawsuit isn’t good for a company’s image, so the insurance company usually wants to settle quietly.
All these factors add up to us obtaining a high percentage of accident settlements out of court. A nationwide survey of personal injury victims found that only about 4% of personal injury cases go to trial. Likewise, in our practice, we are more likely to settle your case out of court than take it to trial.
However, you need to hire an accident lawyer who is willing to take your case to trial. This gives you an advantage in negotiations, as the insurance company knows your attorney won’t settle for less than you deserve. At the BFH Law Group, we have extensive trial experience, and we don’t back down from a fight. We will let you know if we think your case would benefit from going to trial, and you can choose whether to pursue that option.
Consult a Motorcycle Accident Lawyer in Houston, TX, Today
If you have been injured in a Houston motorcycle accident, you should speak with an attorney. A Houston motorcycle accident lawyer can help you negotiate with the insurance company to get the accident compensation you deserve.
You need to reach out to an accident lawyer right away because Texas limits the amount of time you have to file an accident lawsuit.
We are available to take your call or respond to online messages 24/7.
Our legal team will review your medical records, investigate the accident, and gather persuasive evidence for your claim. We handle all the details of your accident litigation so that you can focus on recovering from your injuries.
Call or contact us online to schedule a free case review with one of our knowledgeable Houston motorcycle accident attorneys.
New Orleans Motorcycle Accident Lawyers
Louisiana is a wonderful place to own and ride motorcycles.
We understand those motorcycle accidents can be particularly devastating. Riders have numerous vulnerabilities and risks that motorists simply do not face.
Were you or someone you know injured as a result of a motorcycle accident? If so, our team of injury attorneys may recover compensation for your damages.
We are available 24/7 to help.
Below is free information that we hope helps you decide if you need to hire a personal injury lawyer. If you believe you may have a case, call us to speak with an attorney for free.
Why Do You Need a Personal Injury Law Firm
Personal injury attorneys can help you get the justice you deserve and the compensation you are entitled to after a motorcycle accident.
Motorcyclists are often the victims of crashes due to the negligence of another driver in a larger vehicle.
These accidents can cause property damage along with internal and external injuries to the motorcyclist that result in pain, suffering, and high medical costs.
A personal injury attorney can help you determine how the negligent driver was at fault, and if there are any other parties that may potentially be at fault and get you the money you deserve for your damaged property and physical injuries.
A personal injury attorney may also help you build your case by collecting police reports, gathering witness statements, investigating the scene of the accident, negotiating with insurance companies, and consulting experts, among other things.
Motorcycle Accident Statistics
As we all know, not all drivers on the road are experienced, and those that are can get distracted.
For a motorcyclist, the threat of a life-altering accident is significant.
The fact is drivers do not take appropriate precautions to look out for motorcycles on the road.
If the accident involves a motorcycle, it is more likely to result in serious injury or death. Here are some startling facts from the National Highway Traffic Safety Administration (NHTSA):
2017 motorcycles only made up 3 percent of registered vehicles but accounted for 14 percent of all traffic fatalities.
Additionally, the fatality rate for motorcyclists was 6 times the fatality rate for passenger car occupants.
Most motorcycle accidents occur because they are involved in a crash with another vehicle.
In accidents that involved a motorcycle and another vehicle, 76 percent of the motorcycles were hit in the front. Only 7 percent were impacted from the rear. This is typical because the other vehicle is turning left and does not see a motorcyclist going straight, or because the other driver failed to use their turn signal.
Accidents in which an inattentive drive hits a motorcyclist in their “blind spot” are particularly deadly, especially at high speeds.
If you believe you were involved in a motorcycle accident due to another negligent driver, it is imperative that you act quickly and get the appropriate medical treatment that you need.
After being treated for your injuries, contact a personal injury law firm to see how they can best help you based on the circumstances surrounding your accident.
Common Causes of Motorcycle Accidents
Drivers in other vehicles are the main reason for motorcycle accidents, but not the only reason. Pedestrians and bicyclists also get distracted or do not notice a motorcycle on the road, which can result in a crash.
These circumstances and numerous others can contribute to a motorcycle accident that can cause serious and potentially fatal injuries.
Typical negligent acts that cause motorcycle accidents include, but are not limited to:
Speeding drivers
Heavy traffic
Swerving in front of or cutting off a motorcyclist
Distracted drivers/pedestrians
Improper use or lack of signaling
Failing to leave enough room between vehicles/tailgating
Driving under the influence
Failure to yield
Frequent Injuries Resulting from a Motorcycle Accident
Motorcycle accidents can result in a variety of injuries, some that are potentially life-threatening.
Common serious injuries resulting from motorcycle accidents include, but are not limited to:
Broken/fractured bones
Burns
Traumatic brain injury
Neck and/or back trauma
Disfigurement
Road rash
Loss of limbs
Internal injuries
Death
Treatment from proper medical professionals is essential in helping you recover from your accident and in documenting the events of the accident, and any injuries that may have resulted from the accident.
What to do After a Motorcycle Accident in New Orleans
After being involved in a motorcycle accident, it is important that you take prompt action to both get the medical treatment that you need and report the accident.
Get Immediate Medical Treatment: In many motorcycle accidents, the injured rider needs emergency medical treatment. If you are able, call 911 to report the accident and be sure to tell other motorists or witnesses if you need immediate medical treatment.
File a Police Report: In many cases, the police are summoned along with an ambulance to the accident scene. If the police are not informed of the accident, you should report it even if you have to do so days after it occurred. At a minimum, you need to get the name of the other driver involved in the accident.
Gather Information: If possible, gather the names and contact information of any witnesses to the accident. Sometimes there may be a nearby business that has video footage that may be helpful to your case.
Never Guess What Happened: Whenever you discuss the accident never make assumptions or guess how the accident took place. This is especially the case if your statements may be written down or recorded. The best practice is to say “I don’t know” if you can’t answer a question with certainty.
Go Back to Your Doctor When Necessary: As you adjust in the days following the accident you may begin to notice new health problems. A new body part may start to hurt. You may begin to notice headaches or experience dizziness and feel sick. Many injuries, especially brain and neck injuries, take time to show symptoms. It is important that you get checked out as new medical issues arise.
Returning to Work: Depending on your job, you may not be able to work. If you need to temporarily resign your position be sure to take understand your options before taking definitive action.
Hire a Qualified Attorney: A qualified personal injury attorney can investigate the circumstances of your accident to identify the responsible parties, build a claim for negligence, and work with experts to properly evaluate and prove your damages at trial. A creative attorney will find additional parties to increase your potential recovery. For example, some accidents are caused in part by a product defect. A good attorney will look for additional defendants to increase your recovery.
Damages That May Be Recovered After a Motorcycle Accident
Damages that you can recover from a motorcycle accident include:
Property damage
Medical expenses
Future medical expenses
Lost wages
Loss of earning capacity
Long-term care
Consortium
Mental anguish
Disfigurement
Pain and suffering
Damages for property damage typically includes money to repair or place your motorcycle and other property that was lost or damaged in the accident.
If your motorcycle was totaled in the accident, you should receive the cost to purchase a new bike of like kind and quality.
In addition, motorcyclists involved in an accident are often seriously injured and incur significant medical expenses, lost wages, loss of earning capacity, and other compensatory damages.
A qualified personal injury attorney can help you fully evaluate your damage claim and will retain the experts necessary to maximize the value of your claim.
Another big component of most personal injury cases is general damages.
These types of damages are left to the discretion of the jury and include items such as pain and suffering, mental anguish, and disfigurement.
Depending on the severity of your injuries, these damages can be significant.
In certain situations, the court may also award punitive damages that serve as punishment to the opposing party if they acted recklessly or intentionally disregarded the safety of others while on the road.
An example of when the court might award punitive damages is in a DWI situation where the driver that crashed into the motorcycle was driving while intoxicated.
It is important to talk to a personal injury attorney after being involved in a motorcycle accident to discuss all potential options you may have so that you may be fully compensated for your injuries.
Important Louisiana Motorcycle Laws
What is the time limit to file a motorcycle claim in Louisiana?
The time limit to file a lawsuit for a motorcycle accident in Louisiana is one year from the date of the accident. Missing the one-year deadline means that you cannot bring your case in court.
Louisiana Helmet Laws
Louisiana Revised Statute 32:190 requires operators and passengers on motorcycles to wear a helmet. The helmet is required to contain a lining, padding, visor and chin strap.
What is considered negligence in a motorcycle accident?
Louisiana Civil Code Article 2315 provides that a person is responsible for damages caused to another through his or her fault.
The general concept of negligence in a motorcycle accident case is often fact-intensive and based on a reasonable standard of care.
In some instances, a motorist may cause an accident by breaking a law or traffic ordinance.
For example, a car that runs a stop sign causing an accident with a motorcyclist who had the right of way will be presumed responsible for causing the accident.
What is Comparative Fault and How Does It Impact Your Recovery?
In Louisiana, your damages are reduced by the percentage that you are found to be at fault for causing your own injuries. This is called comparative fault.
For example, after trial, a jury awards $500,000.00 in damages and finds that the defendant was 75% at fault and you were 25% at fault.
In this case, you will only recover $375,000.00 due to your own fault.
Call Us to Speak With an Attorney for Free
Contact us today to speak with an attorney for free about your recent motorcycle accident.
It is important to reach out to an attorney soon after your accident because the state of Louisiana requires that a claim for damages be filed within one year of the date of the accident.
We are available to take your call 24/7.
Our team of attorneys will work with you to investigate the accident and gather the details of your case.
We are also more than happy to review your medical records and to help you get the treatment you need to fully recover.