What Should Motorcyclists Do After a Crash?

The first thing that all injured bikers should know is there is a strict time limit to file a claim after an accident. Under Texas Civ. Prac. And Remedies Code 16.003, any claim involving a personal injury must be started in court no more than two years from the date of the accident. Known as the statute of limitations, any violation of this law will be grounds for the case to be dismissed. In certain situations, the statute of limitations may be less than two years. Defendants’ insurance companies know this rule and will often utilize delay tactics to run out the clock on a claim. Proactive Frisco motorcycle wreck lawyers work to pursue claims in a thorough but also timely manner to ensure that this is not an issue.

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Legal Concept of Negligence

Next, injured parties should know that most motorcycle crash cases are pursued using the legal concept of negligence. This is a strictly defined concept that must be followed to the letter if a plaintiff is to win their case. Plaintiffs must prove that the defendant had a duty to protect them, that this duty was broken, and that this break of duty caused an injury. We know that all motorists have a duty to protect all others on the road, even motorcyclists. Therefore, this portion of negligence is always present. Where most cases are decided is in determining if the duty was broken. Here, a police report can play a large role. All police officers who respond to the scene of an accident are required to create a report. These reports will always list any citations issued to drivers and assign blame for the accident when applicable. If the defendant driver is given a ticket for ignoring a stop sign, for example, then they will almost always be considered at fault for the accident.

Forming a Motorcycle Wreck Claim

While the facts behind the claim are certainly an important part, just as critical is an accurate accounting of all damages suffered by the plaintiff. This accounting consists of not just medical bills but also doctors’ notes that attribute the injuries to the accident. It may seem like a given that all injuries can be traced to the accident, but in some instances, an insurance company may argue that the injuries were preexisting, not caused by the wreck, or even have been exaggerated. The damages portion is also comprised of non-medical damages. These can range from lost money from not being able to work for a time, to pain and mental anguish from the trauma of the accident, to loss of enjoyment of life. Our compassionate Frisco motorcycle accident attorneys listen to our clients with compassion and patience to determine the full effect of the accident on their lives.

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Consult With a Frisco Motorcycle Accident Attorney Today

Unrepresented plaintiffs face a difficult situation. They have just been involved in a serious motorcycle accident. They may be in serious pain, unable to work, and simply trying to put their lives back together. All the while, they are being contacted by insurance companies who pressure them to make statements and complete paperwork. It is understandable that people may take the first offer given in an attempt to end the process. A Frisco motorcycle accident lawyer at McCraw Law Group aims to protect clients by standing up to insurance companies and pursuing claims for their full value. In fact, by presenting evidence packages backed by the law, many claims are settled before they reach trial. Let our dedicated attorneys protect your right to be compensated for your injuries; contact our firm today.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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