Frisco Motorcycle Accident Lawyer
Motorcycles offer unparalleled freedom when on the road. Unfortunately, other drivers are not always keen to share the road. All too often, motorcyclists are pushed off the side of the road, squeezed in lanes, or are otherwise treated as second-class motorists. Importantly, this lower status is not present in the law.
Drivers of all vehicles have a duty to protect other people on the road, and this includes bikers. People who are injured in collisions due to other people’s negligence while riding motorcycles have every right to sue those drivers for damages.
What You Need to Know
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.
Frisco motorcycle accident attorneys work to pursue claims in a thorough but also timely manner to ensure that this is not an issue.
Next, injured parties should know that most motorcycle accident 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 the 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. Frisco motorcycle accident lawyers listen to our clients with compassion and patience to determine the full effect of the accident on their lives.
Consulting With a Frisco Motorcycle Accident Lawyer
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 simply end the process.
Frisco motorcycle accident lawyers aim 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 attorneys protect your right to be compensated for your injuries; contact our firm today.