Plano Motorcycle Accident Lawyer
Even with helmets and advanced protective gear, accidents between motorcycles and other vehicles rarely end well for the motorcyclists. Broken bones, severe cuts, concussions, and joint separations are all common injuries that result from motorcycle accidents.
Although bikers naturally assume some physical risk when they ride, Plano law provides all motorcyclists the right to compensation if they are injured due to the negligence of another driver. A skilled attorney may represent the interests of bikers injured in such accidents to pursue the at-fault party for damages. Contact a Plano motorcycle accident lawyer if you are interested in the process of seeking compensation.
Things to Keep in Mind in a Motorcycle Claim
In the event of a motorcycle accident in Plano, there are several things a Plano motorcycle accident lawyer may consider in order to achieve a positive result in a case:
- Time of Accident
- Legal Evidence of Negligence
- Damages the Accident Caused
Time of Accident
An area of law known as the statute of limitations can make the specific timing of a claim filing very important. Even if a plaintiff has an otherwise airtight case, their claim will fail if the statute of limitation is violated.
Texas Civil Practice and Remedies Code 16.003 gives plaintiffs only two years from the date of the accident to file a case and use diligence in serving the defendant the lawsuit paperwork. If this time limit expires, it will become very difficult to file a case.
Legal Evidence of Negligence
All civil cases must be based upon an established cause of action. Since motorcycle accidents are rarely the result of an intentional act, they are pursued using the tort of negligence. For a negligence claim to work, the plaintiff needs to prove that the defendant had a duty to protect them and that a failure in this duty resulted in their injuries.
In motorcycle accident cases, duty is almost always present. This is because anytime someone gets behind the wheel, they assume a duty to protect all other drivers, passengers, and pedestrians. However, to win a negligence lawsuit a motorcycle accident victim must prove that this duty to protect them was broken.
Often, a plaintiff can accomplish this by showing that the defendant broke the law prior to the accident. All accidents that involve personal injury must be responded to by the police, who in turn are required to produce formal reports stating the facts of the accident as well as any relevant traffic violations. A skilled Plano motorcycle accident lawyer may be able to use this report to the individual’s advantage.
Damages the Accident Caused
Lastly, a case must be evaluated for all the potential damages that may be claimed. Damages in a motorcycle accident case often extend beyond just the physical—if applicable, plaintiffs may also claim lost wages from missed time at work and emotional strain that resulted from the accident.
Speak with a Plano Motorcycle Accident Attorney
After a motorcycle accident, riders may face months of medical treatment and mounting hospital bills, and in the meantime could also miss work and lose valuable time with their families.
While you are working on recovering, let a legal professional work on getting you civil compensation. Gathering evidence, filing paperwork, negotiating with insurance companies, and representing you in court are just well-practiced parts of the job for a seasoned Plano motorcycle accident lawyer, so call today to see how they can help.