Motorcyclists know that driving a motorcycle can be dangerous. Most bikers regularly take safety precautions and follow traffic rules to avoid accidents and injury. Unfortunately, even the most careful motorcyclists can’t plan for someone else’s negligence.
At the Hartley Law Firm, our Little Elm and Frisco motorcycle accident lawyers understand the wreckage a motorcycle accident can leave in its wake. If someone else’s recklessness caused a motorcycle crash that resulted in injury, we will fight tirelessly to secure the maximum compensation you need to cover your losses. We care deeply about our clients, understand insurance companies, and will use our years of legal expertise to ensure you receive the justice you deserve. Contact us today.
Common Causes of Motorcycle Accidents
On average, more than one motorcyclist dies in a crash on Texas roads every day. In 2021, 519 riders died, and 2,318 suffered serious injury. Numerous events can cause a motorcycle crash. And often, the cause of the crash determines who is liable for a victim’s damages. When you hire the Hartley Law Firm, your Frisco and Little Elm motorcycle accident attorneys will investigate your crash and determine the true cause of your accident. However, knowing the common causes of motorcycle accidents before a collision can help you avoid them altogether.
Frequent mistakes both vehicle drivers and motorcycle operators make that contribute to accidents include:
- Failing to check blind spots,
- Driving while distracted,
- Braking suddenly,
- Turning or changing lanes without signaling,
- Reckless driving such as speeding or tailgating,
- Driving under the influence of alcohol or drugs,
- Falling to pay attention to subpar road conditions,
- Failing to account for inclement weather, and
- Ignoring mechanical issues.
Our experienced Little Elm and Frisco motorcycle accident attorneys at the Hartley Law Firm will help you establish why you crashed and who was responsible. We will then use this information to help prove the other party’s negligence, which is essential for a successful claim.
Proving Negligence in Motorcycle Accidents
To demonstrate another party’s negligence, your Little Elm and Frisco motorcycle accident attorneys will need to show four things:
- Duty—that the other party owed you a duty of care;
- Breach—that the other party somehow violated this duty;
- Causation—that this violation directly caused your motorcycle crash; and
- Damages—that the motorcycle crash caused your injuries and property damage.
In a motorcycle crash, more than one party can be liable for your injuries. The driver may be responsible, but a third party might also have been negligent. Third parties can include mechanics, parts manufacturers, dealers, and government municipalities.
What Should Motorcyclists Do After an Accident?
If possible, the first thing a biker should do after an accident is to call the police. Once an officer responds to the scene, they will fill out a report. This is an essential step, as a police report often plays a big part in determining negligence. Furthermore, under Texas law, if a vehicle accident injures someone or one or more vehicles have over $1,000 in damage, you must report the accident to the police. The police are then required to fill out a Peace Officer’s Crash Report (CR-3 form) and submit it to the Texas Department of Transportation (TxDOT) no later than the tenth day after the date the crash happened. Once an officer has submitted their report, you can obtain a copy from TxDOT’s Crash Report Information System.
You should also seek medical attention immediately if you are injured, even if you believe it’s just a minor injury. Major injuries sometimes take a while to present, and it’s always best to err on the side of caution. A medical report will also help you establish liability and negligence.
If you can, take pictures of the accident and any property damage at the scene. Be sure to exchange all personal information with the other parties involved. The evidence you collect may bolster your claim and can help your attorney decide the best course of action.
Finally, report the accident to your Texas motorcycle insurance company so they can open an investigation. Then call an experienced motorcycle accident attorney. Having an experienced legal advocate on your side who can deal with insurance companies and negotiate compensation will help you collect the motorcycle accident settlement you need. Be sure to take this step as soon after your accident as possible. Under Texas law, bikers must file their injury claim no more than two years after their accident. If you do not file a personal injury claim for your motorcycle accident injuries within two years, the law will bar you from recovery.
Call the Hartley Law Firm Today
The Frisco and Little Elm motorcycle accident lawyers at the Hartley Law Firm provide aggressive representation. You can rely on our years of experience if your insurance company doesn’t offer the compensation you deserve. If someone else’s negligence caused your motorcycle crash, our experienced attorneys can fight to hold that person accountable. Contact us today. We offer free consultations and don’t charge attorney fees unless you win.
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