Frequently asked questions about Houston motorcycle accidents
Answers you can trust from experienced attorneys
Have you been injured in a motorcycle accident caused by another driver in Houston? Not sure what to do next? Odds are you have a lot of questions about your motorcycle accident. That’s why it’s critical that you talk with someone familiar with motorcycle accidents, someone who knows the law and understands how the legal system works here. That’s why we want to meet with you.
Our experienced Houston motorcycle accident lawyers at Smith & Hassler can help you every step of the way. We have over 30 years of experience winning big cases for clients throughout Texas. Learn more about how we can help you. Contact our law firm and schedule your free consultation right now.
What is your motorcycle accident question?
Below, you’ll find the answers to some of the most frequently asked questions about motorcycle accidents in Texas. The answers to these questions should merely serve as a guideline for what to do. For more specific answers, we encourage you to talk to a lawyer at our law firm. Each motorcycle accident is unique. We can give you detailed answers to your specific questions.
- What are common causes of motorcycle accidents in Texas?
- Should I contact the police after my Houston motorcycle accident?
- Should I seek medical attention after my motorcycle accident?
- Should I talk to the driver who caused my Houston motorcycle accident?
- Should I call my insurance company after my motorcycle accident?
- Should I talk to the other driver’s insurance company after my Houston motorcycle accident?
- Should I accept a settlement offer from the other driver’s insurance company after my motorcycle accident?
- How much is my motorcycle accident worth?
- How do motorcycle accident claims differ from other vehicle accident claims?
- What can I be reimbursed for after my motorcycle accident?
- Can I file a lawsuit for my motorcycle accident?
- How much time do I have to take legal action after my Texas motorcycle accident?
- Why are some motorcycle accident cases so complicated?
- How is fault determined in a motorcycle accident?
- Can I still receive compensation if I was partially at fault for my motorcycle accident?
- What if I lost a loved one in a fatal motorcycle accident?
- How can a Houston motorcycle accident lawyer help me?
What are common causes of motorcycle accidents in Texas?
Motorcycle accidents happen for many different reasons. Often, accidents happen because drivers are behaving in a reckless or negligent manner. More specifically, motorcycle accidents in Texas often happen for the following reasons:
- A distracted driver “doesn’t see” a motorcyclist and crashes into them.
- A driver turning left at an intersection doesn’t look and hits a motorcyclist.
- An aggressive driver tailgating a motorcyclist doesn’t stop in time to avoid an accident.
- A reckless driver changes lanes without looking and strikes a motorcyclist.
- A texting driver crashes into a motorcyclist.
- A drunk driver hits a motorcyclist.
"In December 2011 I was involved in a motorcycle accident, a driver failed to yield right of way and turned into my lane of travel. Totaled motorcycle, hospital visit, broken arm, beginning stages of bruising. I take my bruised and aching body to the nearest Smith and Hassler location. From that moment on for the next three years Mr. Carter became my lawyer. Mr. Carter sat down with my wife and I and explained what was going to happen next. I cannot remember every detail of our first meeting but what I do remember is hearing the words, “You are to not worry about anything else except getting better. We will take care of the rest.” For the next three years there was never a lapse in communication on his behalf. I was made aware of every single decision that had an impact on my case. I was sent a monthly update of where the discussions stood with the insurance company. In the entire time of the case I may have asked a total of five questions. Why? Because Mr. Carter answered every question I would have prior to me even actually asking it. It was his attention to details that truly impressed me." — Patrick
Should I contact the police after my Houston motorcycle accident?
Yes. If the other driver doesn’t want to contact the police, insist on doing so. Even if the other driver clearly caused your accident, you may encounter difficulties later getting the money you deserve. That’s because many drivers and their insurance companies give motorcyclists a hard time after their accident. That’s why it’s important to have an official police report after your motorcycle accident. These reports often help to set the record straight about what really happened.
Should I seek medical attention after my motorcycle accident?
Yes. Even if you feel fine after your accident, it’s critical that you see a doctor or another medical professional as soon as possible after your crash. You could have a life-threatening, internal injury. Without being examined, you won’t know the full extent of your injuries. Another reason why it’s important to have a medical professional examine you is because that will create an official record of your injuries, something many insurance companies insist on when compensating injured motorcyclists.
Should I talk to the driver who caused my Houston motorcycle accident?
Yes, but keep your comments brief. Simply ask for the driver’s full name, address, phone number and insurance information. Don’t say anything else about your accident. Anything you say (even something as simple as “I’m sorry”) could later be used against you to deny your claim. If the driver has any questions about your crash, simply tell them to contact us. We know how to talk about accidents and deal with insurance companies. We’ve been doing this work for more than 30 years in Texas. You can count on us.
Should I call my insurance company after my motorcycle accident?
Yes, but again, keep your comments to a minimum. Simply tell your insurance company you have been in a motorcycle accident caused by another driver. If your insurance company has any other questions, simply tell them to contact us. Until you know more about your accident, it’s always smart to be cautious when talking to insurance companies, including your own.
Should I talk to the other driver’s insurance company after my Houston motorcycle accident?
No. If they call you after your accident – and they will – simply tell them to contact our law firm. Even the most innocent sounding questions are often an attempt by insurance companies to get information out of you they can use against you. Don’t trust insurance companies. Tell them to contact our law firm. We know how to deal with them.
Should I accept a settlement offer from the other driver’s insurance company after my motorcycle accident?
Don’t be surprised if the other driver’s insurance company contacts you and offers you money to settle your motorcycle accident claim. While it may be tempting to accept their offer, the reality is their motorcycle accident settlement offer won’t even come close to covering all your accident-related expenses. That’s why it pays to talk to a lawyer about any settlement offers you receive for your motorcycle accident. We would be happy to review your offer with you and give you advice on what we think you should do.
How much is my motorcycle accident worth?
There’s no set dollar amount when it comes to motorcycle accident claims. Sometimes, a motorcycle accident might be worth a few thousand dollars. Other times, a motorcycle accident may be worth millions. That’s why it’s important to talk with a lawyer at our law firm. We can provide an estimate of what we think your motorcycle accident may be worth based on the unique circumstances of your crash.
How do motorcycle accident claims differ from other vehicle accident claims?
Motorcycle accident claims are often very different from car accident claims due to the biases against motorcyclists. Many insurance companies perceive motorcyclists as reckless and more likely than drivers to engage in risky behavior. They may use their bias to shift the blame onto you.
Additionally, motorcycle accidents often result in more severe injuries than car accidents. That’s because motorcyclists are more vulnerable than car drivers. They don’t have the protection of seatbelts, airbags, and surrounding frames. Even when wearing helmets and other protective gear, motorcyclists are at risk of being seriously injured in a crash.
What can I be reimbursed for after my motorcycle accident?
Any expense related to your motorcycle accident should be paid for by the driver who caused your crash or their insurance company, and not just expenses immediately after your accident. Your motorcycle accident claim should cover all current and future expenses, including:
- Emergency medical care
- Follow-up medical care
- Physical therapy
- Lost income during recovery
- Lost future income if you cannot return to work
- Home modifications if you have a permanent disability due to your crash.
- Pain and suffering in certain circumstances.
Can I file a lawsuit for my motorcycle accident?
Yes. You are legally allowed to file a motorcycle accident lawsuit in Texas if you want to do so. Sometimes, filing a lawsuit is the best way to get the money you deserve for your accident. We can advise you on whether we think taking legal action is the best approach for your crash.
How much time do I have to take legal action after my Texas motorcycle accident?
Under Texas law, you have two years from the date of your motorcycle accident to file a lawsuit or take any other legal action in most cases. This deadline is known as the statute of limitations. Two years might seem like a long time, but the reality is the longer you wait to take legal action, the harder it often is to find the evidence you need to build a strong legal case. That’s why we encourage you to talk to us as soon as possible after your motorcycle accident.
Why are some motorcycle accident cases so complicated?
The main reason why motorcycle accident cases are often so complicated is because some people are biased against motorcyclists. Some drivers and insurance companies automatically blame motorcyclists for causing collisions, even when the other driver clearly caused your accident. Why? Some people think all motorcyclists are reckless thrill-seekers. We know the truth. We know that most motorcyclists are law-abiding citizens who follow the rules of the road. That’s why we would be honored to represent you. We can set the record straight and demand the financial compensation you need and deserve after your motorcycle accident.
How is fault determined in a motorcycle accident?
To determine fault in a motorcycle accident claim, four key criteria must be proven:
- The car driver had a duty of care to uphold on the road. That means obeying traffic laws and driving safely.
- The car driver must have breached their duty of care and caused your motorcycle accident.
- Causation must be established. For example, the car driver ran a red light or was texting and driving.
- You must have sustained damages as a result of your motorcycle accident.
To prove these four criteria, a motorcycle accident lawyer will analyze the crash scene, get witness statements, obtain the police report, and gather any other relevant evidence.
Can I still receive compensation if I was partially at fault for my motorcycle accident?
If you were partially at fault for your motorcycle accident, you can still receive compensation. Texas uses the comparative negligence 51% rule, which allocates fault between two or more parties involved in a traffic accident.
If you’re found to be 51% or more at fault, you’re barred from recovering compensation. If you’re 50% or below at fault, you can still get compensated, but your compensation will be reduced by your percentage of fault. For example, if your damages come to $50,000 and you’re 10% at fault, you would be able to receive $45,000.
What if I lost a loved one in a fatal motorcycle accident?
If your loved one died because of a motorcycle accident, you may be able to pursue a wrongful death claim. This pays for loss of earnings, loss of companionship, mental anguish, loss of inheritance, funeral expenses, and more.
To file a wrongful death claim, you must be a surviving spouse, child, or parent of the deceased. You must file within two years from the date of the motorcycle accident that led to your loved one’s death.
How can a Houston motorcycle accident lawyer help me?
There are so many ways that a Houston motorcycle accident attorney can help you. In general, it all comes down to having someone on your side you can trust who will fight for your rights. Our attorneys thrive on defending the rights of our clients. We know how to aggressively investigate claims. We can negotiate with the other driver’s insurance company. If they refuse to cooperate, we will not hesitate to file a motorcycle accident lawsuit on your behalf. Get the compensation you deserve after your Houston motorcycle accident. Get Smith & Hassler, Attorneys at Law.