Did you know that according to the National Highway Traffic Safety Administration (NHTSA), Texas consistently ranks among the states with the highest number of motorcycle injuries and fatalities each year? In an instant, a motorcycle crash can change your life, leaving you with severe injuries and costly losses, not knowing what to do or where to turn.
Fortunately, you can reach out to the legal team of Armstrong Lee & Baker LLP. Our motorcycle accident lawyers in Houston will listen to your story and assess your rights and options at no cost. Contact us today for more information.
In the event that you find yourself in this unfortunate situation, remain calm and take the necessary steps to protect your well-being, gather critical information, and hire the best Houston motorcycle accident lawyer you can find. Here are the key steps to take after a motorcycle accident to ensure your rights, heal your injuries, and receive the compensation you are legally entitled to.
The safety and well-being of all parties involved should be your top priority after a motorcycle accident. Before doing anything else, take a moment to assess yourself for injuries. Even if you feel fine initially, keep in mind that some injuries may not be immediately apparent. Adrenaline and shock can mask pain and symptoms. If you experience any pain or suspect an injury later on, go to the emergency room.
Emergency services should be contacted as soon as possible after any auto accident, especially if there are injuries or significant damage to vehicles or property. Dial 911 and provide them with accurate information about the accident’s location and the nature of any injuries. Dispatchers will send police officers and medical professionals to the scene to provide assistance and document what happened.
After ensuring everyone’s safety and calling for help, you should exchange information with the driver involved in the accident. Obtain their full name, contact information, driver’s license number, vehicle registration details, and insurance information. Conversely, provide them with the same information about yourself. You’ll need these details to pursue your insurance claims and potential lawsuits.
Even if you believe your injuries are minor, always go see your doctor after a motorcycle accident. Again, some injuries may not manifest immediately, but a medical professional will be able to properly assess your condition. They can also provide valuable documentation of your injuries, which can play a crucial role in any legal proceedings that may follow. Promptly seeking medical attention not only ensures your health and well-being but also establishes a vital record of your medical condition for your case.
If you are physically able to do so and it is safe, take photos and/or videos of the accident scene with your smartphone. Include images of the vehicles involved, the damage sustained, and the surrounding environment. These photos can provide valuable evidence of the accident’s cause, the extent of the damage, and any contributing factors. Furthermore, capturing images of skid marks, road conditions, and traffic signs can help reconstruct the accident and make it easier and faster for your motorcycle accident lawyer in Houston to get you a fair settlement.
If there are any witnesses to the accident, try to gather their contact information and ask for their version of what happened. Witness statements can play a crucial role in supporting your account of the accident, especially if there are conflicting stories. Their testimony can help establish liability and bolster your case with the insurance company or in any future legal proceedings.
When the police arrive at the scene, cooperate fully and provide an accurate account of the motorcycle accident. Stick to the facts, and even if you feel you were negligent to some degree or wholly at fault, do not speculate as to who or what caused the collision. Once you have provided your statement, request a copy of the police report and make a note of the officer’s name and badge number.
Promptly report the motorcycle accident to your insurance company, even if you were not at fault. Provide them with accurate and detailed information about the accident, the other party involved, and any injuries or damages sustained. Be cautious when speaking with insurance adjusters—avoid providing any recorded statements until you have consulted with your motorcycle accident attorney.
While dealing with the aftermath of a motorcycle accident, let your lawyer handle the paperwork and phone calls. Prioritize your physical and emotional recovery. Follow your doctor’s and your specialist’s recommendations. Attend all necessary medical appointments. Take care of yourself both physically and mentally, as neglecting your treatments, medications, or appointments does not play out well in the settlement.
To protect your rights and ensure you receive the compensation you deserve, find and hire not just a savvy or experienced lawyer, but the right motorcycle accident attorney for your case. Personal injury claims can be challenging, and having a trusted and experienced attorney on your side can significantly improve your chances of a successful outcome. An attorney will gather evidence, negotiate with insurance companies, and fight for your rights so that you can focus on your recovery.
According to the Texas DOT, motorcyclists in Houston and throughout the state, in any given year, experience the following:
Hopefully, this puts things in perspective when you are thinking about your case, your healing, and the future. As motorcycle accident attorneys in Houston, Texas, these are the most common injuries our clients face after a crash:
In Texas, only riders under the age of 21 are required to wear helmets. Therefore, some of the most common injuries sustained in motorcycle accidents in Houston are, unfortunately, head injuries. The head is particularly vulnerable in motorcycle accidents due to the lack of protective barriers typically found in enclosed vehicles.
Head injuries can range from concussions to severe traumatic brain injuries (TBIs). Symptoms of head injuries include headaches, dizziness, confusion, and loss of consciousness. Prompt medical attention is essential to assess the extent of the injury and provide appropriate treatment. Treatment may involve rest, medication, and, in severe cases, surgery.
The healing time for head injuries can vary depending on the severity, ranging from a few weeks to several months. Long-term consequences of head injuries can include cognitive impairments, memory problems, and emotional changes.
Roughly 15% of motorcycle accident victims suffer neck and back injuries, including paralysis. Spinal cord injuries for the biker reportedly occur in 11% of motorcycle crashes. The thoracic spine was most commonly injured, followed by the lumbar, then the cervical. One-quarter of these spinal cord injuries led to neurologic injury, with 14% experiencing complete distal neurologic injury. About 9% of the bikers needed spinal surgery. One-tenth of the spinal injuries were fatal.
Symptoms of spinal cord injuries include loss of movement, difficulty breathing, and loss of bladder or bowel control. Treatment for spinal cord injuries typically involves immobilization, surgery, rehabilitation, and long-term care. The healing time for spinal cord injuries can vary greatly depending on the severity of the injury, and some individuals may experience lifelong paralysis and disability as a result.
Broken bones are also common motorcycle accident injuries. The high-speed impact and lack of protection on a motorcycle can lead to not just severe fractures but totally shattered bones, such as limbs, ribs, and collarbones. Symptoms of fractured bones include intense pain, swelling, deformity, and difficulty moving the affected area.
Treatment involves immobilization, medication for pain management, and, in some cases, surgery to realign and stabilize the bones. Healing time for fractures and broken bones can vary depending on the location and severity of the injury, ranging from several weeks to several months. Individuals may also experience long-term complications such as limited mobility, chronic pain, and the need for physical therapy or rehabilitation.
Amputations are another devastating consequence of motorcycle accidents. Reports show that 9% of people injured in motorcycle accidents ended up having a limb amputated, most commonly their legs.
Losing a limb can have a profound impact on an individual’s physical and emotional well-being. Treatment for amputations involves immediate medical intervention to control bleeding and remove damaged tissue, followed by rehabilitation and, if possible, prosthetic fitting.
The healing time for amputations can be extensive, as individuals must learn to adapt to life with a prosthetic limb. Long-term consequences include the need for ongoing therapy and rehabilitation, as well as potential psychological and emotional challenges associated with limb loss.
The NHTSA reports that 30% of motorcycle accidents cause road rash. It is the most common biker injury we see as motorcycle accident lawyers in Houston. Road rash occurs when a rider slides across the pavement after a crash. The friction between the body and the road can cause bits of debris to get embedded under the skin, severe abrasions, bleeding, and lacerations.
Symptoms of road rash include pain, swelling, bleeding, and the presence of loose or damaged skin. Treatment involves cleaning the wound, removing debris, and applying antiseptic ointment and dressing. Healing time for road rash can vary depending on the severity of the injury and proper wound care. Long-term consequences may include scarring, infection, and additional complications.
Internal injuries can include damage to organs such as the lungs, liver, spleen, or kidneys. Symptoms of internal injuries may not always be immediately apparent, but can include abdominal pain, swelling, and internal bleeding. Prompt medical attention is crucial for diagnosing and treating internal injuries. Just because you may not be bleeding on the outside doesn’t mean you might not be bleeding on the inside.
Treatment for internal injuries involves surgery, medication to manage pain and prevent infection, and close monitoring for potential complications. Healing time for internal injuries varies depending on the extent of the damage and the effectiveness of treatment. Long-term consequences can include organ dysfunction, chronic pain, and the need for ongoing medical care.
Whenever vehicles leak fluids, be it gas or oil, at the scene of an accident, burns are likely, particularly if the rider comes into contact with hot surfaces or ignited fuel. Burns can range from surface-level first-degree burns to deep-tissue third-degree burns that cause significant tissue damage. Symptoms of burns include pain, redness, blistering, and skin peeling.
Treatment for burns involves cleaning the wound, applying topical ointments or dressings, and possibly surgical intervention in severe cases. Healing time for burns can vary depending on the severity and extent of the burns. Long-term consequences of burns can include scarring, disfigurement, skin grafts, and the need for ongoing wound care or reconstructive or plastic surgery.
In addition to bodily injuries, motorcycle accidents cause psychological trauma. After serious accidents, people often experience nightmares, anxiety over traveling on the road or riding in a vehicle, depression about the sudden change to their health and lifestyle, and flashbacks at things that remind them of the crash, like certain streets, loud sounds, or seeing certain types of cars.
Many of the motorcycle accident survivors we work with at Armstrong Lee & Baker LLP experience post-traumatic stress disorder (PTSD) to some degree or another. Other symptoms of emotional trauma include hypervigilance and difficulty sleeping or concentrating. Treatment for psychological trauma includes therapy, medication, and support groups. Healing time for emotional trauma varies depending on the individual and situation. A motorcycle crash can deeply interrupt an individual’s life and require ongoing therapy and support.
According to a study of over 2,000 people injured in motor vehicle accidents, individuals with severe injuries were, on average, still recovering 12 months after the accident. Since motorcycle accident injuries tend to be more serious, it’s safe to assume this is even more true for bikers.
Again, the recovery time after a motorcycle accident varies depending on the severity of the injuries and any pre-existing conditions. Other factors that influence recovery time include the type of injury, age, overall health, and the effectiveness of the medical treatment you are receiving.
As motorcycle accident lawyers in Houston, we can not say this enough: be sure to follow your healthcare provider’s instructions, attend follow-up appointments, and participate in any rehabilitation programs prescribed.
The following is some information about each stage of the settlement process after a bike crash. By understanding how the legal process works, you can make informed decisions along the way. However, always have one of our motorcycle accident attorneys handling every step of the process.
The first and most important step in the process is to hire a trusted motorcycle accident attorney in Houston. One wrong step or error from your legal representation can cost you a lot. When choosing an attorney, look for someone with specific experience in handling motorcycle accident cases. These cases can be complex and require knowledge of traffic laws, insurance policies, and motorcycle dynamics. By hiring an attorney with a wealth of knowledge in this area, you can ensure that you have the best possible motorcycle lawyer by your side.
Once you have hired an experienced motorcycle accident attorney from Armstrong Lee & Baker LLP, we will begin the process of initiating your insurance claim and/or lawsuit. You have the chance to carefully review, consider, and sign our representation agreement and agree to our fee structure before anything. We’ll get familiar with your goals in the case to make sure we are on the same page.
One of the key aspects of a motorcycle accident lawsuit is gathering evidence to support your claim. As your attorney, we use various methods to collect evidence, including:
After we have our hands on all the right evidence, we will enter into negotiations with the other party and/or their insurance company to reach a settlement. Settlement negotiations can be a lengthy process, as both parties typically need to go back and forth to reach a mutually agreeable resolution.
Your Armstrong Lee & Baker LLP attorney will advocate for your best interests, working to secure a settlement that provides the compensation you are legally entitled to for your injuries, medical expenses, lost wages, and other damages.
What’s known as the discovery process is where cases are really made. This is the pretrial stage where both parties exchange information and see what cards the other lawyer is holding. Here is a breakdown of what happens during the discovery process in a motorcycle accident case:
Discovery is a time-consuming and intricate process, but the diligent Houston attorneys in our office have the patience, strategy, and know-how to effectively achieve the desired outcome for our clients.
If your case still hasn’t settled by now, you’ll go to trial. Preparing for trial involves strategy and practice. Your lawyer will work on a persuasive opening statement, prepare witnesses, figure out which evidence to focus on, which experts to bring in as witnesses for your side, and so on.
Again, accident reconstructionists may be asked to show the judge or jury a blow-by-blow account of what happened in the accident. Throughout this process, your attorney will keep you informed and involved, ensuring that you are prepared to testify and present your side of the story in court.
If your case proceeds to trial, we will represent you in court and present your case to a judge or jury. We argue on your behalf, presenting evidence and cross-examining witnesses. Your attorney will use their courtroom knowledge, speaking skills, and any other tools in their bag to build a compelling case and secure a favorable outcome. Trials can last a few hours to a few weeks depending on various factors.
Following the trial, the judge or jury will deliver a verdict. If you are successful in your lawsuit, you will be awarded damages to compensate you for your injuries and losses. The amount of damages will vary based on the circumstances of your case and the severity of your injuries.
Once your case is resolved, whether through settlement or trial, your attorney will collect your compensation and take care of all necessary paperwork. Once the check has cleared, we pay any outstanding fees or expenses related to your case, including our own fees, then expedite your payment.
If the outcome in court is not favorable, you have the option to appeal the decision, which requires a higher court to review the case and potentially overturn the verdict. Appeals are typically based on errors of law that occurred during the trial or new evidence that was not previously available. Discuss with your attorney if an appeal is appropriate and has a realistic chance of success.
“Every challenge is an opportunity for us to make a difference. Let’s work together to turn your personal injury journey into a successful path forward. ”
Scott Armstrong
Partner
We’ll fight for the compensation you deserve.
When it comes to determining fault in a motorcycle accident in Texas, there are several aspects and elements that need to be considered. Here are some key points:
Negligence is a central concept in determining fault in any personal injury case, including motorcycle accidents. To establish negligence, you must prove that the other party owed you a duty of care, that they breached that duty, and that their breach caused your injuries. In the context of a motorcycle accident, this could mean demonstrating that the other driver failed to yield the right-of-way or was driving above the speed limit.
Texas follows a modified comparative fault system, which means that fault can be allocated to multiple parties involved in an accident. It’s not a black-and-white system where one person will always be deemed 100% responsible. Under this system, your compensation may be reduced by the percentage of fault assigned to you, if any. However, if you are found to be more than 50% at fault, you are generally barred from recovering any compensation. Discuss this with your motorcycle accident lawyer in Houston for more details.
In Texas, there are different levels of fault that can be assigned in a motorcycle accident case. These include:
If the other party involved in the accident was cited for a traffic violation, such as running a stop sign or red light, it can strengthen your case by establishing that they were at fault. Depending on which law was broken, the other driver may be found to be negligent, reckless, or liable.
Rear-end collisions are common in motorcycle accidents, often resulting in serious injuries for the motorcyclist. In most cases, the driver who rear-ends another vehicle is presumed to be at fault. However, there may be exceptions if the motorcyclist abruptly stopped or engaged in negligent behavior.
Left turn accidents involving motorcycles can be particularly challenging when determining fault. Drivers making a left turn are supposed to yield to oncoming traffic, including motorcycles. If a driver fails to yield and causes an accident with a motorcycle, they are often found to be at fault for the collision.
Sometimes, a motorcycle accident may be caused by a defect in the motorcycle itself. In such cases, the manufacturer or seller of the motorcycle may be held liable for the injuries and damages. Examples of defects could include faulty brakes, a malfunctioning accelerator, or a defective tire.
In some instances, the government may be held liable for a motorcycle accident if it can be shown that a dangerous road condition or inadequate signage contributed to the accident. Establishing government liability can be complex, as there are specific procedures and time limits involved.
Motorcycle crashes are often blamed on the recklessness of bikers. However, other drivers are usually to blame. Here are the most common causes of motorcycle accidents in Houston based on what we see as motorcycle accident lawyers:
Do not allow insurance companies to apply wrongful motorcycle bias to your claim to blame you for your accident and avoid liability. Instead, allow our attorneys to identify the true cause of your accident and who should be responsible for your losses.
While it’s impossible to eliminate all risk, there are proactive steps motorcyclists can take to minimize the chances of being involved in an accident. Here are a few tips to help you stay safe on the road:
Remember, even the most cautious riders can be involved in accidents due to the negligence of other motorists. If you find yourself in such a situation, seek legal advice from a motorcycle accident lawyer in Houston to protect your rights.
If you’ve been injured in a motorcycle accident in Houston due to someone else’s negligence, you may be entitled to various types of compensation. The exact amount of compensation you can receive will depend on the specifics of your case. Potential types of compensation include:
An experienced motorcycle accident lawyer in Houston can assess the details of your case and determine the types of compensation you may be eligible for.
In Texas, the statute of limitations for filing a personal injury claim, including motorcycle accidents, is generally two years from the date of the accident. However, it’s crucial to consult with a motorcycle accident lawyer as soon as possible after the accident to ensure that all deadlines and requirements are met. Failing to file within the designated timeline may result in the loss of your legal right to seek compensation.
Yes, it is possible to seek wrongful death compensation if you have lost a loved one in a motorcycle accident due to someone else’s negligence. Wrongful death claims are intended to provide financial support for the surviving family members who have been impacted by the loss.
To pursue a wrongful death claim, you will need to establish that the at-fault party’s negligence directly caused the accident and subsequent death. Once it is established that you have a valid claim, the next step is to gather evidence. This may include police reports, witness statements, medical records, and any other relevant documentation. Your wrongful death attorney will work with you to compile a strong case that demonstrates the negligence or wrongdoing of the at-fault party.
After the evidence has been gathered, your attorney will file a wrongful death lawsuit on your behalf. This legal action will seek compensation for the damages you and your family have suffered as a result of your family member’s motorcycle accident. The amount of compensation will vary depending on factors such as medical expenses, funeral costs, loss of income, and loss of companionship.
Throughout the legal process, we will negotiate with the insurance companies involved, fight for your rights, and work to secure a fair settlement. Just like a personal injury case, a trial may be necessary to achieve the desired outcome. Your Houston attorney will prepare a strong case and represent you in court, if needed.
It is important to note that the statute of limitations does also apply to wrongful death claims. In Houston, Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the accident. Time is of the essence, so act promptly and consult with a Houston wrongful death attorney as soon as possible to have the best chances.
You can expect a motorcycle accident attorney in Houston to provide these services, among others:
When dealing with the aftermath of a motorcycle accident, having a trusted advocate like one of the motorcycle injury lawyers from Armstrong Lee & Baker by your side can greatly alleviate the stress and help you achieve the best possible outcome.
Motorcycle accidents can be devastating, both physically and emotionally, so it’s understandable that you want to take some time to recoup before adding legal action to your plate. However, it’s important to understand that time is of the essence regarding a motorcycle injury claim.
Seeking the assistance of a skilled motorcycle accident attorney should be one of your top priorities, and delaying this step could have serious consequences when receiving the compensation you deserve.
One reason why you should never delay in seeking a motorcycle accident attorney is that there are strict deadlines imposed by the statute of limitations. As we mentioned earlier, in Texas, the statute of limitations for personal injury claims, including motorcycle accidents, is generally two years from the date of the accident. If you fail to file your claim within this time frame, you may be forever barred from seeking compensation for your injuries and damages. This is why it’s crucial to consult with an attorney as soon as possible to ensure you don’t miss out on the opportunity to pursue your case.
Another important reason to seek legal representation without delay is that the insurance companies involved in motorcycle accidents will often try to take advantage of unrepresented claimants. They may reach out to you shortly after the accident, offering a quick settlement that may seem tempting at first to cover your immediate expenses.
However, accepting a settlement offer without consulting an attorney can be a significant mistake. Insurance companies are known for offering lowball settlements that do not adequately compensate victims for the full extent of their injuries and damages. An experienced motorcycle accident attorney will be able to assess the true value of your case and negotiate on your behalf for fair and just compensation.
Preserving evidence is also a crucial aspect of any motorcycle accident case. The longer you wait to seek legal representation, the greater the risk of vital evidence being lost or destroyed. Promptly hiring a motorcycle accident attorney ensures that they can immediately begin gathering and preserving evidence to support your claim. This may include collecting accident reports, obtaining witness statements, securing surveillance footage, and analyzing any available medical records. By acting quickly, your attorney can strengthen the strength of your case by ensuring all relevant evidence is properly documented and preserved.
Seeking the assistance of a motorcycle accident attorney in Houston should never be delayed. Time is of the essence, as the statute of limitations imposes strict deadlines. By delaying your search for legal representation, you run the risk of missing out on the opportunity to pursue compensation for your injuries and damages. Additionally, insurance companies may try to take advantage of unrepresented claimants, and valuable evidence may be lost over time.
Don’t hesitate to seek the guidance and representation of a skilled motorcycle accident attorney who can advocate for your rights and maximize your chances of a successful outcome.
Motorcycle accidents are, unfortunately, far too common in Houston and throughout Texas. With roughly 400,000 street-legal motorcycles registered in our state, how many of them find themselves involved in collisions? Here are a few motorcycle accident statistics to give you a better understanding of the situation:
Motorcycle accident cases can be complicated and require a thorough understanding of the law. Trying to handle the legal system on your own can be overwhelming and may lead to costly mistakes. By seeking the guidance of an experienced motorcycle accident attorney, you can rely on their knowledge and experience to guide you through the process and optimize your chances of a successful outcome. We will handle all communication with insurance companies, negotiate with opposing attorneys, and prepare your case for trial if necessary.
If you or a loved one has been involved in a motorcycle accident in Houston, your best course of action is hiring a lawyer from Armstrong Lee & Baker LLP. Our reputable, hard-working Houston motorcycle accident lawyers at Armstrong Lee & Baker LLP can guide you through the legal process with precision and compassion. We understand the unique challenges faced by motorcycle accident victims and strive to secure the maximum compensation we can for you. To set up a free legal consultation and case review, contact our office now.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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