A motorcycle wreck may change your life in an instant. Medical bills may begin piling up almost immediately, while the physical toll of your injuries makes it difficult to focus on anything else. If another driver’s negligence caused the collision, you may be entitled to financial compensation for your losses. An attorney at Rose Knows Law, P.L.L.C. may be able to guide you through the process of filing a personal injury claim or, if negotiations fail, pursuing a lawsuit.
Many motorcycle wrecks are caused by other drivers who fail to check their blind spots and mirrors before changing lanes, either colliding directly with motorcyclists or forcing them to crash while trying to avoid a collision. Common driver behaviors that cause motorcycle wrecks include distraction, speeding, failure to yield, aggressive driving, failure to signal, failure to stay in their lane, and drunk driving. Our McKinney personal injury attorneys are here to help you hold negligent drivers accountable.
What Damages Are Recoverable After a Motorcycle Wreck
Motorcycle wreck victims and their families often find themselves scrambling after serious injuries occur. This may be especially difficult when another party’s negligence caused the collision. As medical and other related expenses mount, dealing with insurance companies can feel overwhelming on top of everything else.
The specific damages recoverable after a motorcycle wreck generally include:
- Economic damages
- Non-economic damages
- Punitive damages, sometimes called exemplary damages
- Wrongful death damages
Economic damages refer to actual monetary costs, including medical expenses such as medications, surgeries, treatments, and ongoing care; lost wages for time unable to work; loss of future earning capacity; and other related costs.
Non-economic damages typically cover mental anguish, pain and suffering, and loss of consortium, such as the relationship between spouses or parents and children. Your motorcycle wreck attorney may help assign a monetary value to these types of losses and gather supporting evidence to substantiate your claim.
When you work with Rose Knows Law, P.L.L.C., we may help you determine the total value of your claim. We assess the worth of your case, negotiate to maximize the compensation you are likely to receive, and simplify the process of obtaining the financial recovery you deserve.
How to Prove Liability in a Motorcycle Wreck Claim
If you have been in a motorcycle wreck, you may wonder how to prove liability for your losses and damages. There are four essential elements you must demonstrate to receive compensation, and those are:
Duty of Care
Whenever you are on the road, all drivers owe a duty of care to one another. This includes following the speed limit, maintaining their vehicle, and observing posted traffic signs. By following the law and driving carefully, drivers are far more likely to keep themselves and others safe.
Negligence
Negligence is a breach of the duty of care. When someone fails to follow the law or take reasonable safety measures, they put themselves and others at risk of serious injury or death. Collecting evidence of negligent behavior is a key part of building your claim.
Injuries
Negligence alone does not automatically give rise to a claim. You must demonstrate your injuries resulted directly from the other party’s negligent actions. Seeking medical attention as soon as possible after a wreck helps connect your injuries to the at-fault party and creates the medical documentation needed to support your case.
Economic Losses
You must show you have faced monetary damages as a result of the collision. While non-economic damages like pain and suffering may also be available, you first need proof of economic loss. Economic damages may include medical bills, lost wages, and other losses with clear monetary values.
Proving liability may be complex, but you do not have to go through it alone. Our McKinney motorcycle wreck attorneys may help establish liability and hold the responsible parties accountable for your losses.
What Evidence May Help Strengthen My Case?
Attorney Dale R. Rose is focused on identifying and gathering the types of evidence that may strengthen your motorcycle wreck case. This may include:
- Medical and prescription bills
- Receipts for vehicle and property damage
- Estimated values for non-economic damages, often using evaluations from industry professionals
- Deposit forms and pay stubs to prove lost wages
- Estimated values for loss of future income
- Photos from the scene, witness statements, and police reports
We may meet with you to discuss the specific facts of your case and determine which types of evidence are most applicable. By taking on the duties of gathering evidence, we help lighten the load so you may focus on recovering physically and emotionally.
If you have access to any evidence related to your claim, hold onto it, keep it organized, and bring it to your consultation. Anything you are unable to locate, we may be able to collect on your behalf.
We also analyze all available evidence to identify any information that may positively or negatively impact your case. This approach allows us to avoid unnecessary surprises and maintain confidence throughout your legal matters.
Who May Be Liable for a Motorcycle Wreck
Multiple parties may be responsible for injuries in a motorcycle wreck. Depending on the circumstances, those potentially liable for your losses may include:
- Another driver
- Distracting passengers in any involved vehicle
- Pedestrians
- City or state government entities
- An employee or employer
- A property owner or renter
- Those responsible for vehicle or road maintenance
- Parts or vehicle manufacturers
Other parties may also bear liability depending on the facts of your wreck. Our attorneys may help determine who is responsible if multiple parties contributed to your collision and hold each one accountable for the resulting damages.
How a Motorcycle Wreck Attorney May Help
If you have been in a motorcycle collision resulting in serious injuries, you may be considering legal action. Working with an attorney who has substantial experience in personal injury law may significantly benefit your case.
An attorney at Dale R. Rose, P.L.L.C. may support you throughout your legal matters, including:
- Conducting an independent investigation into the wreck
- Negotiating with all involved parties to pursue a satisfactory settlement
- Preparing your case for court if necessary
- Collecting evidence to prove liability
- Consulting with professionals to determine the full scope of your damages
- Reviewing your damages to determine the total value of your claim
- Communicating with other parties on your behalf
- Presenting evidence to support liability and damages
- Reducing stress related to your claim
Representing yourself following a serious motorcycle wreck may result in reduced compensation, as insurance companies may take advantage of unrepresented claimants. Working with an attorney may help you pursue maximum compensation, reduce time spent in litigation, and lower the risk of being taken advantage of by insurers. Contact our McKinney distracted driving accident attorneys or reach out directly to discuss your case.
Schedule Your Consultation Today
If you need legal assistance following a motorcycle wreck in McKinney, Rose Knows Law, P.L.L.C. is ready to help. With nearly 33 years of legal experience, over 165 first-chair jury trials, and more than $18 million recovered for clients since 2010, Attorney Dale R. Rose has the track record and courtroom experience to fight for the compensation you deserve. We evaluate the particular facts of each case, develop a legal strategy, and assist in gathering the evidence needed to support your claim. You work directly with Dale on all aspects of your case to stay informed and involved throughout the process. Arrange a free consultation today by completing our online contact form.
Frequently Asked Questions
What are the most common causes of McKinney motorcycle wrecks?
The most common cause of motorcycle wrecks is either the risk taking of the motorcycle driver or the inattention of the other vehicle’s driver. Most motorcycle collisions occur because the driver of the car or truck does not see the motorcycle or does not respect it being on the roadway.
What should I look for in a McKinney motorcycle wreck lawyer?
You should almost always hire a local attorney near where you live for your collision. Handling motorcycle cases is not a specialty area recognized by the State Bar of Texas, but your attorney should be familiar with motorcycle riding and the laws of Texas.
How long do I have to file a motorcycle collision lawsuit in Texas?
Under Texas law, there is a two-year statute of limitations for all injuries. This means if you have not filed a lawsuit within that time period, you lose the right to pursue the person who caused your injuries. Contacting a lawyer soon after the collision is the best choice to allow for an investigation, getting witnesses, assisting with medical claims, and handling the insurance carrier. Do not try to resolve your claim with the other driver’s insurance company yourself. They do not owe you any legal duty to fairly and reasonably resolve your injury claim.
What if the other driver was uninsured?
If you were hit by an uninsured or underinsured driver, you may still have options for recovery depending on your own policy. Our uninsured and underinsured motorist attorneys may help you explore all available avenues for compensation.
Is there a cost to speak with a motorcycle wreck attorney?
Rose Knows Law, P.L.L.C. offers free consultations and handles motorcycle wreck cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.