If you suffer injuries in a motorcycle collision, your life may be irrevocably changed. Medical bills may start overwhelming you almost immediately, not to mention the stress and sheer physical toll from your injuries. A McKinney personal injury lawyer at Rose Knows Law may be able to ease your worries and help guide you through the process of filing a personal injury claim or, if negotiation attempts fail, filing a lawsuit.
Many motorcycle wrecks are caused by the negligence of other drivers. They often fail to properly check their blind spots and mirrors before changing lanes, often either colliding with motorcycles or causing motorcyclists to crash when trying to avoid a collision. Driver negligence leading to motorcycle wrecks often includes actions like driver distraction, speeding, failure to yield, aggressive driving, failure to signal, failure to stay in their lanes, and drunk driving.
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 traumatic when another party’s negligence caused the collision. As medical and other related expenses begin to mount, they may run into difficulties with getting insurance companies to pay for rightful bills.
Specific damages are recoverable after a motorcycle wreck, and those usually consist of the following:
- Economic damages
- Non-economic damages
- Punitive damages, sometimes called exemplary damages
- Wrongful death damages
Economic damages refer to those causing actual monetary costs or bills. This may include medical expenses like medications, surgeries, medical treatments, and ongoing care; lost wages for time unable to work; loss of future earning capacity; and other relevant costs.
Non-economic damages typically refer to things like mental anguish, pain and suffering, and loss of consortia or essential family relationships, such as between spouses or parents and children. Your motorcycle wreck attorney may help determine a method for assigning a monetary value to these types of losses. They also help you substantiate your claims by gathering supporting evidence.
When you work with an attorney from Rose Knows Law, we may help you determine the total value of your claim. We estimate the worth of your case, negotiate to maximize the compensation you are likely to receive, and simplify any processes related to obtaining the financial recovery you need and deserve.
How Do You Prove Liability in a Motorcycle Collision Claim
If you have been in a motorcycle wreck, you may wonder how you would prove liability for losses and damages. There are four essential elements you must demonstrate to receive compensation for your losses, and those are the following:
Required Duty of Care
Whenever you are on the road, you and all other drivers owe a duty of care to each other. By following the law and driving carefully, you are far more likely to stay and keep others safe. For example, duty of care includes following the speed limit, maintaining your vehicle, and following posted traffic signs.
Negligence
Negligence is also known as a breach of duty of care. When someone fails to follow the law and additional safety measures, they put themselves and others at risk of serious injuries or death. You may need to collect evidence to demonstrate negligent behavior.
Injuries
Negligence alone does not mean someone will receive serious injuries. In particular, you must demonstrate injuries resulted directly from another person’s negligent actions. Often, you connect your injuries to a negligent party by seeking medical assistance as soon as possible. Medical paperwork serves as evidence in your claim.
Economic Losses
You must demonstrate you have faced monetary damages due to the incident. While you may also receive compensation for non-economic damages, including pain and suffering, you must first have proof of economic loss. Economic damages may include medical bills, lost wages, and other losses with objective monetary values tied to your claim.
Proving liability in your claim is likely to be complex, but you do not have to worry about demonstrating these elements alone. An attorney from Rose Knows Law may be able to support you in many ways, including establishing liability and holding the responsible parties accountable for your losses.
What Types of Evidence May Help Strengthen My Case?
Dale R. Rose is experienced in identifying and gathering the types of evidence that may help strengthen your motorcycle wreck case. We help gather documentation that may help substantiate the damages you have suffered, including:
- Medical and prescription bills
- Receipts for vehicle and property damage
- Estimated values for non-economic damages, often using industry professional evaluations
- Deposit forms and pay stubs to prove lost wages
- Estimated values for loss of future income
- Other types of evidence that may strengthen your case
We may meet with you to discuss the specific facts of your case and determine which types of evidence are most applicable to your situation. By taking over the duties of gathering evidence, we help lighten the load as you focus on recovering physically and emotionally.
If you have access to any evidence related to your claim, we encourage you to hold onto it, keep it organized, and bring it in for your consultation with us. Anything you are unable to find, we may be able to collect and coordinate.
We also analyze any evidence to determine any additional information that may positively or negatively impact the outcome of your case. By doing this, we avoid any unnecessary surprises and maintain confidence and confidentiality throughout your legal matters.
Who Is Liable for a Motorcycle Collision
Many individuals may be responsible for injuries due to a motorcycle wreck. Depending on the circumstances, any of the following individuals may be liable for your losses:
- Another driver
- Distracting passengers riding any vehicles
- Pedestrians
- City or state government entities
- Employee or employer of the premises
- Renter or owner of the property
- Those responsible for maintenance
- Parts or vehicle manufacturers
Other parties may also be liable for your injuries, though this varies based on the facts of your wreck. However, we encourage you to work with an attorney for support. An attorney from Rose Knows Law may help determine who is liable if multiple people are responsible and hold individuals accountable for their actions and damages.
How a Lawyer May Help in Your Motorcycle Wreck Claim in McKinney
If you have been in a motorcycle collision, especially one resulting in serious injuries, you may consider taking legal action against the responsible parties. However, when you take legal action of any kind, we suggest you work with an attorney with significant experience in your legal needs.
An attorney from Dale R. Rose, PLLC may support you in many ways throughout your legal matters, including but not limited to the following:
- Conduct an independent investigation into the wreck
- Negotiate with every party to recover a satisfactory settlement
- Prepare your case for court
- Collect evidence to prove liability
- Consult with professionals to determine the full scope of your damages
- Review your damages to determine the total value of your claim
- Communicate with the other parties on your behalf
- Organize and present the evidence in order to prove liability and damages
- Quicker delivery of documents from law enforcement and doctors
- Reduce stress related to your claim
Please refrain from representing yourself during legal matters, especially if you have faced severe injuries as a result of your motorcycle wreck. Self-representation may quickly result in reduced compensation for victims, as insurance companies may take advantage of them.
By working with an attorney instead of facing legal matters alone, you may receive maximum compensation, reduce time spent in litigation, lower stress, and decrease the risk of being taken advantage of by insurance companies. Please reach out to us as soon as possible to boost your odds of legal success even more. You may contact Rose Knows Law whenever works for you, though we suggest you reach out to us sooner rather than later.
Contact a Motorcycle Collision Lawyer at Dale R. Rose, PLLC
If you need legal assistance following a motorcycle wreck in McKinney, TX, consider reaching out to the experienced team at Rose Knows Law. With a profound knowledge of personal injury law and a commitment to advocating for victims’ rights, Dale R. Rose brings over 37 years of combined legal experience to your case, ensuring personalized and effective legal representation. A McKinney motorcycle wreck lawyer at Rose Knows Law advocates on each client’s behalf to seek the financial compensation they deserve. We evaluate the particular facts of each person’s case, offer legal strategies, and assist in gathering valuable evidence.
We have recovered over $18 million for clients since 2010, including $135,000 for an injury sustained in a motorcycle collision. You work directly with Dale on all aspects of your case to keep you apprised and involved in the process. Arrange a free consultation by filling out our 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.
