Topic: Filing a Texas Motorcycle Accident Injury Claim – Call (214) 747-5240 for Help Now!

If You’ve Been Injured Our Dallas Motorcycle Accident Lawyers Can Help


Dallas motorcycle accident lawyersChoosing the right Dallas motorcycle accident lawyer to represent you for the injuries you sustained is critical. Our attorneys in Dallas, Plano, Frisco, and Fort Worth will go to battle with insurance companies for your rights. We’ve been doing it for 35 years.

Our lawyers have represented hundreds of motorcycle accident injury victims. We have the experience, legal knowledge, and financial stability necessary to go to war with the at fault party’s insurance company.

Most motorcycle wrecks involve significant injuries and damages. Motorcycle drivers and passengers are less protected than those driving an automobile. In Texas motorcycle injury accident claims, it is imperative that you seek legal counsel to aid you in recovering from your injuries and developing your case. There is no way you can anticipate your needs like we can.

An insurance company is not your friend if you were injured in a motorcycle accident.

They don’t exist to help you recover. They don’t exist to pay you a fair amount of money for your injuries, pain, and suffering. They exist solely to make money for their shareholders and executives. To that end, they often delay and deny Texas motorcycle accident injury claims.

A buddy of mine was recently in a motorcycle accident and I sent him to Shane Mullen because he doesn’t make a promise he cannot keep. I give him an A+ as a personal injury attorney and would recommend him to anyone. The other guys may have the television ads but Shane has my business. -Caleb Tate, Read full review here.

Call (214) 747-5240 now to speak to a Dallas motorcycle accident attorney about your injury claim. There is no reason not to, because there is never a fee unless we obtain a financial settlement for you. See our offer for a discounted contingency fee.

Frequently Asked Questions about Texas Motorcycle Accident Injury Claims

Below you will find the most frequently asked questions our Dallas motorcycle accident lawyers are asked, along with general information outlining the typical progression of a Texas motorcycle accident injury claim. Just click on a link to jump to that section.

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Texas Motorcycle Accident Injury Claims in General

Are motorcycle accident injury claims similar to car accident injury claims?

They are very similar. Most insurance coverage and available damages will be the same. After reviewing this Practice Area we also suggest you click on the car accidents page for more information.

Dallas motorcycle accident attorneys

How Can Our Dallas Motorcycle Accident Attorneys Help?

In most Texas motorcycle accident injury claims, the at-faulty party’s insurance carrier will attempt to argue that you were also at-fault for the collision. They can suggest you were speeding, or not wearing a helmet. It is very important, therefore, that liability on the at-fault party be strongly established.

Our Dallas motorcycle accident lawyers have a full-time accident investigator to investigate client accidents.

Mike will request a copy of the police report (if one exists), contact potential witnesses (if contact information is already available, canvass for potential witnesses (if no witnesses have been identified), and perform an extensive search on the driver and/or company responsible for your motorcycle accident injuries.

Remember: Even though car accident claims and motorcycle claims are very similar, we have found that insurance companies are often biased against bikers.

What should you do right after a motorcycle accident?

Get out of the road and off to the side to check for injuries and to verify you do not have a life-threatening injury. Make sure the other driver is safe and contact 911. Specifically request that police be sent to the scene. If you are experiencing any pain or discomfort whatsoever inform the investigating officer(s). Of course, if you suffered a substantial and immediate injury, let the 911 operator know.

Should you move your motorcycle from the scene of the wreck?

Before moving your motorcycle or allowing the at-fault driver(s) to move their automobile(s), you should take a bunch of photographs of the scene of the motorcycle wreck.

Important: Don’t allow any involved vehicles to be moved until the police investigate the scene.

If that is impossible, make sure you to take lots of pictures of the scene before the vehicles are moved.

Should You Call Police to the Scene?

Texas motorcycle accident injury claim

Preferably. The results of the cop’s investigation of the motorcycle collision will be written down in a Texas Peace Officer’s Crash Report. This Police Report can greatly aid in the determination of who was at-fault for the wreck in question.

Remember: If the police refuse to come to the scene of the motorcycle wreck be sure to get the following from the at-fault driver: name, address, driver’s license number, date of birth, liability insurance carrier, and policy number.

Are Witnesses Important to Your Motorcycle Accident Claim?

Yes. Especially if the insurance company attempts to deny liability on your claim or suggests you were more than 50% at fault for the wreck. You must remember to ask witnesses to provide a date of birth and driver’s license number in addition to his or her name, address, and telephone number.

How Our Dallas Motorcycle Lawyers Can Help

Our accident investigator will seek to locate witnesses to the motorcycle wreck even if the witness has not been included in the police report. Our investigator has experience in canvassing accident locations to discover possible witnesses.

The insurance company will just assume I was injured if I was involved in a motorcycle accident right?

No. They will not just assume you were injured. They will make you prove you were injured. It is imperative that you seek medical care as soon as you first experience any symptoms whatsoever that you attribute to the motorcycle wreck.

Important: If you delay seeking medical treatment for your injuries the insurance company is likely to argue or suggest that your claim involves a “gap in treatment” – or period of time where you received no medical treatment. They often use a gap in treatment to suggest you were not really injured.

If the police can’t figure out who was responsible for the motorcycle accident can I still recover damages for my injuries?

Yes.  A jury could determine your version of the accident is more credible. Unknown witnesses might be discovered. An accident Reconstructionist could establish liability on the at-fault party through the use of various calculations and measurements.

How Our Dallas Motorcycle Accident Attorneys Can Help

Our accident investigator has been trained to develop “swearing match” cases. Witnesses you know of can be quickly interviewed and various businesses or homes near the accident site can be canvassed to determine if anyone witnessed the wreck. Our Dallas motorcycle accident lawyers can retain an accident Reconstructionist expert if necessary at no up-front cost to you, if warranted by the circumstances of your injury claim.

What agencies and/or organizations might have records relating to my motorcycle accident, or At-Fault Driver?

Depending on the facts and circumstances of your motorcycle collision the following agencies or organizations could be in possession of various documents that could be helpful:

How Can Our Dallas Motorcycle Lawyers Can Help?

Our attorneys in Dallas, Plano, Frisco, and Fort Worth regularly submit records requests to the government entities above any many others. If you hire us we quickly request all available documents arising from the motorcycle wreck you were involved in as well as searching for public documents linked to the at-fault driver(s).

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Filing Liability & First-Party Injury Claims at the Onset of Your Motorcycle Accident

What is a liability claim?

You file a liability insurance claim with the carrier for the at-fault party, i.e. the operator of the motor vehicle that hit you.

Remember: If the driver of the automobile that hit you did not have a driver’s license you may be able to file a claim against them for negligently entrusting said vehicle to an unlicensed or incompetent driver. In addition, if the at-fault party was in the course and scope of his or her employment you can file a liability claim against that person’s employer under the recognized doctrine of Respondeat Superior.

What claims are First-Party in a motorcycle accident injury?

First-party insurance claims are those filed with your own insurance company and/or the insurance company for the owner of the vehicle you were operating. They could include:

  • PIP (“Personal Injury Protection”) Claims: This is “no-fault” insurance to reimburse you for medical bills and/or lost wages. (Remember: PIP coverage of $2,500.00 must be afforded to you unless your insurance company can produce a signed document showing you waived this coverage.); and
  • MedPay Claims: Similar to PIP claims, but the insurance carrier is entitled to an offset if you recover against a third-party;
  • UIM Claims (underinsured motorist claims):  To recover UIM damages you will first need to obtain a policy-limits offer from the at-fault party’s insurance carrier. You are entitled to this coverage in the amount of $30,000.00 unless your insurance can produce a signed document showing you waived this coverage. (Remember: You must get permission from your insurance company to accept a policy limits settlement offer from the liability carrier. Failure to do so could result in a denial of coverage under your own policy of insurance.)
  • UM  Claims: A UM claim is also known as an uninsured motorist claim. This coverage is applicable if the person that hit you did not carry insurance as required by law. (Remember: If you were involved in a “hit-and-run” it is imperative that the at-fault party made actual physical contact with your motorcycle or person – otherwise coverage will likely be denied. In the context of a liability claim, however, no actual physical contact is necessary. If a driver came into your lane, for example, and you laid your bike down to avoid being hit you could still pursue the negligent driver for damages.)

What are the minimum liability limits involved in a Texas motorcycle accident injury claim?

motorcycle accident injury claim lawyers Dallas, TX

Texas law requires motorists to carry at least $30,000 per person / $60,000 per accident liability limits. Many times the at-fault vehicle will have significantly higher coverage limits of $250,000 per person / $500,000 per accident or higher.

Example: If you and a passenger were both injured in the same motorcycle collision and the at-fault driver’s policy limits are $30,000 per person / $60,000 per accident the most you or your passenger could get a piece under the insurance policy is $30,000 and the most the liability carrier would have to pay out in total is $60,000 – even if, for example, one of you broke several bones in the wreck.

How Can Our Dallas Motorcycle Accident Lawyers Help?

It is exceedingly important to identify all sources of available insurance coverage. Our attorneys will file all available claims or potentially available claims at the onset of your case to protect your legal rights. In addition, our firm performs asset searches on at-fault drivers with low liability limits who may have assets that could be acquired in addition to the available insurance monies.

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Getting Your Motorcycle Repaired or Replaced in a Timely Manner

Should you take your motorcycle to the body shop recommended by the at-fault driver’s insurance company?

Never. The body shop recommended by the liability insurance carrier is being recommended for a reason. They generally charge the insurance company less for repairs or do not utilize the best available parts or have the most qualified mechanics. The liability insurance company wants the property damage to be as low as possible so they can argue later that you were not injured. (The Property Damage Denial: “There was only $750.00 in damage to the motorcycle. How could you be injured?) Take your motorcycle to the dealership where you purchased it or a qualified service facility of your own choosing. You get to pick who repairs your vehicle.

Do you get a rental car if you are involved in a motorcycle accident?

Yes, but usually only if your motorcycle can be repaired. If your bike has been totaled you likely will not be entitled to a rental vehicle from the at-fault party’s insurance carrier but you could have rental coverage on your own policy that would be applicable.

Can we assist you in obtaining a rental car?

Yes, we routinely assist clients in obtaining a rental car while the liability carrier for the at-faulty party is determining whether your motorcycle is a “total loss”.

Can you claim your motorcycle has diminished in value because of the collision?

Yes, but this usually requires obtaining an expert to establish the amount of diminished value. We routinely advance money to clients to help establish diminished value if the diminished value is significant.

What can you recover if your motorcycle has been totaled?

If your motorcycle is deemed a “total loss” by the at-fault party’s insurance carrier or your own insurance carrier you are entitled to recover the fair market value of your vehicle or damages equal to what like and similar motorcycles are being sold for in the open market. This is not measured by KBB or NADA.

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Getting a Law Loan Against Your Motorcycle Accident Injury Claim

Can you take a loan out with a company by assigning them an interest in your settlement proceeds?

Yes. Our Dallas motorcycle accident lawyers advise clients to avoid these loans if possible, especially from law loan companies who do not cap the amount of interest monies a person might be required to pay eventually.

How Can Our Dallas Motorcycle Accident Attorneys Help?

We direct clients to a new law loan company that charges a flat fee to obtain a loan, which in the past has saved some of our clients thousands of dollars. This company, however, generally requires you to be represented by counsel to obtain a loan.

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Assistance Obtaining Necessary Medical Treatment after a Motorcycle Accident Injury

Should you go to the emergency room if you have any pain whatsoever after being involved in a motorcycle accident?

Yes. Play it safe and get checked out. It is important that your onset of pain be documented and if you don’t go to the hospital the insurance adjuster assigned to your claim is likely to argue you weren’t that hurt if you don’t go to the emergency room.

What sort of injuries could you have sustained in the motorcycle wreck?

We have noticed that injuries to the spine are fairly typical in Texas motorcycle accident injury claims. These spine injuries can be soft tissue type injuries or more serious in nature such as a herniated disc or protruding disc. Of course, road rash injuries, cuts, and lacerations are also common. Other frequent injuries we have observed include:

  • Broken or fractured bones;
  • Lumbar (low back) injury requiring fusion or discectomy;
  • Cervical (neck) injury requiring fusion or discectomy;
  • Broken ribs;
  • Torn muscles in the knee;
  • Torn rotator cuffs; and
  • Concussions.

Can you get medical treatment even if you don’t have health insurance or can’t afford to pay your deductible because it is too high?

Some medical providers specialize in treating motorcycle and car accident victims and delay billing for services until the conclusion of an injury claim.

How Can Our Dallas Motorcycle Accident Lawyers Help?

Whether you need surgery, physical therapy, injections, imaging studies, chiropractic care, pain management, or other medical services our Dallas motorcycle accident injury attorneys can assist in locating a doctor, orthopedic, surgeon, chiropractor, or facility to provide services to you. These medical providers will delay payment until the conclusion of your injury claim so that you have no out-of-pocket expenses while you are recovering.

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Proving-Up Economic Damages in a Texas Motorcycle Accident Injury Claim

Can you recover damages for money you lost because you couldn’t work following the motorcycle accident?

Yes. It is imperative, however, that these damages be “proved-up” or established by a preponderance of the evidence. Our lawyers can provide you with documents to give to your employer to assist you in establishing your lost wages.

Can you recover damages for wages you will lose in the future due to the injuries sustained in the motorcycle accident?

Yes. These damages are referred to as Loss of earning capacity. Our lawyers often retain Economists, Vocational Rehabilitation Consultants, or both to help clients establish lost earnings from the past and loss of earning capacity in the future.

Are you potentially entitled to other economic damages as a result of the motorcycle accident?

If you were injured you might also be entitled to these additional economic damages:

  • Past medical expenses (“Reasonable and Necessary”);
  • Future medical expenses (“Reasonable and Necessary”);

Our attorneys utilize Life Care Planners on traumatic injury cases when necessary. We front this expense for you to help establish the necessity of life-long accommodations as a result of the injuries sustained in a motorcycle wreck.

  • Motorcycle repair cost;
  • Replacement motorcycle cost; and
  • Diminished value to your motorcycle.

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Establishing Non-Economic Damages Like Pain & Suffering in a Texas Motorycle Accident Injury Claim

Can you recover non-economic damages for your motorcycle accident injuries in Texas?

If you were injured you may be entitled to the following damages:

  • Past and future pain and suffering;
  • Past and future mental anguish;
  • Past and future physical impairment; and
  • Loss of consortium.

Remember: The above damages are not easily quantifiable. You never know what kind of jury you might get. Unlike damages for your medical bills (which are easy to calculate) no lawyer can absolutely state what a jury would award for the above damages as it could differ wildly based on several factors.

How Can Our Dallas Motorcycle Accident Attorneys Help?

Our lawyers monitor recent verdicts to use in evaluating cases. Even more importantly, our firm has 35 years of past results that allow us to evaluate cases in light of prior similar cases with similar injuries. Our Dallas motorcycle accident lawyers will zealously advocate for non-economic damages and will work with you to develop the theme of your injury claim.

On motorcycle accident injury claims we often prepare and utilize “day in the life videos”.

These videos track a client throughout his or her day, demonstrating how the collision has impacted every aspect of life. These videos let the insurance adjuster better understand your claimed injuries and limitations.

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Punitive & Exemplary Damages in a Texas Motorcycle Accident Injury Claim

What are exemplary damages in Texas accident injury claims?

Exemplary damages, better known as punitive damages, are difficult to obtain but are meant to punish at-fault parties. They require a finding of gross negligence or recklessness.

In a Texas motorcycle accident injury claim when might punitive damages be recoverable?

Some situations where punitive damages could be argued and/or awarded include:

  • If the Defendant was drinking and driving and/or intoxicated;
  • If the Defendant hadn’t slept for an extended period of time;
  • If the Defendant was on his cell phone and excessively speeding;
  • If the Defendant was racing another vehicle; and
  • Any other situation in which the Defendant was reckless or grossly negligent.

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Negotiating a Texas Motorcycle Accident Injury Claim Settlement

Here’s What Our Dallas Motorcycle Accident Lawyers Guarantee

We will fight passionately for you. There’s a reason we’ve been helping injured motorcycle victims for 35 years. We get results. Due to the results we obtain we are fortunate to have the majority of our new clients referred to us by former satisfied clients.

How much is my Texas motorcycle accident injury claim “worth”?

Be weary of injury attorneys who immediately try to guarantee you results or tell you what your case is “worth.” Case value is dictated by several factors, including arguments raised by the insurance adjuster.

One of our Dallas motorcycle accident lawyers will personally analyze each and every case in the office and review the settlement proposal submitted to the insurance company(ies) on your behalf.

Remember: We offer clients a contingent contract with no attorney fees due unless we obtain you a recovery. We are on your team and our primary goal is the same: Obtain the highest possible settlement we can for you.

What factors impact Texas motorcycle accident injury claim values?

Many factors can influence the value of an injury cliam. They include some of the following:

  • Arguments raised by the insurance adjuster / defense attorney;
  • Gaps in medical treatment;
  • Comparative negligence;
  • Subjective injuries (soft-tissue and sprain/strain) vs. Objective injuries (broken or fractured bones);
  • Amount of medical bills incurred;
  • The amount of future expected medical bills;
  • Liability factors (Defendant on telephone at time of motorcycle wreck, for example); and
  • Emotional aspects of your story (For example, if collision caused you to lose your house).

Is the insurance company likely to argue you were also negligent in a Texas motorcycle accident in jury claim?

If they can they will. Insurance companies know people often have bias against bikers and just assume they all speed. The insurance company is likely to argue somehow someway you were also negligent – called comparative negligence. They can say you were speeding… were inattentive… should have proceeded through an intersection more carefully.

Remember: If you are also determined to have been negligent in the accident your percentage of fault will be deducted from the total damages awarded. For example, if a jury awarded you $250,000 in damages but determined you were 40% at fault the final verdict would be adjusted to $150,000.

Can you recover damages if you are 60% responsible for the motorcycle collision?

No. You can only recover damages if it is argued or a jury determines you were not more than 50.0% at fault.

The insurance company won’t fight the amount of my medical bills in a motorcycle accident injury claim right?

Wrong. Insurance companies offer retain “independent” doctors (who just happen to mostly work with insurance companies) to perform peer reviews. These hired guns, or the insurance adjuster, will likely argue at least some portion of your medical treatment was unnecessary or at least some portion of your medical bills were unreasonable.

If you injured your back in a Texas motorcycle accident but previously had an injury to your back can you still recover damages?

Yes. Texas recognizes the “Eggshell Plaintiff” doctrine. In short, you take the Plaintiff as he or she is meaning if a person is more susceptible to injury due to some other injury or condition you are still responsible for additional damages that might result. For example, you could have degenerative disc disease that was asymptomatic before the accident but became painful after the wreck. Another example would be a prior injury that you had recovered from but reappeared after the accident.

How Can Our Dallas Motorcycle Accident Attorneys Help?

We are familiar with the “Eggshell Plaintiff” doctrine and often request prior medical records to demonstrate injuries were aggravated by a motorcycle wreck. Our injury lawyers often assist clients with preparation of witness fact affidavits from friends and family members detailing how the collision at issue subsequently impacted your life.

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Should You Settle a Motorycle Accident Injury Claim or File Suit

Should you settle your Texas motorcycle accident injury claim or file a lawsuit?

Whether to accept the insurance company’s final offer is dependent on several factors, including additional attorney fees and case expenses associated with the filing of a lawsuit.

Here’s What Our Dallas Motorcycle Accident Lawyers Guarantee

We will advise you the same way we would a good friend or family member. We will recommend the course of action that is best for YOU. Your injury attorney will undoubtedly recommend the course of action that will put the most amount of money in your pocket. The final decision, however, is completely yours to make.

What generally happens if a lawsuit is filed in a Texas motorcycle accident injury claim?

Litigation entails several things:

  • Lawyer fees generally increase;
  • Expenses on your case generally significantly increase;
  • You begin a process that generally lasts 6-9 months if the case settles or – possibly – over a year if a trial is necessary; and
  • You must typically assist in answering written questions, participate in a deposition, and attend a mediation session.

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Bias Against Motorcycle Drivers & Comparative Negligence in Texas Motorcycle Accident Injury Claims

Can insurance adjusters or jurors potentially be biased against motorcycle drivers?

Absolutely. Some insurance adjusters and some jurors may have a natural tendency to associate all bikers with those they have seen flying down the highway. It is important, therefore, to make sure evidence is developed demonstrating you were following the rules of the road and operating your motorcycle in a safe and reasonable manner.

Does it matter if you were wearing a helmet in a Texas motorcycle accident injury claim?

Yes. Insurance adjusters could argue and/or a jury could determine you were comparatively negligent for not wearing a helmet. The insurance company will undoubtedly suggest your injuries were made worse because you didn’t follow the law and wear a helmet.

Experienced Dallas Motorcycle Accident Attorneys – 35 Years

We have offices in Dallas, Plano, Frisco, and Fort Worth. Our lawyers have the experience to handle your injury claim and will fight for your rights. As a matter of fact, we have more than 70 years of combined experience.

Dallas motorcycle accident injury attorneys for Texas claimsMotorcycle accident injury consultations are always free and we even have a discounted attorney contingency fee of only 28%.

There is never a fee unless we obtain a financial settlement for you. Our attorneys also offer a discounted 28% contingency fee on cases that don’t require litigation when you mention this ad upon hiring us. Most motorcycle accident injury lawyers charge 33.3%. Our special offer could put thousands more in your pocket instead of a lawyer’s.

Contact us now at (214) 747-5240 for a free case evaluation.