INJURED DUE TO A MOTORCYCLE ACCIDENT?
NO FEE UNLESS YOU COLLECT
- No Upfront Cost – Pay ZERO Fees of Any Kind Until After Your Case Settles
- We Guarantee $$ in Your Pocket Or Waive Our Attorney Fees
- Get Medical Bills & Treatment if Injured in a Motorcycle Accident with $0 Out of Pocket
- And With Our Discounted 29% Contingency Fee, You’ll Get More $$ in Your Pocket Versus the Standard Personal Injury Attorney Fee of 33.3%-35%
FILL OUT THIS FORM TO REQUEST YOUR FREE CONSULTATION NOW
Fast Attorney Response
Seriously Hurt? We’ll Come to You!
I would recommend Mr.Joseph Morrison to my family and friends with good cognition
Not only do we offer the lowest fee, according to TopVerdict.com, our Dallas motorcycle accident attorneys obtained 43 TX “Top 50” personal injury settlements in the last 3 years. We will maximize your compensation, and you will pay ZERO until after your claim settles. Just call (214) INJURED now to talk to an attorney who cares, or use the form or chat feature on this page to request your free consultation.
Top Dallas Motorcycle Accident Lawyers Who Settle For More
YOU CAN TRUST OUR FAMILY TO FIGHT FOR YOURS™
When you’re hurt in a motorcycle accident, our skilled Dallas attorneys fight tenaciously to ensure the maximum available settlement while offering you the lowest contingency fee. We handle your case the way we would want our own case handled.
Mullen & Mullen is consistently recognized by TopVerdict for obtaining some of the largest recoveries in the entire state of Texas. In the last 3 years our firm made the Texas “Top 50 Personal Injury Settlements” list 43 times. One of those years we had 19 of the “Top 50” results and all of them were for clients injured in vehicular accidents. Our stellar results allow us to offer a below industry standard 29% pre-suit contingency fee which means more settlement funds in your pocket.
Our experienced local team has an incredibly strong work ethic and truly cares. We’ve been privileged to serve North Texas for over 40 years. This is our backyard. Call (214) INJURED now for a free consultation and some excellent advice.
A Letter From Our Managing Partner
Mullen & Mullen has skillfully and successfully represented hundreds of injured and/or deceased motorcycle victim clients.
We know all too well that motorcyclists rarely get the benefit of the doubt when involved in a collision. That’s because we’ve all seen the occasional motorcycle operator speeding by in a blur or weaving in and out of traffic with reckless abandon. This creates the unfair stereotype that such practices are normal when, in fact, most motorcyclists are extremely responsible and do everything they can to properly monitor their surroundings given the increased risk of serious injury or death they face.
At Mullen & Mullen, we always take the time to hear the motorcyclist’s side of the story and we give them the benefit of the doubt they deserve. I recall a recent case where our client was seriously injured when a motorist failed to yield the right of way turning left and collided with his motorcycle. He was violently knocked off his bike and slid through the intersection. He’s, frankly, lucky to be alive.
We received the Texas Peace Officer’s Crash Report associated with the incident. We were shocked to learn that – due to conflicting statements – the investigating officer assigned fault to both our client and the operator of the small SUV that collided with him. The investigating officer indicated there were no witnesses to the accident. We believed our client, however, and utilized our in-house investigators to locate two independent witnesses. The witnesses confirmed the motorist did not have a green arrow and had, in fact, failed to yield the right of way.
We didn’t get the police report back, throw up our arms, and give up. We gave our client the benefit of the doubt and developed the evidence necessary to show the other motorist had not been truthful in her statements to the investigating officer – preventing an absolute injustice.
We got to know and like this client. Even though he didn’t have health insurance, we helped him get the high-quality medical attention he needed and deserved. His medical providers delayed billing him so he could focus on recovering from his serious injuries. We were eventually able to recover the full insurance policy limits from the at-fault motorist’s insurance company.
Shane Mullen, Attorney at Law
Motorcycle Accident Attorneys Who Fight for Justice & Maximize Compensation
Motorcycle accidents can have devastating consequences, resulting in severe injuries, significant medical expenses, and emotional trauma. If you or a loved one has been hurt, it’s crucial to seek the assistance of a skilled and experienced motorcycle accident lawyer right away. Our Dallas personal injury law firm is dedicated to advocating for the rights of injury victims and helping them obtain the maximum compensation available.
Why Choose Mullen & Mullen for Your Motorcycle Accident?
A Little About Our Highly Skilled Attorneys
Shane V. Mullen, Managing Partner
Managing Attorney, Shane V. Mullen has been handling motorcycle accident cases for 21 years. He is “Top Rated” by Thompson Reuters who named him as a Texas Super Lawyer 3 consecutive years. Shane is also a lifetime member of both the Million & Multi-Million Dollar Advocates Forums, solidifying his expertise in handling significant cases. He is also an esteemed member of Rue Ratings’ Best Attorneys of America, further attesting to his exceptional legal prowess. Shane brings hard-won, battle born knowledge to your case.
Joseph R. Morrison, Senior Associate
Mullen & Mullen Law Firm holds a distinguished reputation for consistently securing some of the largest personal injury settlements in Texas, year after year.
Our law firm has been in business in Dallas for over 40 years. As confirmed by TopVerdict.com, our team of Dallas accident attorneys represented an impressive 19 out of Texas’s “Top 50” injury settlements in 2021 – and all those results were on motor vehicle injury cases. We achieved a notable placement in the Top 10, with eight settlements in the Top 11-20, and an additional ten settlements in the Top 21-50. This track record – coupled with our discounted contingency fee – empowers us to assert that we can help you recover more on your motorcycle injury claim. Our law office takes immense pride in our fierce advocacy to secure results that reach the full policy limits for our clients without the necessity of costly and time-consuming litigation.
Alex Malcolm said on Google, “I was injured in a motorcycle accident, and Shane Mullen took on my case with determination and empathy. His attention to detail and commitment to my case led to a favorable outcome. I’m grateful for his hard work and highly recommend Mullen & Mullen Law Firm.”
Caleb Tate said: “Attorney Shane Mullen was always honest with me and helped me navigate all the confusion regarding my injury claim. A buddy of mine was recently in a motorcycle accident and I sent him to Shane 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 Mullen has my business.”
Medical Diagnostics & Treatment with Deferred Billing
When it comes to medical diagnostics and treatment, Mullen & Mullen Law Firm has you covered with state-of-the-art resources and a vast network of trusted doctors, chiropractors, and surgeons throughout Dallas and across Texas. Our recommended providers specialize in caring for individuals who have suffered injuries in motor vehicle accidents of all kinds. What sets them apart is their willingness to postpone billing until your case is resolved and their willingness to testify about your injuries if necessary.
It’s essential to recognize that not all healthcare providers have the expertise to effectively assess and identify the full extent of injuries resulting from motorcycle accidents. Professionals who do not regularly treat accident victims may unintentionally overlook significant injuries simply because they lack specialized knowledge in this area. Fortunately, we know medical care providers who routinely treat accident victims and have the experience and expertise to comprehensively evaluate accident-related injuries. These providers know precisely what signs to look for and are dedicated to ensuring that no injury goes unnoticed or untreated. They also know how to properly document injuries and medical causation in the context of a personal injury case.
The insurance adjuster is not your friend. They do not exist to help you recover compensation or to pay you a fair amount of money for your injuries. Their sole purpose is to make money for their company, shareholders, and executives. They strive to delay, reduce, or outright deny your motorcycle accident claim.
Our founder, Attorney Regis Mullen, was once a litigation supervisor for Allstate, and we have former insurance adjusters who now work for us. Our experienced legal team has inside knowledge of all the tactics insurers use to deny and reduce settlements. This allows our Dallas lawyers to provide the best legal strategies available for maximizing motorcycle accident settlements.
Reduced Contingency Fee
Mullen & Mullen Law Firm often saves accident clients thousands or even tens of thousands of dollars in attorney fees with our special offer. The overwhelming majority of personal injury attorneys across the country charge 33.3%, which is taken from your final settlement amount. We only charge 29%, if your case does not require litigation. This 4.3% savings can add up to thousands more in your pocket. For example, on a $500,000 recovery, it would mean you walk away with $21,500 more in your bank account. You keep more of YOUR settlement money.
It’s because of the quality of our results that we can make this special offer. Just mention the discounted rate when you first contact us. Our Dallas motorcycle accident lawyers will explain your legal rights and options. There is never any pressure to hire us. We don’t engage in high-pressure sales tactics.
Motorcycle accidents differ from other motor vehicle accidents due to the unique risks and complexities involved. Motorcyclists are obviously more vulnerable on the road, lacking the protection of an enclosed vehicle. Consequently, injuries sustained in motorcycle accidents tend to be more severe, ranging from broken bones and spinal cord injuries to traumatic brain injuries and even fatalities.
By engaging Mullen & Mullen Law Firm, you gain access to legal professionals who understands the intricacies of motorcycle accident cases. A knowledgeable lawyer will navigate the legal system on your behalf, offering guidance, support, and representation every step of the way.
Our lawyers possess an in-depth knowledge of traffic laws, insurance regulations, and personal injury litigation. We understand how these laws apply specifically to motorcycle accidents, ensuring that your case will be handled with expertise and precision.
Investigation and Evidence
Your dedicated legal team will conduct a thorough investigation into your motorcycle accident, gathering evidence such as accident reports, witness statements, surveillance footage, and medical records. This evidence is crucial for establishing liability, understanding your damages, and building a strong case on your behalf.
Determining who is at fault in a motorcycle accident can be complex. Our Dallas attorneys will analyze the circumstances surrounding your case and identify all responsible parties, such as negligent drivers, road authorities, or manufacturers of faulty motorcycle parts. Holding all appropriate parties accountable is essential for maximizing your chances of receiving the compensation you deserve.
If a fair settlement cannot be reached through negotiation, Mullen & Mullen Law Firm never hesitates to recommend litigation. Our litigators will present your case effectively, utilizing their legal knowledge and persuasive skills to champion your rights.
Support and Guidance
Recovering from a motorcycle accident is not just about physical healing; it also involves emotional recovery and rebuilding your life. At Mullen & Mullen Law Firm, our compassionate team will provide you with the support and guidance you need during this challenging time, ensuring you have the resources to move forward and rebuild your life.
We are committed to providing comprehensive legal representation to motorcycle accident victims.
Mullen & Mullen’s attorneys understand the unique challenges you face and are passionate about securing the compensation you deserve, while also holding negligent parties accountable for their actions.
If you or a loved one has been involved in a motorcycle accident, don’t hesitate to contact our dedicated Dallas-based lawyers. We offer a free consultation to evaluate your case, answer any questions you have, and provide you with all the information you need to make informed decisions about your legal rights. Remember that time is of the essence so reach out to us today, and let our family fight for yours.
Common Injuries Sustained in Motorcycle Accidents
Motorcyclists are particularly vulnerable to injuries due to the lack of protective barriers and the relative exposure to the environment. When involved in accidents, motorcyclists can sustain various types of injuries, ranging from minor to severe.
Here are some typical injuries motorcyclists may experience:
Road rash refers to abrasions and skin injuries that occur when a motorcyclist’s body slides across the pavement. It can range from mild scrapes to deep wounds. Road rash can be painful and may result in infections if not properly treated.
Fractures and Bone Injuries
Motorcycle accidents frequently lead to fractures and broken bones due to the direct impact or the forceful contact with the ground or other vehicles. Common fractures include broken limbs (arms, legs), collarbones, ribs, and facial bones. Severe fractures may require surgery, and the recovery process can be lengthy.
Head injuries are a significant concern for motorcyclists, even if they are wearing helmets. These injuries can range from concussions to more severe traumatic brain injuries (TBIs). TBIs can have long-term consequences, affecting cognitive abilities, memory, coordination, and overall brain function.
Spinal Cord Injuries
Motorcycle accidents can result in spinal cord injuries, which can cause partial or complete paralysis. Damage to the spinal cord may lead to loss of sensation, motor control, and bodily functions below the site of injury. Spinal cord injuries often require lifelong medical care, rehabilitation, and adaptive equipment.
Soft Tissue Injuries
Soft tissue injuries include damage to muscles, ligaments, and tendons. Whiplash, sprains, strains, and torn ligaments are common in motorcycle accidents. These injuries can cause pain, swelling, limited mobility, and may require physical therapy or extensive pain management.
Motorcycle accidents can cause internal injuries, such as internal bleeding, organ damage, or damage to the lungs, liver, or kidneys. Internal injuries may not be immediately apparent and require swift medical attention to prevent further complications.
Emotional and Psychological Trauma
In addition to physical injuries, motorcyclists involved in accidents often experience emotional and psychological trauma. Post-Traumatic Stress Disorder (PTSD), anxiety, depression, and other mental health conditions can develop following an accident. Psychological support and counseling may be necessary for healing and recovery.
The potential long-term consequences of motorcycle accident injuries can be extensive. They may include chronic pain, permanent disability, loss of income and earning capacity, diminished quality of life, and the need for ongoing medical treatment, rehabilitation, and assistive devices. It is crucial for injured motorcyclists to seek comprehensive medical care and consult with an experienced motorcycle accident lawyer to pursue appropriate compensation for their injuries and associated long-term consequences.
Texas Motorcycle Accident Law & FAQ
Do motorcycle accident claims resemble car accident claims?
Yes, they are very similar. The majority of insurance coverage and available damages remain consistent. The liability carrier may be more likely to provider representing contend that you also share the blame for the collision. They may allege excessive speed or absence of a helmet as contributing factors. Hence, establishing strong liability on the part of the at-fault party becomes exceedingly crucial. This aspect alone underscores the necessity of engaging a proficient personal injury attorney.
Are witnesses important to your claim?
Absolutely. This is especially crucial when the insurance company tries to deny liability or suggests that you bear more than 50% of the fault for the accident. It’s essential to identify witnesses and obtain all necessary contact information from them.
To ensure we gather all necessary evidence, our accident investigators will actively search for witnesses to the motorcycle wreck, even if they were not included in the police report. Our investigators have extensive experience thoroughly canvassing accident locations to uncover potential witnesses.
On the other hand, it’s important to note that the insurance company will not simply assume that you were injured. They will demand proof of your injuries. Therefore, it is imperative that you promptly seek medical care as soon as you experience any symptoms related to the motorcycle wreck, no matter how minor they may seem.
Remember: If you delay seeking medical treatment for your injuries after an accident, the insurance company is likely to argue or suggest that your claim involves a “gap in treatment,” indicating a period during which you received no medical care. They often use this gap in treatment to insinuate that your injuries are not genuine.
Who’s at fault in these common types of motorcycle collisions?
Falling down while heading into a curve
The responsibility for this type of accident could lie with you, or it could be attributed to the government entity responsible for maintaining the road. If the road was adequately maintained, the blame will fall on you. If there was a special defect on the road, however, ta government entity or contractor could be held accountable.
A car turns in front of you
This is the most prevalent type of motorcycle accident. Motorists sometimes fail to register the presence of a motorcycle in their mind, likely due to their familiarity with cars, which makes them inattentive to your smaller vehicle. Fault should lie with the driver, although winning your claim is not automatically guaranteed.
Getting hurt while lane-splitting
Lane-splitting is neither explicitly permitted nor outlawed by Texas law. However, many jurors could determine negligence should be apportioned between both parties.
Not wearing a helmet
In this scenario, your fault is likely to increase. Texas follows a “comparative negligence” approach, which means you can recover compensation if you are 50% or less responsible for your injuries. However, if you were not wearing a helmet and it could have reduced or prevented your injuries, your ability to recover a significant amount of compensation could certainly be impacted.
Can I still recover damages for my injuries if the police can’t figure out who was responsible for my motorcycle wreck?
Yes, you can. A jury could deem your account of the accident is more credible, and additional witnesses who are currently unknown might later be discovered. Moreover, an accident reconstructionist could establish liability on the at-fault party by utilizing various calculations, measurements, or data downloaded from the involved vehicles.
Our accident investigators have received specialized training in taking all steps necessary to avoid “swearing match” cases. They swiftly interview witnesses you are aware of and thoroughly canvass nearby businesses or residences for additional witnesses. If the circumstances of your injury claim warrant it, our Dallas motorcycle accident attorneys will engage an expert accident reconstructionist at no up-front cost to you.
Which agencies and/or organizations might hold records related to my collision or the at-fault driver?
Several agencies or organizations could possess relevant documents, depending on the specific details of your motorcycle collision. These include:
- Texas Department of Public Safety;
- United States Department of Transportation;
- Federal Highway Administration;
- Texas Department of Transportation; and
- Texas Transportation Commission.
At Mullen & Mullen Law Firm, we routinely submit records requests to these government entities, among many others. If you decide to retain our services, we will promptly initiate requests for all available documents pertaining to the motorcycle accident you were involved in. Additionally, we will conduct searches for public records associated with the at-fault driver(s).
Filing Liability & First-Party Injury Claims
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.
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 First-Party claims are involved in motorcycle accident injuries?
First-party insurance claims refer to claims filed directly with your own insurance company or the insurance company of the vehicle owner. These claims may include:
PIP (“Personal Injury Protection”) Claims
This type of insurance provides “no-fault” coverage for reimbursing medical expenses and lost wages. You are entitled $2,500.00 in PIP coverage if the first-party insurance carrier cannot produce a signed rejection of this coverage.
This coverage is similar to PIP coverage, but the insurance carrier is entitled to subrogate to any third-party recovery you obtain i.e. ask for MedPay funds to be reimbursed.
UIM Claims (underinsured motorist claims)
To recover UIM damages, you must first obtain a policy-limits offer (or sometimes a near policy limits offer) from the insurance carrier of the at-fault party. You are entitled to this coverage in the amount of $30,000.00 unless the first-party carrier can produce a signed rejection of said coverage. (Remember: You need permission from your insurance company to accept a policy limits settlement offer from the liability carrier; failing to do so could result in denial of coverage under your own policy.)
UM Claims (underinsured motorist claims)
UM Claims (uninsured motorist claims)
A UM claim, also known as an uninsured motorist claim, comes into play if the person who hit you did not have the required insurance mandated by law. (Note: In the case of a “hit-and-run” situation, it is crucial that the at-fault party made actual physical contact with your motorcycle or person if the at-fault vehicle is unknown or unidentified; otherwise, coverage is likely to be denied. In the context of a liability claim, however, no physical contact is necessary. For example, if a driver veered into your lane and you had to lay your bike down to avoid a collision, you can still pursue damages against the negligent driver.)
What are the minimum liability limits in a Dallas motorcycle accident case?
In Texas, motorists must carry at least $30,000 per person / $60,000 per accident bodily injury liability limits. It is not uncommon, however, for the at-fault vehicle to possess significantly higher coverage limits of $250,000 per person / $500,000 per accident or higher.
For instance, if both you and a passenger sustain injuries in the same motorcycle collision and the at-fault driver’s policy limits are $30,000 per person / $60,000 per accident, the insurance policy would only provide a maximum of $30,000 to each individual and a total payout of $60,000 for the liability carrier. This limit applies even if, for example, one of you suffered multiple bone fractures in the accident.
Identifying all available sources of insurance coverage is of utmost importance. To safeguard your legal rights, Mullen & Mullen will promptly file all potential claims (since some first-party policies now have deadlines to notify the carrier) and pursue any additional claims that may be accessible at the onset of your case. Moreover, our firm conducts asset searches on at-fault drivers who possess low liability limits to confirm they do not have assets that could be pursued in addition to the available insurance funds. First-party insurance carriers do their own asset searches before granting permission to accept a liability policy limits offer.
Getting Your Motorcycle Repaired or Replaced in a Timely Manner
Should You Use The Body Shop Recommended By The Insurance Company?
Never. The liability insurance carrier is recommending their body shop for a simple reason: they generally charge the insurance company less for repairs in exchange for a large volume of business. They also do not typically utilize the best available parts or most qualified mechanics.
Instead, exercise your right to choose the repair facility for your motorcycle. Choose either the dealership where you purchased the motorcycle or a qualified service facility you are comfortable with. Take control of the situation by deciding who repairs your bike.
Do you get a rental car?
Yes, but usually only if your motorcycle can be repaired. If your motorcycle has been totaled, then you will likely not be entitled to a rental vehicle from the at-fault party’s insurance carrier. However, you could have rental coverage on your own policy that would be applicable or entitled to a rental until your motorcycle has been deemed a “total loss” by the liability carrier.
Can Mullen & Mullen assist you in obtaining a rental vehicle?
Yes. Mullen & Mullen is happy to 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” if any issues arise.
Can you claim your motorcycle has diminished in value because of the accident?
Absolutely, 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 when warranted.
What 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 insurer, you are entitled to recover the fair market value of your vehicle or damages equal to what similar motorcycles are being sold for on the open market. This is not measured by KBB or NADA.
Establishing Non-Economic Damages
Can you recover non-economic damages, like pain and suffering?
If you were injured in a motorcycle accident, you may also be entitled to the following non-economic damages:
- Past and future pain and suffering;
- Past and future mental anguish;
- Past and future physical impairment; and
- Other non-economic damages.
The damages listed above are not easily quantifiable. Unlike the calculation of medical bill damages, which is straightforward, it is impossible for any lawyer to definitively state the precise amount a jury would grant for the non-economic damages due to the potential variation caused by any number of factors.
In evaluating cases, Mullen & Mullen actively monitors recent verdicts and gives consideration to the importance of venue i.e. where the lawsuit could be filed. Our law firm possesses a 40+ year track record, enabling us to assess cases by considering previous similar instances with comparable injuries. Our attorneys are dedicated to passionately advocating for non-economic damages and will collaborate with you to establish the central theme of your injury claim.
We often prepare and utilize “day in the life videos.” These videos track a client throughout his or her day, demonstrating how the accident has impacted every aspect of life. Additionally, these videos let the insurance adjuster better understand your claimed injuries and limitations as well as evaluate how you would present to a jury.
Proving-Up Economic Damages
Can you recover damages for lost wages?
Yes. It is imperative, however, that these damages be “proved-up” or established by a preponderance of the evidence. Mullen & Mullen Law Firm can provide you with documents to give to your employer to assist you in establishing your lost wages.
Can you recover damages for future lost wages?
Certainly. Such compensation is commonly known as loss of earning capacity. Mullen & Mullen Law Firm frequently retains economists, vocational rehabilitation consultants, or a combination of both, to assist clients in substantiating past lost earnings or projecting future loss of earning capacity.
Are you potentially entitled to any other economic damages?
If you were injured in a motorcycle accident, you might also be entitled to these additional economic damages:
- Past medical expenses (“Reasonable and Necessary”);
- Future medical expenses (“Reasonable and Necessary”);
- Motorcycle repair cost;
- Replacement motorcycle cost; and
- Diminished value to your motorcycle.
Mullen & Mullen’s attorneys utilize certified life care planners on traumatic injury cases when necessary. We front this expense for you to help establish the necessity of life-long accommodations resulting from the injuries you sustained.
Punitive & Exemplary Damages
Exemplary damages, better known as punitive damages, are difficult to obtain but are meant to punish at-fault parties. Punitive damages require a finding of gross negligence or recklessness.
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; or
- Any other situation in which the Defendant was reckless or grossly negligent.
Negotiating a Settlement for Your Motorcycle Accident Injuries
How much is your claim worth?
Be wary 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.
Mullen & Mullen Law Firm offers clients a contingent contract with no attorney fees or expenses owed unless we obtain you a recovery. We are on your team and our primary goal is the same: Obtain the highest possible settlement available.
What factors impact claim value?
Many factors can influence the value of a personal injury claim, including:
- Arguments raised by the insurance adjuster/defense attorney;
- Any gaps in your medical treatment that cannot be explained;
- Comparative negligence;
- Subjective injuries (soft-tissue and sprain/strain) vs. Objective injuries (broken or fractured bones, for example);
- Amount of medical bills incurred;
- The amount of future expected medical bills;
- Liability factors (at-fault motorist was on the phone at the time of the motorcycle wreck, for example);
- Emotional aspects of your story (if the collision caused you to lose your house, for example); and
- Venue (where a lawsuit could be filed)
Will the insurance company argue that you were also negligent?
Yes, they could. Unfortunately, insurance companies are aware that some people often hold biases against bikers and unfairly assume they all engage in speeding. To establish comparative negligence, the insurance company will likely make arguments suggesting that you, in some way or another, were also negligent. They may claim that you were speeding, inattentive, or should have exercised more caution when proceeding through an intersection.
If it is determined that you were indeed negligent in the motorcycle accident, the total damages awarded by the jury would be reduced by the percentage of fault attributed to you. For instance, if a jury awards you $250,000 in damages but determines that 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, that you were not more than 50% at fault.
Will the insurance company dispute the amount of my medical bills?
Yes. Insurance companies employ so-called “independent” doctors (who primarily or only work with automobile insurance companies) to conduct “peer reviews”. These hired guns, along with the insurance adjuster, are likely to contend that some portion of your medical treatment was unnecessary or that your medical bills were unreasonable.
Can you still recover damages if the accident exacerbated a pre-existing injury?
Yes. In Texas, the “Eggshell Plaintiff” doctrine is recognized. In essence, it means that you must accept the plaintiff as they are at the time of the wreck. This means that if a person is more susceptible to injury due to a pre-existing injury or condition, you are still liable for any additional damages that may arise. For instance, you may have had degenerative disc disease that was previously asymptomatic but became painful after the accident. Another example could be a prior injury that you had already recovered from but resurfaced after the accident.
Mullen & Mullen’s lawyers are well-versed in the “Eggshell Plaintiff” doctrine and frequently request prior medical records to provide evidence of the aggravation of injuries caused by a motorcycle accident. Our team of injury lawyers often aids clients in preparing witness fact affidavits from friends and family members detailing how the collision subsequently impacted your life.
Should You Settle or File a Lawsuit?
Whether or not you should accept the insurance company’s final offer is dependent on several factors, including the cost of additional attorney fees and case expenses associated with the litigation.
Mullen & Mullen Law Firm will advise you the same way we would a good friend or family member. Our Dallas personal injury attorneys always recommend the best course of action for our clients. The best choice is ultimately the one that will put the highest amount of money in your pocket when factoring risk vs. reward. The final decision, however, is always completely yours to make.
What generally happens if a lawsuit is filed?
When a lawsuit is filed, several things typically occur:
- Legal fees experience a significant increase.
- Case expenses also undergo a significant increase.
- The process usually spans 9-12 months if the case settles before trial but could last years if a trial becomes necessary.
- You are generally required to answer written discovery questions, participate in a deposition, and attend a court-ordered mediation.
Bias Against Motorcycle Drivers & Comparative Negligence
Are insurance adjusters or jurors biased against motorcycle drivers?
Absolutely. Some insurance adjusters and 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 or not?
Yes. Insurance adjusters will argue and/or a jury could determine that 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.
Contact Us for a Free Consultation
Call (214) INJURED to talk to a Dallas motorcycle accident attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
FILL OUT THIS FORM TO REQUEST YOUR FREE CONSULTATION NOW
Fast Attorney Response
Mullen & Mullen Law Firm
1825 Market Center Blvd #200
Dallas, TX 75207
Seriously Hurt? We’ll Come to You!
Local Support Groups and Rehab Centers
Here are some potential local support groups and rehabilitation centers in Dallas that may cater to individuals who have been injured in motorcycle accidents. It’s important to note that availability and specific services may vary, so it’s advisable to research and contact these organizations for the most up-to-date information.
Baylor Institute for Rehabilitation
Description: Offers a wide range of rehabilitation services, including physical therapy, occupational therapy, and speech therapy, to aid in recovery from motorcycle accident injuries.
Texas Rehabilitation Hospital of Arlington
Description: Provides specialized inpatient rehabilitation services for individuals recovering from serious injuries, including those sustained in motorcycle accidents.
Dallas Rehabilitation Institute
Description: Offers comprehensive rehabilitation services for individuals recovering from injuries, including physical therapy, occupational therapy, and speech therapy.
Texas Health Resources
Description: A healthcare system that operates multiple hospitals and rehabilitation centers in the Dallas area, providing various medical and rehabilitation services.
North Texas Rehab Center
Description: Provides a range of rehabilitative services, including physical therapy and occupational therapy, to individuals recovering from injuries sustained in accidents.
Methodist Rehabilitation Hospital
Description: Offers specialized inpatient rehabilitation programs designed to help individuals regain independence and recover from serious injuries, including those resulting from motorcycle accidents.
Baylor Scott & White Institute for Rehabilitation
Description: Operates rehabilitation hospitals and outpatient centers throughout the Dallas-Fort Worth area, providing a wide range of rehabilitative services for individuals with various injuries.
Please note that this is not an exhaustive list, and there may be other organizations and facilities in Dallas that cater to individuals injured in motorcycle accidents. It’s recommended to conduct further research, reach out to local hospitals, and consult with medical professionals or a motorcycle accident lawyer for personalized recommendations and guidance.
Joseph R. Morrison is the Senior Associate Attorney at Mullen & Mullen Law Firm in Dallas, TX, where he represents people personally injured due to the negligence of others. He was recognized by VerdictSearch for obtaining a Top 5 Premises Liability verdict in the State of Texas, and has been quoted in the ABA Journal.