SECURING JUSTICE AND OPTIMAL FINANCIAL RECOVERY
The aftermath of a motorcycle crash often involves profound impacts, including serious injuries, steep healthcare costs, and considerable emotional distress. In the face of such adversity, it’s essential to enlist the support of a proficient and seasoned motorcycle crash attorney promptly. Our law office in Fort Worth specializes in representing individuals who have suffered injuries, tirelessly working to safeguard their rights and ensure they receive the fullest compensation possible.
MOTORCYCLE ACCIDENT TESTIMONIALS
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.”
ACCESS TO ADVANCED MEDICAL DIAGNOSTICS AND TREATMENT WITH DELAYED PAYMENT OPTIONS
Mullen & Mullen Law Firm provides access to cutting-edge medical diagnostics and treatments, collaborating with a broad spectrum of reputable medical professionals across Fort Worth and Texas. Our network includes doctors, chiropractors, and surgeons proficient in treating injuries from all types of motor vehicle accidents. A unique benefit offered by our recommended medical providers is their commitment to defer payment until your legal case concludes and their readiness to provide testimony regarding your injuries when necessary.
It’s critical to understand that not every healthcare provider possesses the specialized expertise required to accurately diagnose and treat the complex injuries that can result from motorcycle accidents. Without regular engagement with accident victims, some professionals may miss significant injuries due to a lack of specific knowledge. We connect you with healthcare providers experienced in managing accident injuries, ensuring a thorough assessment and treatment of all injuries. These experts are skilled in identifying critical signs, ensuring comprehensive care, and meticulously documenting injuries for legal purposes.
EXPERT INSURANCE NEGOTIATION SUPPORT
Insurance company adjusters aim to protect their company’s interests, often employing strategies to minimize or deny valid motorcycle accident claims. With Mullen & Mullen Law Firm, you gain an ally with unique insights into insurance company tactics. Our founder, Attorney Regis Mullen, has direct experience as a litigation supervisor for Allstate, and our team includes former insurance adjusters. This insider knowledge equips our Dallas legal team with the strategies to counteract attempts to undermine your claim, optimizing your settlement outcomes.
DISCOUNTED LEGAL FEES FOR GREATER SAVINGS
Mullen & Mullen stands out by offering a reduced contingency fee, potentially saving you significantly in legal costs compared to the standard rate of 33.3% charged by most personal injury attorneys. Our rate is only 29% if litigation is not necessary, translating into substantial savings. For instance, on a $500,000 settlement, our policy could increase your take-home amount by an additional $21,500. This discount reflects our commitment to delivering exceptional results and is available upon initial contact, with no obligation or pressure to engage our services. Our team prioritizes your understanding of legal rights and options, ensuring a transparent and pressure-free experience.
MOTORCYCLE ACCIDENT LEGAL EXPERTISE
Motorcycle accidents stand apart from other vehicular accidents due to their distinct risks and complexities. The exposed nature of motorcyclists means they face greater danger on the roads, lacking the protective shell of a car. This often results in injuries that are more severe, including fractures, spinal injuries, brain trauma, and fatalities.
Choosing Mullen & Mullen Law Firm means you’re backed by legal experts who are deeply familiar with the nuances of motorcycle accident claims. Our skilled attorneys will guide you through the legal maze, providing support, advice, and representation at every turn.
Our team has a comprehensive understanding of the laws governing traffic, insurance, and personal injury claims as they pertain to motorcycle accidents. This ensures your case is managed with the utmost precision and expertise.
INVESTIGATION AND EVIDENCE GATHERING
We commit to an exhaustive investigation of your motorcycle accident, compiling crucial evidence like accident scene reports, witness accounts, surveillance videos, and medical documentation. This step is vital for pinpointing liability, comprehending the extent of your damages, and forging a robust case in your favor.
IDENTIFYING FAULT
Pinpointing responsibility in a motorcycle accident involves a detailed examination of the incident. Our attorneys in Fort Worth will sift through the details of your case to identify all liable parties, whether they are reckless drivers, road maintenance bodies, or manufacturers of defective motorcycle components. Ensuring accountability from all relevant parties is crucial for securing the compensation you rightly deserve.
LITIGATION AND REPRESENTATION
Should negotiations not yield a satisfactory settlement, Mullen & Mullen is ready to escalate to litigation. Our adept litigators will advocate for you in court, leveraging their legal acumen and persuasive prowess to uphold your rights.
COMPREHENSIVE SUPPORT AND GUIDANCE
Recovery from a motorcycle accident encompasses both physical recuperation and emotional resilience. The team at Mullen & Mullen offers the empathetic support and guidance you need during this difficult period, helping you access necessary resources to rebuild your life. We’re dedicated to delivering all-encompassing legal representation for victims of motorcycle accidents.
Our attorneys are not only aware of the unique challenges faced by motorcycle accident victims but are also driven to ensure you receive rightful compensation and that negligent parties are held accountable.
If you or someone close to you has suffered in a motorcycle accident, reach out to our devoted lawyers in Fort Worth without delay. We provide a complimentary consultation to assess your situation, answer your queries, and equip you with the knowledge needed to make informed legal choices. Time is critical, so contact us today to let our family stand up for yours.
TYPICAL INJURIES FROM MOTORCYCLE CRASHES
Motorcyclists face a higher risk of injury in accidents due to their exposure and the lack of protective barriers. The injuries they might incur can vary widely in severity.
Below are common injuries that motorcyclists might suffer:
Road Rash
This injury is caused by sliding across the pavement, leading to skin abrasions that can range from mild to severe. Without proper care, road rash can be excruciating and may lead to infections.
Bone Fractures
The impact of motorcycle crashes often results in broken bones or fractures, including injuries to arms, legs, collarbones, ribs, and facial bones. These injuries can be severe, sometimes requiring surgery and a long recovery period.
Head Injuries
Despite helmet use, motorcyclists can still suffer head injuries, from mild concussions to serious traumatic brain injuries (TBIs), which may affect cognitive functions, memory, and overall brain health.
Spinal Cord Injuries
These injuries can be devastating, potentially causing partial or complete paralysis, loss of sensation, and loss of motor function below the injury site. Spinal cord damage often necessitates lifelong care and rehabilitation.
Soft Tissue Injuries
Injuries to muscles, ligaments, and tendons, such as whiplash, sprains, strains, and tears, are common. They can lead to pain, swelling, and reduced mobility, requiring physical therapy or significant pain management.
Internal Injuries
Crashes can lead to serious internal damage, including bleeding, organ damage, and injuries to the lungs, liver, or kidneys. These injuries demand immediate medical attention to avoid severe complications.
Emotional And Psychological Impact
Beyond physical injuries, accidents can cause significant emotional and psychological distress, such as PTSD, anxiety, depression, necessitating psychological support for recovery.
Motorcycle accident injuries can lead to chronic pain, permanent disability, financial strain due to lost income and medical expenses, reduced quality of life, and the need for ongoing medical care. It’s crucial for victims to receive comprehensive medical attention and consult with a qualified motorcycle accident attorney to seek compensation for their injuries and the long-term effects they may face.
TEXAS MOTORCYCLE ACCIDENT LAW FAQ
Are Motorcycle Accident Claims Similar To Car Accident Claims?
Yes, they share many similarities. Most aspects of insurance coverage and available damages remain consistent. However, when it comes to liability, the insurer representing the other party may be more inclined to argue that you also share blame for the accident. They might point to factors like excessive speed or the absence of a helmet as contributing factors. Consequently, establishing strong liability on the part of the at-fault party becomes crucial. This underscores the importance of retaining an experienced personal injury attorney.
Is The Presence Of Witnesses Crucial To Your Claim?
Absolutely. This is particularly critical when the insurance company attempts to dispute liability or suggests that you bear more than 50% of the fault for the accident. Identifying witnesses and collecting their contact information is essential.
To ensure we gather all necessary evidence, our accident investigators actively search for witnesses to the motorcycle accident, even if they weren’t mentioned in the police report. Our investigators possess extensive experience thoroughly canvassing accident sites to uncover potential witnesses.
On the other hand, it’s crucial to note that the insurance company won’t automatically assume you were injured. They will demand evidence of your injuries. Therefore, it is imperative that you seek medical care promptly if you experience any symptoms related to the motorcycle accident, regardless of how minor they may appear.
Remember: If you delay seeking medical treatment for your injuries after an accident, the insurance company is likely to argue or imply that your claim has a “gap in treatment,” indicating a period during which you received no medical care. This is often used to suggest that your injuries are not genuine.
Who’s At Fault In Common Types Of Motorcycle Collisions?
Falling while entering a curve
Responsibility for this type of accident could rest with you, or it could be attributed to the government entity responsible for maintaining the road. If the road was properly maintained, the fault may fall on you. However, if there was a specific road defect, a government entity or contractor could be held accountable.
A car turns in front of you
This is the most frequent type of motorcycle accident. Drivers sometimes fail to notice motorcycles due to their familiarity with larger vehicles. Fault should generally lie with the driver, but winning your claim is not guaranteed.
Injury while lane-splitting
Lane-splitting is neither explicitly permitted nor prohibited by Texas law. However, many jurors might assign negligence to both parties.
Not wearing a helmet
In this scenario, your fault is likely to increase. Texas follows a “comparative negligence” approach, meaning 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 be impacted.
Can I Still Receive Compensation For My Injuries If The Identity Of The Person Responsible For My Motorcycle Accident Is Unknown?
Yes, it’s still possible to seek compensation for your injuries even if the police are unable to identify who caused your motorcycle accident. Your own testimony may be found more persuasive by a jury, and it’s possible that witnesses who have not yet come forward could provide further evidence. Additionally, an expert in accident reconstruction might be able to determine the responsible party using technical analysis, measurements, or data retrieved from the vehicles involved.
Our team of investigators at Mullen & Mullen Law Firm is trained to handle cases efficiently to prevent them from becoming disputes based solely on conflicting statements. They quickly interview known witnesses and search for others by checking with local businesses or residents. If needed, our firm in Dallas will bring in a specialist in accident reconstruction without requiring any initial payment from you.
Should you need records related to your accident or the person at fault, several organizations might hold important information. These organizations can 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, we frequently request records from these and other agencies. By choosing our services, we will expedite the process of obtaining all relevant documents concerning your motorcycle accident and any information on the at-fault drivers.
UNDERSTANDING LIABILITY AND FIRST-PARTY INJURY CLAIMS:
A liability claim is pursued against the insurance provider of the person who caused the accident, such as a motor vehicle driver who collided with you.
If the responsible driver lacked a valid license, you might have grounds to sue them for irresponsibly allowing an unlicensed or unfit person to use their vehicle. Furthermore, if the at-fault individual was working at the time of the accident, a liability claim could also be filed against their employer under the doctrine of Respondeat Superior.
First-Party Claims In Motorcycle Accident Cases:
First-party claims are those you file with your own insurer or the insurer of the vehicle owner. These claims can cover:
Personal Injury Protection (PIP) Claims
PIP insurance offers “no-fault” coverage, which means it can cover medical bills and lost wages regardless of who caused the accident. If the insurer fails to show a signed waiver, you’re entitled to $2,500.00 in PIP coverage.
MedPay Coverage
MedPay coverage functions similarly to Personal Injury Protection (PIP) insurance. However, unlike PIP, if you receive compensation from a third party for an accident, your insurer may seek reimbursement for MedPay benefits paid out.
Underinsured Motorist (UIM) Claims
To pursue a claim for underinsured motorist (UIM) benefits, you must first secure an offer from the at-fault driver’s insurance that is at or near their policy limits. You are entitled to up to $30,000 in coverage, provided that there is no signed waiver rejecting this coverage from your insurance provider. It’s important to note that you must get approval from your own insurer before accepting any settlement offers from the at-fault party’s insurer, as failure to do so might result in your insurer denying coverage.
Uninsured Motorist (UM) Claims
UM claims are filed when the driver responsible for an accident lacks the legally required insurance coverage. In incidents involving a hit-and-run, it’s essential that there was actual physical contact between the at-fault vehicle and your motorcycle or yourself for the claim to be valid. This is in contrast to liability claims where direct contact is not necessary for a claim to be pursued. For example, if you had to maneuver your motorcycle to avoid a collision with a driver who suddenly entered your lane, you may still seek damages from the negligent driver even without physical contact.
What Are The Minimum Liability Limits For A Motorcycle Accident Case In Texas?
In Texas, the minimum liability insurance requirements for motorists involved in a motorcycle accident are set at $30,000 per person and $60,000 per accident for bodily injury liability. It’s worth noting that it’s not uncommon for the responsible party’s insurance coverage to exceed these minimums, with some policies offering much higher limits such as $250,000 per person and $500,000 per accident.
For example, if you and a passenger are both injured in the same motorcycle collision, and the at-fault driver’s insurance policy is limited to $30,000 per person and $60,000 per accident, the insurance would provide a maximum of $30,000 to each injured person, resulting in a total payout of $60,000 from the liability insurance carrier. This remains the case even if one of the individuals sustained multiple bone fractures in the accident.
Identifying all available sources of insurance coverage is crucial. To protect your legal rights, Mullen & Mullen promptly initiates claims for all potential sources of compensation, as some first-party insurance policies may have deadlines for reporting incidents. We also pursue any additional claims that may be accessible at the beginning of your case. Furthermore, our firm conducts asset searches on at-fault drivers who have low liability limits to verify whether they possess assets that could be pursued in addition to the available insurance funds. First-party insurance carriers often conduct their own asset searches before granting permission to accept a liability policy limits offer.
ENSURING TIMELY MOTORCYCLE REPAIR OR REPLACEMENT:
Should You Follow The Insurance Company’s Body Shop Recommendation?
No, you should not. The insurance carrier recommends their preferred body shop primarily because they offer cost savings to the insurer in exchange for a high volume of business. However, these shops may not always use the best quality parts or employ the most qualified mechanics.
Instead, exercise your right to choose the repair facility for your motorcycle. You can opt for either the dealership where you purchased the motorcycle or a qualified service facility you trust. Take control of the situation by selecting who handles your bike’s repairs.
Will You Receive A Rental Vehicle?
Yes, but typically only if your motorcycle can be repaired. If your motorcycle is declared totaled, you might not be eligible for a rental vehicle from the at-fault party’s insurance. Nevertheless, you could have rental coverage under your own policy that applies until your motorcycle is officially labeled a “total loss” by the liability carrier.
Can Mullen & Mullen Help You Get A Rental Car?
Yes, Mullen & Mullen is happy to assist clients in obtaining a rental car while the at-fault party’s insurance carrier assesses whether your motorcycle qualifies as a “total loss” in case any issues arise.
Can You Claim That Your Motorcycle Has Diminished In Value Due To The Accident?
Certainly, but it often necessitates hiring an expert to determine the extent of the diminished value. We regularly provide financial assistance to clients to help establish diminished value when it is warranted.
What If Your Motorcycle Is Deemed A Total Loss?
If the at-fault party’s insurance carrier or your own insurer deems your motorcycle a “total loss,” you are entitled to receive the fair market value of your vehicle or compensation equivalent to the prices similar motorcycles are currently fetching in the open market. This valuation is not determined by KBB or NADA.
SECURING COMPENSATION FOR NON-ECONOMIC HARM
Are you eligible to seek compensation for non-economic losses, such as pain and emotional distress, following a motorcycle accident? If you’ve been injured in such an incident, you may have a legitimate claim for various non-economic damages, which include:
- Past and future pain and suffering.
- Past and future mental anguish.
- Past and future physical impairment.
- Other non-economic damages.
It’s important to note that quantifying these damages is not a straightforward task. Unlike medical expenses, which can be calculated with precision, determining the exact amount a jury might award for non-economic damages can be influenced by numerous factors and thus remains uncertain.
At Mullen & Mullen, we employ an active approach when assessing cases. We closely monitor recent verdicts and take into account the choice of venue for filing the lawsuit. With over 40 years of experience, our law firm has the expertise to evaluate cases based on past similar incidents with comparable injuries. Our dedicated attorneys are committed to advocating for your non-economic damages and will work collaboratively with you to establish the core elements of your injury claim.
We often create and utilize “day in the life videos” as a part of our strategy. These videos follow a client throughout their daily routine, illustrating how the accident has affected every aspect of their life. Additionally, these videos help insurance adjusters gain a better understanding of your claimed injuries and limitations, allowing them to assess how you would present your case to a jury.
ESTABLISHING ECONOMIC DAMAGES
Can You Seek Compensation For Lost Wages?
Yes, but it is crucial to substantiate these damages through a preponderance of evidence. Mullen & Mullen Law Firm can provide you with the necessary documents to present to your employer to verify your lost wages.
Can You Recover Damages For Future Lost Wages?
Absolutely. Such compensation is commonly referred to as a loss of earning capacity. Mullen & Mullen Law Firm often engages economists, vocational rehabilitation consultants, or a combination of both to assist clients in confirming past lost earnings or predicting future loss of earning capacity.
Are There Any Other Potential Economic Damages You Might Be Entitled To?
If you were involved in a motorcycle accident, you may also be eligible for additional economic damages, including:
- Past medical expenses (“Reasonable and Necessary”).
- Future medical expenses (“Reasonable and Necessary”).
- Motorcycle repair costs.
- Replacement motorcycle costs.
- Diminished value of your motorcycle.
In cases involving traumatic injuries, Mullen & Mullen’s attorneys may enlist certified life care planners to establish the necessity of lifelong accommodations resulting from your injuries, and we cover this expense for you.
PUNITIVE & EXEMPLARY DAMAGES
Exemplary damages, commonly known as punitive damages, are challenging to obtain but are designed to penalize parties at fault. To secure punitive damages, it is necessary to establish gross negligence or recklessness.
Some situations where punitive damages could be argued and potentially awarded include:
- If the Defendant was driving under the influence or intoxicated.
- If the Defendant had not slept for an extended period.
- If the Defendant was using a cell phone while excessively speeding.
- If the Defendant was engaged in a race with another vehicle.
- In any other scenario where the Defendant’s actions demonstrated recklessness or gross negligence.
NAVIGATING COMPENSATION FOR MOTORCYCLE ACCIDENT INJURIES
Determining The Value Of Your Claim
Exercise caution when dealing with injury attorneys who promise immediate results or claim to know the exact worth of your case. The value of your motorcycle accident claim hinges on various factors, some of which may be argued by the insurance adjuster. At Mullen & Mullen Law Firm, we offer our clients a contingent contract, ensuring that no attorney fees or expenses are due unless we secure a recovery for you. We are committed to achieving the highest possible settlement on your behalf.
Factors Influencing Claim Value
Numerous factors can impact the value of a personal injury claim, including:
- Arguments presented by the insurance adjuster or defense attorney.
- Unexplained gaps in your medical treatment.
- Comparative negligence.
- Differentiating between subjective injuries (such as soft-tissue or sprain/strain injuries) and objective injuries (like broken or fractured bones).
- The amount of medical bills incurred.
- Expected future medical expenses.
- Liability factors, such as the at-fault motorist’s distracted driving.
- Emotional aspects of your story, such as losing your home due to the collision.
- The jurisdiction where a lawsuit could be filed.
- Possible Allegations of Your Negligence
Insurance companies may attempt to argue that you were partially at fault for the motorcycle accident. They might claim that you were speeding, inattentive, or should have exercised more caution. If it is determined that you were negligent, any damages awarded by a jury would be reduced by the percentage of fault assigned to you. For example, if a jury awards you $250,000 in damages but finds you 40% at fault, the final verdict would be adjusted to $150,000.
Recovery With Shared Responsibility
You can only recover damages if it is argued or a jury determines that you were not more than 50% at fault for the motorcycle collision.
Disputing Medical Bills
Insurance companies often contest the amount of your medical bills. They may hire “independent” doctors who primarily work with automobile insurance companies to conduct “peer reviews.” These professionals, in conjunction with the insurance adjuster, may claim that some of your medical treatment was unnecessary or that your medical bills were unreasonable.
Recovery For Exacerbated Pre-Existing Injuries
In Texas, the “Eggshell Plaintiff” doctrine is recognized, which means you are liable for any additional damages arising from the accident, even if the victim had a pre-existing injury or condition that made them more susceptible to harm. For instance, a previously asymptomatic degenerative disc disease may become painful after the accident. Mullen & Mullen’s attorneys are experienced in leveraging this doctrine and can help gather evidence, such as prior medical records and witness affidavits, to support your case.
Settlement Or Lawsuit?
Deciding whether to accept the insurance company’s final offer or pursue a lawsuit depends on various factors, including the associated attorney fees and case expenses. Mullen & Mullen Law Firm provides advice akin to what we would offer a close friend or family member. We always aim to recommend the option that maximizes your financial outcome while considering risk versus reward. Ultimately, the decision rests entirely with you.
The Litigation Process
When a lawsuit is initiated, several key developments usually occur:
- Legal fees and case expenses increase significantly.
- The process typically spans 9-12 months if the case settles before trial but could extend to years if a trial becomes necessary.
- You will likely be required to respond to written discovery questions, participate in a deposition, and attend court-ordered mediation.
PREJUDICE AGAINST MOTORCYCLE RIDERS AND COMPARATIVE NEGLIGENCE
Do Insurance Adjusters And Jurors Exhibit Bias Towards Motorcyclists?
Certainly. Some insurance adjusters and jurors may exhibit a natural inclination to stereotype all motorcyclists based on the actions of a few reckless riders they have encountered. Therefore, it becomes crucial to establish evidence proving that you were adhering to traffic regulations and operating your motorcycle safely and responsibly.
Does Helmet Usage Impact Your Case?
Yes, it does. Insurance adjusters may contend, and a jury could potentially find, that you bear some comparative negligence if you were not wearing a helmet. The insurance company is likely to argue that your injuries were exacerbated because you failed to comply with helmet laws, potentially diminishing your claim.
CONTACT US FOR A FREE CONSULTATION
Call (817) 768-6680 to talk to a Fort Worth 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.
FORT WORTH OFFICE LOCATION
Mullen & Mullen Law Firm
9500 Ray White Rd #241
Fort Worth, TX 76244
Phone (817) 768-6680
By Appointment Only