More Reasons to Choose Mullen & Mullen
ADVOCATING FOR JUSTICE AND SECURING MAXIMUM COMPENSATION
Motorcycle collisions often lead to dire outcomes, including serious injuries, hefty medical bills, and profound emotional distress. In the aftermath of such an incident, it’s essential to enlist the expertise of a proficient motorcycle accident attorney promptly. Our personal injury law firm in Plano is committed to defending the rights of those injured and ensuring 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.”
EXPERTISE IN INSURANCE NEGOTIATIONS
Be aware that insurance adjusters prioritize their profits over your well-being, employing strategies to minimize or deny rightful claims. However, Mullen & Mullen’s unique advantage stems from our team’s deep understanding of insurance company tactics, thanks to our founder, Attorney Regis Mullen’s, background as a litigation supervisor for Allstate, and our team of former insurance adjusters. This insider knowledge equips us with unparalleled strategies to counteract attempts at reducing your compensation.
EXCEPTIONAL SAVINGS ON LEGAL FEES
Our commitment to your financial well-being extends beyond the settlement negotiations. Unlike the standard 33.3% contingency fee charged by most personal injury attorneys, Mullen & Mullen offers a reduced rate of 29% for cases settled out of court. This significant discount can result in substantial savings—for example, on a $500,000 settlement, you could save $21,500, leaving more money in your pocket. This offer reflects our confidence in achieving exceptional outcomes for our clients and is available simply by mentioning it during your initial consultation. With Mullen & Mullen, you’ll receive a no-pressure introduction to your legal rights and options, free from aggressive sales tactics.
EXPERT LEGAL ASSISTANCE FOR MOTORCYCLE ACCIDENT VICTIMS
Motorcycle accidents present distinct challenges and risks compared to other vehicle collisions, primarily due to the exposed position of the rider, which leads to a higher likelihood of severe injuries. These can range from fractures and spinal damage to traumatic brain injuries and, tragically, loss of life.
Choosing Mullen & Mullen Law Firm means you benefit from legal experts who specialize in the nuances of motorcycle crash claims. Our attorneys are adept at guiding you through the legal maze, providing the support, advice, and advocacy you need at every juncture.
Our team boasts extensive knowledge of the laws governing traffic, insurance, and personal injury claims, with a particular focus on motorcycle incidents. This ensures your case is managed with the highest level of precision and expertise.
COMPREHENSIVE CASE INVESTIGATION
We dedicate ourselves to an exhaustive examination of your accident, compiling key evidence such as police reports, eyewitness accounts, video evidence, and medical documentation. This foundational work is crucial for pinpointing liability, quantifying your losses, and forging a compelling argument on your behalf.
IDENTIFYING RESPONSIBILITY
Pinpointing fault in motorcycle crashes can be intricate. Our legal experts in Frisco will dissect the specifics of your situation to identify all liable entities, whether they are other motorists, entities responsible for road maintenance, or manufacturers of defective bike components. Ensuring accountability from all relevant parties is vital for securing the full compensation you’re entitled to.
ADVOCACY IN LITIGATION
Should negotiations not result in a satisfactory settlement, Mullen & Mullen is prepared to escalate to litigation. Our trial lawyers will advocate forcefully for you in court, leveraging their comprehensive legal acumen and persuasive prowess to uphold your rights.
EMOTIONAL AND PRACTICAL SUPPORT
Recovery from a motorcycle crash encompasses more than just physical healing; it involves emotional recuperation and piecing your life back together. The empathetic team at Mullen & Mullen stands ready to offer the moral support and practical advice you need during this difficult period, ensuring you have the means to progress and rebuild.
We are wholly committed to delivering all-encompassing legal representation for individuals affected by motorcycle accidents.
The attorneys at Mullen & Mullen are deeply familiar with the specific obstacles you encounter and are dedicated to achieving the justice and compensation you rightfully deserve, along with holding the negligent accountable.
Should you or a loved one find yourselves impacted by a motorcycle accident, do not hesitate to get in touch with our committed legal professionals in Frisco. We provide a complimentary consultation to assess your case, respond to your inquiries, and furnish you with the necessary information to make well-informed decisions about your legal options. Given the critical nature of timing in these matters, we urge you to contact us promptly. Allow our family to stand up for yours.
TYPICAL INJURIES FROM MOTORCYCLE CRASHES
Motorcyclists face a high risk of injury during accidents due to their exposure and lack of protective barriers. The injuries they might incur span from minor to critical.
Below are common injuries associated with motorcycle crashes:
Skin Abrasions (Road Rash)
This injury happens when a rider’s skin scrapes against the road, leading to anything from superficial scratches to severe lacerations. Without proper care, road rash can become infected.
Bone Breaks And Fractures
The force of a crash often results in broken or fractured bones for motorcyclists, affecting arms, legs, collarbones, ribs, and facial structures. Serious breaks might need surgical intervention, with a prolonged recovery time.
Head Trauma
Even with helmet use, riders can suffer head injuries, including mild concussions or more critical conditions like traumatic brain injuries (TBIs). TBIs can impact mental functions, including memory, cognition, and motor skills, potentially having lasting effects.
Spinal Injuries
Injuries to the spinal cord from motorcycle accidents can lead to varying degrees of paralysis. These injuries may cause a loss of sensation and control, requiring continuous care, rehabilitation, and special equipment.
Soft Tissue Damage
Motorcycle crashes can cause injuries to muscles, tendons, and ligaments, such as whiplash, sprains, strains, and tears. These conditions might lead to pain, swelling, reduced mobility, and necessitate physical therapy or pain management.
Internal Damage
Accidents can result in internal injuries like bleeding, organ damage, or harm to internal systems. Such injuries are often not immediately obvious and need urgent care to avoid critical outcomes.
Emotional And Psychological Impact
The aftermath of a motorcycle crash can also include psychological distress, with possible development of PTSD, anxiety, depression, and other mental health challenges. Emotional recovery may require professional counseling.
The repercussions of motorcycle accident injuries can be far-reaching, potentially leading to chronic pain, permanent disability, financial strain due to lost wages or reduced earning capacity, a decrease in life quality, and ongoing medical needs. It’s vital for victims to get thorough medical evaluation and legal advice to secure compensation for their injuries and the enduring effects they bring.
TEXAS MOTORCYCLE ACCIDENT LAW FAQ
Do Motorcycle Accident Claims Resemble Car Accident Claims?
Yes, they share many similarities. Most aspects of insurance coverage and available damages remain consistent. However, when it comes to liability, in motorcycle accidents, the opposing party’s insurer may contend that you share some responsibility for the collision. They might argue factors like excessive speed or the absence of a helmet contributed to the accident. Therefore, establishing a strong case against the at-fault party becomes particularly crucial. This highlights the importance of consulting a skilled personal injury attorney.
Is The Presence Of Witnesses Crucial To Your Claim?
Absolutely. This becomes especially vital when the insurance company attempts to deny liability or suggests that you bear more than 50% of the fault for the accident. It’s essential to identify witnesses and gather their contact information.
To ensure we collect all necessary evidence, our accident investigators actively seek witnesses to the motorcycle accident, even if they were not included in the police report. Our investigators possess extensive experience in thoroughly canvassing accident sites to uncover potential witnesses.
On the flip side, it’s important to note that the insurance company will not automatically assume that you sustained injuries. They will require proof of your injuries. Therefore, it is imperative that you seek medical attention promptly upon experiencing any symptoms related to the motorcycle accident, regardless of how minor they may appear.
Remember: Delaying medical treatment for your injuries after an accident can provide the insurance company with an opportunity to argue or suggest that your claim includes a “gap in treatment,” indicating a period during which you received no medical care. This gap in treatment is often used to imply that your injuries are not legitimate.
Who Is Typically At Fault In Common Types Of Motorcycle Collisions?
Falling while entering a curve
Responsibility for this type of accident may rest with you, or it could be attributed to the government entity responsible for road maintenance. If the road was adequately maintained, you might be deemed at fault. However, if a specific road defect was present, a government entity or contractor could be held accountable.
Car turning in front of you
This is the most common type of motorcycle accident. Motorists sometimes fail to notice motorcycles due to their familiarity with larger vehicles. Fault typically lies with the driver, although winning your claim is not guaranteed automatically.
Injuries while lane-splitting
Lane-splitting is not explicitly permitted nor prohibited by Texas law. In such cases, many jurors might allocate negligence between both parties.
Not wearing a helmet
In this scenario, your fault is likely to increase. Texas follows a “comparative negligence” approach, allowing you to 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 significant compensation may be impacted.
Can I Still Receive Compensation For My Injuries If The Identity Of The Person Responsible For My Motorcycle Accident Is Unknown?
Even if the police cannot determine who caused your motorcycle accident, you still have the opportunity to seek compensation for your injuries. A jury might find your description of the event more trustworthy, and new witnesses could emerge over time. Additionally, an expert in accident reconstruction might be able to pinpoint the responsible party using technical analysis, measurements, or vehicle data.
Our team at Mullen & Mullen Law Firm is trained to handle cases without clear liability by conducting prompt and comprehensive interviews with known witnesses and extending the search to potential witnesses in the vicinity. If needed, we’ll also employ a skilled accident reconstruction expert to support your case, without any initial fees for you.
When looking for records that could shed light on your crash or the liable driver, various entities might hold useful information, such as:
- Texas Department of Public Safety;
- United States Department of Transportation;
- Federal Highway Administration;
- Texas Department of Transportation; and
- Texas Transportation Commission.
Our practice is experienced in requesting records from these and other agencies to compile evidence for your motorcycle accident case. Should you choose our services, we’ll begin acquiring all pertinent records related to your incident and investigate any public records connected to the responsible driver(s).
UNDERSTANDING LIABILITY AND FIRST-PARTY INJURY CLAIMS
A liability claim involves seeking compensation from the insurance provider of the person or entity at fault for the accident. For instance, if the person who hit you was driving without a license, you might file a claim against them for negligently allowing an unlicensed or unfit individual to drive. Moreover, if the at-fault individual was working at the time of the accident, you could file a claim against their employer under the principle of Respondeat Superior.
First-Party Insurance Claims
First-party insurance claims are those you file with either your insurance company or the insurer of the vehicle owner, covering:
Personal Injury Protection (PIP) Claims
PIP insurance offers no-fault coverage for medical bills and lost wages. You’re entitled to $2,500.00 in PIP coverage unless the insurer can show you rejected this coverage in writing.
MedPay Coverage
MedPay Coverage operates similarly to Personal Injury Protection (PIP) in that it covers medical expenses resulting from an accident. However, unlike PIP, if you receive compensation from a third party for the accident, your insurer has the right to be reimbursed from those funds for any MedPay benefits paid out.
Underinsured Motorist (UIM) Claims
To pursue compensation under UIM coverage, you must first secure an offer from the at-fault driver’s insurance that meets or nearly meets the policy limits. You’re eligible for coverage up to $30,000.00 unless your insurer has a documented refusal of this coverage from you. It’s critical to note that accepting a policy limits offer from the at-fault party’s insurer without your own insurer’s approval could jeopardize your coverage.
Uninsured Motorist (UM) Claims
UM coverage is designed to protect you if you’re involved in an accident with a driver who lacks legally required insurance. In incidents of “hit-and-run,” it’s essential for there to have been physical contact with your vehicle or you to qualify for UM coverage. If there’s no contact, the claim may be denied. However, for liability claims against a negligent driver who causes you to crash without direct contact (for example, by forcing you to swerve off the road), UM coverage is not required to pursue damages.
What Are The Minimum Liability Requirements For A Motorcycle Accident Case In Texas?
In the state of Texas, the mandatory minimum bodily injury liability limits for motorists are $30,000 per person and $60,000 per accident. It’s worth noting that many at-fault drivers may carry higher coverage limits, often at $250,000 per person and $500,000 per accident, or even more.
For example, if you and a passenger are both injured in the same motorcycle collision, and the at-fault driver’s insurance policy has limits of $30,000 per person and $60,000 per accident, the maximum amount available from the insurance carrier would be $30,000 for each individual, with a total payout of $60,000 for the entire accident, regardless of the severity of the injuries sustained.
It is crucial to thoroughly identify all potential sources of insurance coverage to protect your legal rights. To ensure timely action and to meet potential notification deadlines imposed by some first-party policies, Mullen & Mullen will promptly file all potential claims and explore any additional accessible claims at the beginning of your case. Furthermore, our firm conducts asset searches on at-fault drivers with low liability limits to verify that they do not possess assets that could be pursued in addition to the available insurance funds. First-party insurance carriers also perform their own asset searches before granting approval to accept a liability policy limits offer.
GETTING TIMELY REPAIRS OR REPLACEMENTS FOR YOUR MOTORCYCLE: SHOULD YOU FOLLOW THE
Insurance Company’s Body Shop Recommendation?
In most cases, it’s advisable not to heed the recommendation of the liability insurance carrier when it comes to choosing a body shop for your motorcycle. The insurance company typically suggests their preferred shop primarily because they offer lower repair costs in exchange for a high volume of business. Consequently, these recommended shops may not always prioritize the use of top-quality parts or employ the most qualified mechanics.
Instead, exercise your right to select the repair facility for your motorcycle. You can opt for either the dealership where you purchased your motorcycle or a reputable service center that you trust. Take charge of the situation by deciding who will handle the repairs for your bike.
Will You Receive A Rental Vehicle?
Yes, but usually, this only applies if your motorcycle can be repaired. If your motorcycle is declared a total loss, you may not be eligible for a rental vehicle from the at-fault party’s insurance carrier. However, you might have rental coverage under your own policy that could be applicable, providing you with a rental until your motorcycle is officially deemed a “total loss” by the liability carrier.
Can Mullen & Mullen Assist You In Securing A Rental Vehicle?
Certainly. Mullen & Mullen is more than willing to help clients obtain a rental car while the liability carrier for the at-fault party assesses whether your motorcycle qualifies as a “total loss” should any issues arise.
Is It Possible To Claim Diminished Value For Your Motorcycle Due To The Accident?
Absolutely, but this often requires the involvement of an expert to determine the extent of diminished value. We frequently provide financial assistance to clients to help establish diminished value when it’s warranted.
What If Your Motorcycle Is Declared A Total Loss?
If the at-fault party’s insurance carrier or your own insurer deems your motorcycle a “total loss,” you have the right to seek compensation equal to the fair market value of your vehicle or damages equivalent to the sale prices of similar motorcycles on the open market. This assessment is not based on KBB or NADA valuations.
ESTABLISHING NON-ECONOMIC DAMAGES AND RECOVERING COMPENSATION
Wondering if you can seek compensation for non-economic damages such as pain and suffering after being involved in a motorcycle accident? If you’ve sustained injuries in such an incident, you may also be eligible for the following non-economic damages:
- 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 straightforward. Unlike medical bill damages, which can be calculated with precision, determining the exact amount a jury may award for non-economic damages is highly variable and depends on numerous factors.
At Mullen & Mullen, we assess cases meticulously by staying updated on recent verdicts and considering the significance of the lawsuit’s venue, where it could be filed. With a proven track record spanning over 40 years, our legal team has the expertise to evaluate cases by drawing on past similar instances with comparable injuries. Our dedicated attorneys are committed to advocating for non-economic damages and will collaborate closely with you to establish the core narrative of your injury claim.
To enhance our case presentations, we often create and employ “day in the life videos.” These videos track 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 deeper understanding of your claimed injuries and limitations, enabling them to assess how you would present your case to a jury.
ESTABLISHING ECONOMIC DAMAGES
Can You Seek Compensation For Lost Wages?
Absolutely. However, it is crucial to substantiate these damages through a preponderance of evidence. Mullen & Mullen Law Firm can supply you with the necessary documents to present to your employer in order to support your claim for lost wages.
Can You Pursue Damages For Future Lost Wages?
Certainly. This form of compensation is commonly referred to as the loss of earning capacity. Mullen & Mullen Law Firm frequently engages economists, vocational rehabilitation consultants, or a combination of both, to assist clients in verifying past wage losses and projecting future loss of earning capacity.
Could You Potentially Be Entitled To Other Economic Damages?
If you were involved in a motorcycle accident, you may also have a claim for these additional economic damages:
- Past medical expenses (deemed “Reasonable and Necessary”).
- Future medical expenses (deemed “Reasonable and Necessary”).
- Motorcycle repair costs.
- Replacement motorcycle costs.
- Diminished value of your motorcycle.
Mullen & Mullen’s attorneys employ certified life care planners in cases of traumatic injury when required. We cover this expense on your behalf to help establish the need for lifelong accommodations resulting from your injuries.
PUNITIVE & EXEMPLARY DAMAGES
Exemplary damages, commonly known as punitive damages, are challenging to obtain but serve to penalize parties at fault. Punitive damages necessitate a finding of gross negligence or recklessness.
Instances where punitive damages could be argued for and 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 and driving excessively fast.
- If the Defendant was engaged in a race with another vehicle.
- Any other situation where the Defendant displayed recklessness or gross negligence.
NAVIGATING YOUR MOTORCYCLE ACCIDENT INJURY SETTLEMENT
Determining The Value Of Your Claim
Beware of attorneys who promise immediate results or a fixed claim value. The worth of your case is influenced by various factors, often subject to arguments made by insurance adjusters. At Mullen & Mullen Law Firm, we work on a contingent contract, meaning no fees or expenses are due unless we secure a recovery for you. Our primary goal is clear: securing the highest possible settlement for you.
Factors Influencing Claim Value
Numerous factors can affect the value of your personal injury claim, such as:
- Arguments presented by the insurance adjuster or defense attorney.
- Unexplained gaps in your medical treatment.
- Comparative negligence.
- Differentiating between subjective injuries (soft-tissue and sprain/strain) and objective injuries (e.g., broken bones).
- The total amount of medical bills incurred.
- Expected future medical expenses.
- Liability considerations (e.g., if the at-fault motorist was on the phone during the motorcycle accident).
- Emotional aspects of your situation (e.g., if the accident led to losing your home).
Venue options for potential lawsuits. - Potential for Comparative Negligence
Insurance companies may argue that you were also negligent, exploiting biases against motorcyclists who are unfairly assumed to speed. They may claim you were speeding, inattentive, or should have exercised more caution. If you are found partially at fault, any damages awarded by a jury will be reduced proportionally. For example, a $250,000 award with 40% fault attributed to you would result in a final verdict of $150,000.
Recovery Despite Partial Fault
You can only recover damages if you are determined to be less than 50% at fault for the motorcycle collision.
Challenges To Medical Bills
Insurance companies often challenge medical bills by using “independent” doctors who primarily work with automobile insurance companies. These doctors, along with insurance adjusters, may argue that some of your medical treatment was unnecessary or that your bills were unreasonable.
Recovery For Pre-Existing Injuries
In Texas, the “Eggshell Plaintiff” doctrine is recognized, holding you liable for any additional damages that may arise if a person is more susceptible to injury due to a pre-existing condition. This includes conditions that were previously asymptomatic or injuries that had already healed but resurfaced after the accident. Mullen & Mullen’s attorneys are well-versed in this doctrine, gathering evidence and witness affidavits to support your case.
Settlement Or Lawsuit?
Deciding whether to accept an insurance company’s final offer depends on various factors, including additional attorney fees and case expenses related to litigation. Mullen & Mullen Law Firm advises clients as we would our own friends or family, recommending the course of action that maximizes your financial gain while weighing risk versus reward. Ultimately, the decision is entirely yours to make.
What To Expect In A Lawsuit
When filing a lawsuit, the following typically occurs:
- Legal fees increase significantly.
- Case expenses rise considerably.
- The process lasts 9-12 months if settling before trial but could extend for years if a trial is necessary.
- You must respond to written discovery questions, participate in a deposition, and attend court-ordered mediation.
BIAS AGAINST MOTORCYCLISTS AND COMPARATIVE NEGLIGENCE
Is There Bias Against Motorcycle Drivers Among Insurance Adjusters And Jurors?
Certainly. Some insurance adjusters and jurors might exhibit a natural inclination to stereotype all motorcyclists based on the actions of a few reckless riders they have observed on the road. Consequently, it becomes crucial to build a strong case demonstrating your adherence to traffic regulations and responsible motorcycle operation.
Does Wearing A Helmet Make A Difference?
Yes, it does. Insurance adjusters may argue, and a jury could potentially find, that your failure to wear a helmet constitutes comparative negligence. The insurance company is likely to contend that your injuries were exacerbated because you did not comply with the law by wearing a helmet.
CONTACT US FOR A FREE CONSULTATION
Call (214) 529-3476 to talk to a Frisco 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.
Seriously Hurt? We’ll Come to You!
FRISCO OFFICE
Mullen & Mullen Law Firm in Frisco, TX
2770 Main St #258
Frisco, TX 75033
(214) 529-3476