Top-rated Motorcycle Accident Attorneys in Plano, TX

MOTORCYCLE ACCIDENT TESTIMONIALS

The inherent vulnerability of motorcyclists, due to minimal protective barriers and high exposure to surroundings, significantly elevates their risk of injuries. These injuries can vary widely in severity, from minor to critical.

Below are the frequent injuries encountered by motorcyclists:

Abrasive Skin Injuries (Road Rash)

When a motorcyclist’s body skids across the road surface, it can lead to road rash—abrasions and skin damage ranging from superficial grazes to severe lacerations. These injuries can be excruciating and, if not properly cared for, may lead to infections.

Bone Fractures And Breaks

The force of collisions often results in bone fractures and breaks for motorcyclists, with common injuries including fractures of the arms, legs, collarbones, ribs, and facial bones. These injuries can necessitate surgical intervention and often involve a protracted recovery period.

Head And Brain Injuries

Even with helmet use, motorcyclists are at risk for head injuries, from mild concussions to severe traumatic brain injuries (TBIs). TBIs can profoundly impact cognitive functions, memory, coordination, and brain health over the long term.

Spinal Cord Damage

Collisions can cause spinal cord injuries, potentially leading to partial or full paralysis. Such injuries may affect sensation, motor function, and autonomic functions below the injury level, often requiring lifetime medical care and rehabilitation.

Soft Tissue Damage

This category includes injuries to muscles, ligaments, and tendons, such as whiplash, sprains, strains, and tears. These injuries can result in pain, swelling, reduced mobility, and may necessitate physical therapy or ongoing pain management.

Internal Organ Damage

Impacts can lead to internal injuries, including bleeding, organ trauma, or damage to vital organs like the lungs, liver, and kidneys. These injuries are particularly insidious as they might not be immediately noticeable but require urgent care to avoid severe complications.

Emotional And Psychological Impact

The psychological aftermath of a motorcycle crash can be as debilitating as physical injuries, with survivors possibly facing PTSD, anxiety, depression, and other mental health challenges. Professional psychological support and therapy play a critical role in recovery.

The repercussions of injuries from motorcycle accidents can profoundly affect one’s life, leading to chronic pain, permanent disabilities, financial strain due to lost income and medical expenses, and a decreased quality of life. It’s imperative for victims to obtain thorough medical evaluation and treatment and to seek legal advice to secure compensation for the extensive impacts of their injuries.

TEXAS MOTORCYCLE ACCIDENT LAW FAQ

Are Motorcycle Accident Claims Similar To Car Accident Claims?

Yes, they bear striking similarities. The majority of insurance coverage and available compensation options remain consistent. However, when it comes to liability, the opposing party may argue that you share some responsibility for the collision, often citing factors such as excessive speed or the absence of a helmet. Consequently, establishing a strong case against the at-fault party becomes exceedingly crucial, highlighting the importance of engaging a skilled personal injury attorney.

Is The Presence Of Witnesses Crucial For Your Claim?

Absolutely. This becomes particularly vital when the insurance company attempts to disavow 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 comprehensive evidence gathering, our accident investigators actively seek out potential witnesses to the motorcycle accident, even if they were not part of the initial police report. Our investigators possess extensive experience in thoroughly canvassing accident scenes to uncover potential witnesses.

It’s important to note that the insurance company will not simply accept that you sustained injuries. They will demand evidence of your injuries. Thus, seeking immediate medical care as soon as you experience any symptoms related to the motorcycle accident, regardless of how minor they may seem, is imperative.

Remember: Delaying medical treatment for your injuries after an accident may lead the insurance company to argue or insinuate that your claim involves a “gap in treatment,” suggesting a period during which you received no medical care. They often use this gap in treatment to question the authenticity of your injuries.

Who Bears Responsibility In Common Types Of Motorcycle Collisions?

Falling while navigating 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, fault may lie with you. However, if there was a specific road defect, a government entity or contractor could be held accountable.

A car turning in front of you

This is the most frequent type of motorcycle accident. Motorists may sometimes fail to acknowledge the presence of a motorcycle due to their familiarity with cars, leading to inattention toward your smaller vehicle. Typically, fault should be assigned to the driver, although success in your claim is not guaranteed.

Injury while lane-splitting

Lane-splitting is neither explicitly permitted nor prohibited by Texas law. However, many jurors may consider negligence to be shared between both parties.

Not wearing a helmet

In this scenario, your liability is likely to increase. Texas follows a “comparative negligence” approach, meaning you can seek compensation if you are 50% or less responsible for your injuries. However, if you were not wearing a helmet and it could have mitigated or prevented your injuries, your ability to recover substantial 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?

Yes, it is possible to receive compensation even if the responsible party is not immediately identified. A jury may find your version of events more convincing, and it’s possible that witnesses who have not yet come forward could provide crucial information in the future. Additionally, an accident reconstruction expert might be able to determine the liable party using technical analysis and evidence from the vehicles involved.

Our team of accident investigators is highly trained to conduct comprehensive investigations to prevent cases from becoming mere disputes of word against word. They promptly interview known witnesses and actively seek out potential witnesses in surrounding areas, such as businesses or homes. For cases that require it, our skilled motorcycle accident lawyers in Plano will employ a professional accident reconstruction expert without requiring any upfront fees from you.

What Entities Might Have Records Pertinent To My Motorcycle Accident Or The Liable Party?

Depending on the specifics of your motorcycle accident, various organizations and agencies may hold important information. These can include:

1. Texas Department of Public Safety;
2. United States Department of Transportation;
3. Federal Highway Administration;
4. Texas Department of Transportation; and
5. Texas Transportation Commission.

At Mullen & Mullen Law Firm, we consistently request records from these and other relevant agencies to support our clients’ cases. Should you choose our legal representation, we will diligently seek all pertinent records related to your accident, as well as any public records concerning the at-fault driver(s).

UNDERSTANDING LIABILITY AND FIRST-PARTY INJURY CLAIMS IN MOTORCYCLE ACCIDENTS

What Does Filing A Liability Claim Entail?

A liability claim is filed with the insurance provider of the party at fault, which could be the driver of the vehicle that collided with you. If this driver was unlicensed, a claim might be made against them for negligently allowing an unlicensed or unfit driver to use the vehicle. Furthermore, if the at-fault individual was working at the time of the accident, you might file a liability claim against their employer based on the principle of Respondeat Superior.

What Are First-Party Claims In The Context Of Motorcycle Accident Injuries?

First-party claims are those you file with either your own insurance company or that of the vehicle’s owner. These can include:

PIP (Personal Injury Protection) Claims

This insurance offers “no-fault” benefits, covering medical expenses and lost wages. You are entitled to $2,500 in PIP coverage unless the insurance company can show you signed a waiver rejecting this coverage.

MedPay Coverage

MedPay, or Medical Payments coverage, operates similarly to PIP (Personal Injury Protection) insurance. However, if you recover damages from a third party, your insurer has the right to be reimbursed for the MedPay benefits you received.

Underinsured Motorist (UIM) Claims

To claim UIM benefits, you must first secure an offer from the at-fault driver’s insurance that is at or near the policy’s maximum limits. You are eligible for this type of coverage up to $30,000.00, provided that there is no documented refusal of such coverage by the policyholder. It’s important to note that you must obtain your own insurance company’s approval before accepting a settlement offer from the at-fault party’s insurer. Ignoring this step could lead to your insurance denying coverage.

Uninsured Motorist (UM) Claims

A UM claim is pursued when the driver responsible for the accident lacks the legally required insurance. In hit-and-run scenarios, for a UM claim to be valid, there must have been physical contact between the at-fault vehicle and either you or your motorcycle. If the at-fault vehicle remains unidentified, and there was no physical contact, UM coverage may not apply. However, in liability claims, direct physical contact is not a prerequisite. For instance, if you were forced to crash your motorcycle to avoid a collision with a driver who suddenly entered your lane, you could still seek compensation from that driver for their negligent actions.

What Are The Required Liability Coverage Minimums For Motorcycle Accidents In Texas?

In Texas, the law mandates that drivers, including motorcyclists, maintain liability insurance coverage of at least $30,000 for each injured person, up to a total of $60,000 per accident for bodily injury. However, it’s not rare for the responsible party’s insurance to have much higher limits, potentially up to $250,000 per individual and $500,000 per accident or more.

For example, if you and a passenger are injured in a motorcycle accident and the driver at fault has insurance coverage limits of $30,000 per person and $60,000 per accident, the most the insurance would cover is $30,000 for each of you, with a total maximum payout of $60,000 by the insurer for that incident. This cap applies regardless of the severity of the injuries, such as in cases where someone incurs multiple fractures.

It’s critical to identify all potential insurance coverage sources to protect your rights fully. Mullen & Mullen is committed to promptly filing all possible claims, including those with first-party insurers that may have filing deadlines, and exploring additional claims from the start of your case. Our firm also performs asset investigations on at-fault drivers with minimal liability coverage to determine if they have assets that could be pursued beyond the insurance coverage. Similarly, first-party insurers often conduct their asset searches before approving settlements that involve accepting the policy limits from an at-fault driver’s insurance.

GETTING YOUR MOTORCYCLE REPAIRED OR REPLACED PROMPTLY

Should You Choose The Body Shop Recommended By Your Insurance Company?

It is advisable not to follow the recommendation of the liability insurance carrier when it comes to selecting a body shop for your motorcycle repair. The reason behind their recommendation is simple: these shops often offer lower repair costs in exchange for a higher volume of business from the insurance company. However, they may not always use the best quality parts or employ the most skilled mechanics.

Instead, exercise your right to choose the repair facility for your motorcycle. You can opt for the dealership where you originally purchased your motorcycle or a reputable service facility of your choice. Take charge of the situation by deciding who will be responsible for repairing your bike.

Will You Be Provided With A Rental Car?

Yes, but typically only 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 insurance carrier of the at-fault party. However, you might have rental coverage under your own policy that could apply 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 ready to help clients in obtaining a rental car while the liability carrier for the at-fault party evaluates whether your motorcycle qualifies as a “total loss” should any issues arise.

Can You Claim That Your Motorcycle Has Depreciated In Value Due To The Accident?

Absolutely, but this often requires enlisting an expert to determine the extent of the diminished value. We regularly provide financial support to clients to facilitate the assessment of diminished value when it is warranted.

What If Your Motorcycle Is Declared A Total Loss?

If the insurance carrier for the at-fault party or your own insurer declares your motorcycle a “total loss,” you have the right to receive compensation based on the fair market value of your vehicle or damages equivalent to the selling price of similar motorcycles in the open market. This valuation is not determined by KBB or NADA.

DETERMINING NON-ECONOMIC COMPENSATION

Are you eligible to seek compensation for non-economic damages such as pain and suffering?

In the event of a motorcycle accident resulting in injury, you may be entitled to various non-economic damages, including:

• Past and future pain and suffering.
• Past and future mental distress.
• Past and future physical impairment.
• Other non-economic losses.

It is crucial to note that quantifying these damages is challenging. Unlike the straightforward calculation of medical bills, determining the exact amount a jury may award for non-economic damages is impossible due to numerous influencing factors.

At Mullen & Mullen, we actively track recent verdicts and consider the jurisdiction where your lawsuit could be filed when assessing cases. With over 40 years of experience, our law firm can evaluate cases by referencing previous similar incidents with comparable injuries. Our dedicated attorneys are committed to advocating for non-economic damages and will work closely with you to establish the central narrative of your injury claim.

We often create and utilize “day in the life videos.” These videos document a client’s daily experiences, illustrating how the accident has impacted every aspect of their life. Additionally, these videos assist insurance adjusters in gaining a better understanding of your claimed injuries and limitations, as well as 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, a process known as “proving-up.” The Mullen & Mullen Law Firm can provide you with the necessary documentation to present to your employer, aiding you in confirming your lost wages.

Is It Possible To Recover Damages For Future Lost Wages?

Certainly. This form of compensation is typically referred to as the loss of earning capacity. At the Mullen & Mullen Law Firm, we frequently engage the services of economists, vocational rehabilitation consultants, or a combination of both to assist our clients in substantiating past wage losses or projecting future earning capacity losses.

Are There Other Potential Economic Damages You Might Be Entitled To?

If you’ve been involved in a motorcycle accident, you may also be eligible for additional economic damages, including:

• Past medical expenses (deemed “Reasonable and Necessary”).
• Future medical expenses (deemed “Reasonable and Necessary”).
• Motorcycle repair costs.
• Replacement motorcycle expenses.
• Diminished value of your motorcycle.

In cases of traumatic injuries requiring lifelong accommodations, Mullen & Mullen’s attorneys employ certified life care planners to assess the necessity of such accommodations, covering the expenses on your behalf.

PUNITIVE & EXEMPLARY DAMAGES

Exemplary damages, often referred to as punitive damages, can be challenging to secure but are intended to penalize the at-fault parties. Obtaining punitive damages necessitates a finding of gross negligence or recklessness.

Situations In Which Punitive Damages Could Be Argued Or Awarded Include:

• If the Defendant was driving under the influence or intoxicated.
• If the Defendant had been sleep-deprived for an extended period.
• If the Defendant was using a cell phone and excessively speeding.
• If the Defendant was engaged in a race with another vehicle.
• Any other circumstance in which the Defendant acted recklessly or with gross negligence.

NAVIGATING COMPENSATION FOR MOTORCYCLE ACCIDENT INJURIES

Determining The Value Of Your Claim

Beware of 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, including arguments presented by the insurance adjuster. At Mullen & Mullen Law Firm, we offer a contingent contract where you owe no attorney fees or expenses unless we secure a recovery for you. Our primary objective is aligned with yours: achieving the highest possible settlement.

Factors Influencing Claim Value

Numerous elements can impact 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.
• Subjective injuries (soft-tissue and sprain/strain) versus objective injuries (e.g., broken or fractured bones).
• Total medical bills incurred.
• Estimated future medical expenses.
• Liability factors (e.g., distracted at-fault motorist).
• Emotional ramifications (e.g., loss of property due to the collision).
• Venue (jurisdiction for potential lawsuit).
• Challenging Comparative Negligence

Insurance companies may argue that you were partially at fault, especially if biases against motorcyclists exist, such as assuming all engage in speeding. If you are found negligent in the motorcycle accident, any damages awarded by a jury would be reduced in proportion to your assigned percentage of fault. For example, a $250,000 award with 40% fault on your part would result in a final verdict of $150,000.

Limitations On Recovery For Negligent Parties

You can only recover damages if it is argued or determined by a jury that you were not more than 50% at fault for the motorcycle collision.

Contesting Medical Bill Disputes

Insurance companies may dispute the amount of your medical bills. They often hire “independent” doctors who primarily work with automobile insurance companies to conduct peer reviews. These professionals, along with the insurance adjuster, may claim that some of your medical treatment was unnecessary or your bills were unreasonable.

Seeking Compensation For Pre-Existing Injuries

In Texas, the “Eggshell Plaintiff” doctrine is recognized, which means you must accept the plaintiff’s condition as it was at the time of the accident. If a person is more susceptible to injury due to a pre-existing condition, you are still liable for any additional damages that may result. Our attorneys at Mullen & Mullen Law Firm are well-versed in this doctrine and can help gather evidence to support your case.

Choosing Settlement Or Lawsuit

Deciding whether to accept the insurance company’s final offer depends on several factors, including additional attorney fees and case expenses associated with litigation. Our Dallas personal injury attorneys will provide guidance based on your best interests, factoring in risk versus reward, but the final decision remains entirely yours.

The Litigation Process

When a lawsuit is filed, several typical events occur:

• Legal fees increase significantly.
• Case expenses rise significantly.
• The process usually takes 9-12 months if settled before trial or potentially years if trial becomes necessary.
• You may be required to respond to written discovery questions, participate in a deposition, and attend court-ordered mediation.

PREJUDICE AGAINST MOTORCYCLISTS AND COMPARATIVE NEGLIGENCE

Do Insurance Adjusters And Jurors Hold Biases Against Motorcyclists?

Certainly, some insurance adjusters and jurors may have inherent biases, potentially associating all motorcyclists with reckless riders they’ve encountered on the road. Consequently, it becomes crucial to establish evidence showing that you adhered to traffic regulations and operated your motorcycle safely and responsibly.

Does Helmet Usage Make A Difference?

Indeed, helmet usage is significant. Insurance adjusters may argue, and a jury could potentially determine, that you bear some comparative negligence for not wearing a helmet. The insurance company is likely to contend that your injuries were exacerbated because you failed to comply with the law by not wearing a helmet.

CONTACT US FOR A FREE CONSULTATION

Call (972) 947-3370 to talk to a Plano 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!

PLANO OFFICE

Mullen & Mullen Law Firm in Plano0
8105 Rasor Boulevard #237
Plano, TX 75024
Call (972) 947-3370 today!
By Appointment Only