Texas is the second-largest state in the country, and it’s so vast it’s almost a necessity to own motorized transportation, such as a motorcycle, to get around. Unfortunately, given the high number of bikes and motorcyclists in Texas, the state does have its share of injury accidents involving those two-wheeled vehicles. And when motorcycle-related injuries occur, the services of a Texas personal injury attorney are often needed. But whether an injury claim arising from a motorcycle accident is worth pursuing depends on several factors.
Texas is a Fault-Based State
Texas allows for liability or fault to be assigned whenever motorcycle accidents occur. In such “at-fault states,” the party at fault for a motorcycle accident is responsible for the personal injury damages suffered by the non-fault person. Personal injury damages include medical bills and lost wages as well as repair costs for the damaged motorcycle or automobile of the non-fault person. The first hurdle to clear when consulting with a Texas personal injury attorney about your motorcycle accident is making sure you weren’t at fault and that the other party was.
Can You Prove Damages?
If you or your motorcycle weren’t injured or damaged in an accident in Texas, it might not be worth pursuing a claim. Minor motorcycle “fender benders,” for example, in which your pulse didn’t even rise, usually require more effort on your part than it’s worth to pursue a damage claim. You’ll also need to show some valid proof of your injuries and any losses, such as a broken bone or even mental anguish or damage to your motorcycle to successfully pursue an injury claim.
Personal Injury Claims are Complicated
By their nature, personal injury claims can be complicated, and there may be several types of damages from your motorcycle accident. In Texas personal injury law, damages from a motorcycle or other vehicular accidents are considered separately from each other, allowing you to collect on each. However, you must be able to meet the legal qualifications for damages, and the bar for collecting on them depends on how well your case fits within those parameters.
Did You File in Time?
In Texas, you have about two years after your injury to file a claim for damages. But like most states, Texas has created exceptions to their injury laws that may shorten or lengthen the time available to make a claim. If it’s been more than two years since your injury in a motorcycle accident, your Texas personal injury attorney may have a much steeper hill to climb in pressing a claim for you.
Hiring an Attorney
Always consult with an attorney as soon as possible after your accident and after you’ve seen a doctor, no matter how minor your injuries might seem. Also, it’s vital to document your accident, so take plenty of pictures if you’re able and try to preserve as much evidence of your motorcycle accident as you can. In most accidents involving two parties, such as in a motorcycle-to-motorcycle or motorcycle-to-automobile collision, the party who believes himself at fault will usually quickly hire an attorney. After any motorcycle accident, it’s crucial that you have an attorney working for you as soon as possible, because the other party most certainly will.
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