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If you were injured in a motorcycle accident due to someone else's negligence, you may be eligible to recover compensation for your damages. An experienced motorcycle accident attorney at Stewart J.Guss, Attorney at Law, may help. We are here to serve you 24 hours a day, seven days a week, by phone or online, for a free consultation with our Katy motorcycle accident lawyers.
This problem cannot be swept under the rug. According to the state Department of Transportation, in just one recent year, 500 motorcyclists lost their lives on Texas roadways. 53% of those motorcyclists were not wearing helmets during the crash. During that same year, 5,286 people died in motorcycle accidents across the nation, a 5% increase in motorcycle fatalities from the year before. While motorcycles only make up about 3% of the country's motor vehicle fleet, they are involved in 14% of all traffic crashes.
Motorcyclists are 28 times more likely to die in a traffic accident and five times more likely to be injured than the occupants of cars. How come? Here are a few of the reasons:
With just two wheels, motorcycles are less stable for traveling than passenger cars, turning issues such as road damage, loose gravel, or debris into the road into potentially deadly situations. Also risky for motorcycle riders is the presence of rain, which can bring out the oils trapped in the roadway and make the surface of the road extremely slippery to ride on.
Part of what shields the occupants of cars from many of the dangers involved in an accident are protective features such as a steel frame, airbags, and seat belts. Motorcycles lack all of those features, increasing the risk of serious or fatal injuries.
The National Highway Traffic Safety Administration notes that nearly a third of all motorcyclists killed across the nation in 2017 weren't properly licensed. Getting a motorcycle license requires at least enough training to pass a motorcycle safety course. While a rider can certainly use the ideas and education of additional courses, at the very minimum, they should have the training required for licensing.
Motorists often provide adequate surveillance when it comes to seeing oncoming cars. However, they may not be expecting—or looking for—two-wheeled traffic. Motorcyclists who wear bright clothing that is more visible to other motorists are 37 percent less likely to be involved in an accident than those who do not.
Motorcycle riding requires a completely different skill set than driving a car, meaning that even if you're an excellent driver, you may not be an excellent motorcyclist. Many accidents occur due to the motorcyclist failing to transition from one skill set to another.
Many motorcycle accidents are caused by the following driving behaviors:
Injuries from motorcycle accidents are frequently serious and may result in permanent disability or even death. Some of the more common injuries a motorcyclist can sustain in a crash include:
A study conducted by researchers at Virginia Tech and Wake Forest University revealed that injuries to motorcyclists who struck an object during the crash—such as a guardrail, tree, or concrete barrier—are typically more catastrophic injuries than those of riders who hit the ground.
According to the Centers for Disease Control and Prevention, the use of helmets saved 1,859 lives in 2016, and 802 more lives could have been saved if all riders had worn helmets. Helmets reduce the risk of death by 37 percent and the risk of serious head injuries by 69 percent.
Texas, like many other states, requires some riders to wear helmets, but not others. All riders under the age of 21 are required to wear a helmet when operating a motorcycle. Helmets are not required for those 21 and older, provided they have either completed a safety course or have provided proof of a health insurance plan that provides health care or surgical services in the event of an accident.
State law prohibits law enforcement officers from stopping un-helmeted motorcyclists for the sole purpose of determining whether they are over 21, have completed a safety course, or are covered by health insurance.
According to statistics provided by the Texas Department of Transportation, Texas motorcyclists suffered 1,810 suspected serious injuries and 2,726 non-incapacitating injuries in the span of only one recent year. Tragically, 410 people died as a result of motorcycle accidents in the state. If you or a loved one has experienced a motorcycle accident in Katy or the surrounding area, this guide provides answers to frequently asked questions (FAQs) we hear from our clients.
Texas is a fault state for vehicle accidents. Simply put, that means that whoever caused the accident is responsible for certain bills and other losses that a victim suffers. The driver who caused the accident likely breached the duty of care expected of Texas drivers—to drive safely, follow the law, and avoid preventable motorcycle crashes.
Such a breach constitutes negligence, and negligent parties bear financial responsibility under Texas law for the damage that their actions directly cause. While breaking the law can determine negligence, any careless action resulting in an accident can make someone liable. Additionally, if bad mechanical work or a manufacturer's faulty auto parts contributed to an accident, those parties can also be held liable for your injuries under Texas law.
When a motorcycle collision injures you in Texas, you may be able to get money from the liable party. You may have the right to seek damage compensation in the following categories:
You can pursue this compensation in two ways: You can approach the at-fault party's insurance company, or you can bring a lawsuit in civil court with the help of a Texas motorcycle accident lawyer.
If you already approached the at-fault party's insurance company but they rejected your claim or are taking too long to provide payment to you, it's wise to contact an attorney for help. Unfortunately, insurance companies don't always play fair. They want to avoid approving claims so they can avoid paying victims.
Make no mistake: these companies are in the business of making money. An insurance adjuster will arrive to evaluate your damages but may not come up with a number that adequately compensates you for your losses. They may deny your claim by arguing that you're responsible for the accident, even if you aren't. Insurance companies often make these claims a long, tedious, drawn-out process on purpose to discourage you from pursuing the money you deserve. Your calls may go unanswered, or the company may ask for more information after it's had the claim for months already. Why? Because these companies use “deferring” as a strategy to make you go away and give up.
Insurance companies also use a strategy called “lowballing,” which involves settling fairly promptly - but for a monetary amount far less than the true value of your claim. Don't fall prey to this. If you have a lawyer on your side, the story changes. Lawyers can skillfully negotiate. They can counter all the misinformation, delay tactics, and tricks that insurance companies use. An experienced Houston motorcycle accident attorney can get insurance companies to release the check or offer additional compensation. Additionally, lawyers can assess whether the offer amount is fair given the extent and nature of your injuries.
Finally, if the insurance company continues being unreasonable, you and your attorney can file a lawsuit. Insurance companies don't like to get involved in prolonged litigation because they have to pay their attorneys to handle the case, which will be heard in court before a judge and jury. These decision-makers may show more sympathy to you as they aren't part of the insurance company. If the insurance company thinks you stand a good chance in court, it might settle before the trial even starts.
First off, the initial meeting to discuss your accident is always free with us. A lawyer needs to know what occurred and what injuries you sustained before they can tell you if you have a case. Second, our motorcycle accident attorneys work on a contingency fee basis. Their payment doesn't come from your checkbook or wallet but from a percentage of the settlement you receive instead.
Never let financial anxiety prevent you from teaming up with an attorney and pursuing justice. We believe everyone deserves access to the legal help they need, and we've made it our mission to provide it.
If you're thrown from your motorcycle or otherwise severely injured, you may have no memory of the accident—just of waking up in an emergency room or hospital. If obtaining compensation for damages requires knowing who was at fault, what can you do?
Texas law requires reporting of accidents resulting in injury, death, or property damage sufficient that the vehicle isn't safe to drive. A crash report provides law enforcement's assessment of what occurred, the circumstances, and who seems liable for the accident. The crash report should contain information about the other driver and any eyewitnesses, and the emergency department or hospital you arrived at should have some information about what occurred. In fact, your wounds or other damage can serve forensically to identify what happened.
If all this fails or is insufficient (or if you have additional questions), our Texas motorcycle accident lawyers often work with professional investigative teams. Investigative teams can examine the scene (skid marks, impact traces, etc.), search for surveillance footage, and outsource experts to help them determine the causes of an accident.
If your loved one died in a Katy motorcycle accident, your grief and loss may seem overwhelming. You shouldn't have to struggle financially while in mourning. Fortunately, Texas law recognizes that there are financial, as well as emotional, ramifications of losing a loved one. The law allows certain family members to bring a wrongful death lawsuit if a motorcycle accident occurs, for which the decedent could have filed a Katy motorcycle accident claim had they lived. Eligible family members are:
If none of these folks take steps to file a wrongful death lawsuit, then the executor or personal representative of the decedent's estate may file the claim. Wrongful death suit filings often seek damages in the following categories:
Motorcycle accident victims often feel pain, trauma, and even amnesia in the aftermath of a crash. Therefore, it's a good idea to know the protocol for what to do if you're injured in a motorcycle accident in Katy.
You may be able to obtain compensation for your injuries either through the insurance coverage of an at-fault driver or through a personal injury lawsuit against the at-fault party and/or his or her insurance company.
Our experienced Houston motorcycle accident lawyers can answer your legal questions about liability and the value of your case based on the expenses you've faced. They can also assist you by negotiating with insurance companies for a fair settlement or representing you at trial if necessary.
Trust Guss Injury Lawyers' legal team has been nationally recognized for protecting the rights of injured victims for more than 20 years. If you were injured in a motorcycle accident in Katy, call our office now to schedule a free consultation! Because we take all motorcycle injury cases on a contingency fee basis, you will not owe us a dime unless we win your case. We are available 24 hours a day, seven days a week; contact us now by phone or online.
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Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.
From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.
Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!
I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...
The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable. They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner. They answer your questions and concerns appropriately for all parties involved. I recommend Mr. Guss to anyone...
I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!
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