Table of Contents
- Hurt in a Motorcycle Accident? Call Our Legal Team for Help!
- What to Do After A Motorcycle Accident
- Common Motorcycle Accident Injuries
- Handling A Motorcycle Accident
- Who is Liable in a Motorcycle Crash?
- How to Protect Your Rights After a Motorcycle Accident
- Houston Motorcycle Accident Lawyer FAQs
- Why Choose Our Team?
Hurt in a Motorcycle Accident? Call Our Legal Team for Help!
Some would say there’s nothing better than cruising down the open road on a motorcycle… But sometimes when you hit the road, the road hits back.
All motor vehicle accidents can result in injuries, but motorcycle accidents can be particularly devastating since riders are more exposed and vulnerable than car passengers. Even when motorcycle riders are cautious and equipped with the best safety gear, their lives can be forever changed by one wrong turn.
If you or a loved one suffered injuries in a motorcycle wreck and are in need of help, look no further. Our Houston Motorcycle Accident Lawyers at The legal team of Stewart J. Guss, Injury Accident Lawyers can connect you to the resources and care you need, and bring you the justice you deserve.
Our Houston motorcycle accident lawyers are here to provide a FREE consultation, 24 hours a day, seven days a week. Call us right now at 800-898-4877. If you’ve got questions, we’ve got answers. Should you decide to hire us, you’ll pay nothing upfront, and you will pay absolutely nothing at all unless and until we’ve won your case! That’s our promise to you.
Additionally, if you are coping with injuries after your motorcycle accident and you are uninsured or cannot afford health insurance deductibles or co-pays, we may be able to help you obtain the medical treatment you need – at no upfront out of pocket cost to you. Contact us to learn more.
Since establishing our headquarters in Houston, Texas in 1999, our firm has grown to numerous locations across the country, including hubs in Dallas, New Orleans, Los Angeles, and Atlanta. Along the way, we’ve built a trusted network of partners throughout all 50 states who share our values and our commitment to excellence.
**No matter where you are, it’s our mission to insure that you have the finest representation for your case.**
Reach out now to learn more about how we can help.
Pros and Cons of Riding in Houston, Texas
Whether you zoom down a highway or take a winding rural route, Texas is an ideal place to explore on a motorcycle. The weather in Texas is generally perfect for riding as well… except for those occasional heatwaves or floods.
No one knows these joys – and dangers – better than attorney Stewart Guss. He proudly bears the M status on his driver’s license and spends many hours enjoying the beautiful Texas highways on a motorcycle of his own. With his years of experience on the road, he understands the particular risks and rewards of riding a motorcycle, inside and out.
Even the most defensive motorcycle riders take a chance every time they rev up their engines. Statistically speaking, you’re more likely to be involved in a motor vehicle accident while riding a motorcycle than while riding in a car or truck. Even with full protective gear, you are more likely to sustain more severe injuries in an accident on a motorcycle than if you were riding in a car. In fact, according to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are five times more likely to suffer injuries in accidents than occupants of passenger vehicles like cars and trucks.
*There were 11 additional motorcycle accident fatalities where it was unknown if the driver wore a helmet.
Here in Texas, motorcycle crashes happen all too regularly. Consider the following statistics reported by the Texas Department of Transportation (TxDOT): There were 9,655 motorcycle accidents reported in a single year in Texas. 501 motorcyclists did not survive, and only 14% percent of motorcyclists walked away unscathed after a crash.
What to Do After A Motorcycle Accident
When a crash happens, your world comes to a total standstill. Your thoughts are swirling and it can be hard to know what to do next. We understand, and we’re here to help.
While there are steps that accident victims can take to protect their rights, we realize these steps aren’t possible for everyone right after a crash. The following are some things to keep in mind depending on your specific situation.
If you have serious injuries:
If you can tell right away you suffered serious injuries in a motorcycle accident, you should stay put. If others are involved, you should not try to move accident victims from the scene, unless they are in danger of being hit by traffic. Moving an injured victim can significantly worsen spinal injuries, fractures, and other traumatic injuries. If others are helping you, make sure someone calls 911 before doing anything else.
In this situation, paramedics will likely transport you directly to the hospital for emergency trauma care.
At this point, don’t worry about what’s happening at the accident scene. Health should be your priority. Some motorcycle accident victims are unconscious at the scene and wake up in the hospital. If this is the case, try to stay calm as you put together what happened and why you’re there. Follow the doctor’s orders to prevent complications and hope for the best possible prognosis.
If you can remain at the scene:
If you feel “okay” after a crash, you still need treatment. However, you can utilize the time you have until the paramedics arrive in the following ways:
- First, move out of the roadway and dial 911.
- Do not move your bike before taking a few quick photos. The placement of your motorcycle and related vehicles will be helpful for determining the cause and fault of the crash.
- If the other driver seems drunk or agitated, steer clear until police arrive and NEVER confront them.
- When EMTs arrive on the scene, have them check you out to see whether you may need an ambulance ride.
- Tell the police officers everything you remember about what happened. Avoid apologizing or making any statements that could be twisted as admitting fault for the crash.
- Take photos of your injuries, any property damage, and your surroundings (for example, if you or the other driver struck a sign or a tree.)
- If any witnesses stopped to gawk or help after your motorcycle crash, ask for their contact information. These people can provide vital information that may be missing from police reports.
After leaving the scene of the accident:
After you leave the scene of a motorcycle crash, head to the nearest emergency room or urgent care center. (You could try to make an emergency appointment with your usual doctor, but many PCPs avoid treating accident victims due to insurance disputes.)
Even if you didn’t need an ambulance, you may still have serious injuries you don’t notice at first. You need a proper and timely diagnosis. Prompt care is important for obtaining medical records that show your diagnosis and treatment recommendations. These records will be used to prove your injuries in an insurance claim.
Any accident can be traumatic. Once you’re home, we know you’re still feeling rattled. In your time of need, call an experienced motorcycle accident law firm. In many cases, you’ll be able to seek compensation for your medical bills and other losses. You want the right lawyer helping you throughout this process in order to minimize your out-of-pocket expenses. We offer a FREE consultation for your motorcycle accident, and we’re available to answer your call 24 hours a day, seven days a week. Call us right now at 800-898-4877, or CLICK HERE to submit your case for a free evaluation.
Common Motorcycle Accident Injuries
As we mentioned before, according to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are five times more likely to suffer injuries in accidents than occupants of passenger vehicles like cars and trucks. Motorcycle accident injuries can range tremendously in severity and nature, but even relatively minor accidents can leave victims with serious injuries or scars because motorcyclists are fully exposed to the elements around them.
For example, even low-speed collisions can throw motorcyclists off their bikes, resulting in road rash, lacerations, cuts, bruises, and even broken bones. Consistently wearing the right safety gear, including a helmet, boots, gloves, and thick clothing can help protect from certain injuries. However, even the best motorcycling gear can’t shield you from the crushing impact of a large vehicle.
Helmets are the most important safety requirement of all—you’re more likely to die in a Texas motorcycle accident without one.
Common injuries that can occur in serious motorcycle accidents include:
- Traumatic brain injuries – Head trauma is unfortunately common in motorcycle wrecks. When the force of an accident jolts your head, your brain can hit the surface of your skull and get bruised. Traumatic brain injuries (TBIs) can happen this way, or if a rider’s head hits the ground or another vehicle. Even mild brain injuries can leave victims with serious symptoms that last for months, and more serious TBIs can result in long-term disabilities that profoundly impair victims’ physical or cognitive functioning.
- Spinal cord injuries – Also known as SCIs, spinal cord injuries are another common outcome in serious motorcycle accidents. Spinal cord injuries are among the most serious and dangerous types of injuries a person can sustain, as they often result in total or partial paralysis. How does this happen? The spinal cord consists of a fragile network of nerves that allow the brain to communicate with the rest of the body. This makes it prone to significant complications. With an incomplete spinal cord injury, communication is not completely disrupted, so a person still has some feeling and function below their injury site. With a complete spinal cord injury, however, the brain can no longer communicate with the parts of the body below the injury site, generally resulting in paralysis.
- Soft tissue injuries – Soft tissue injuries damage skin, fat, synovial membranes, muscles, tendons, and ligaments. They are commonly overlooked or brushed off, much to the detriment of crash victims. Even scrapes and cuts from a motorcycle accident are prone to infection if not treated properly! More serious soft tissue injuries can threaten lives and require immediate medical assessment. Herniated discs or bulging discs are one form of soft tissue injury that worsens over time and may leave victims with chronic pain and restricted mobility.
- Face and head injuries – Many motorcyclists don’t wear helmets with face guards… or worse, they don’t wear a helmet at all. When you go flying over your handlebars, your head is often the first thing to meet the ground. This is especially common in rear-end collisions, whether the motorcyclist was the front or rear vehicle. You may end up with serious face injuries or head injuries. A broken nose or fractured cheekbone can require surgery and permanently alter your appearance.
- Dental injuries – Broken jaws and chipped teeth are common in motorcycle accidents. Broken jaws often require wiring that keeps a patient from eating solid food or speaking normally for weeks, and dental work for chipped teeth can get expensive. Stay cautious and choose a motorcycle helmet with a faceguard to lower your risks.
- Fractures – During our childhoods, plenty of us broke a bone or two. However, all fractured bones require immediate medical assistance. A doctor will need to identify the location of the fracture and determine the best method of stabilizing that body part while the bone heals. This can include a cast, splint, brace, or a boot. Even simple fractures take weeks or months to heal and keep you out of work. However, many fractures that motorcyclists experience are significantly more severe. A compound fracture occurs when the bone breaks through the skin, and these fractures almost always require immediate surgery to prevent infections and set the bone. Multiple fractures or shattered bones will require the surgical implantation of pins, plates, or screws to help the bone heal properly. Recovery from surgery can be long and painful, and despite doctors’ best efforts, the bone may never heal exactly right. This can cause lifelong impairments for accident victims.
- Internal injuries – You know you need to get in an ambulance if you see a bone poking through the skin, but did you know there are plenty of severe injuries that are invisible to the naked eye? Internal injuries are very common when the body experiences severe trauma in a motorcycle wreck. You can suffer nonobvious fractures, including a fractured pelvis or broken ribs. A traumatic impact can cause serious damage to your major organs, including your liver, spleen, lungs, kidneys, or heart. You can also experience internal hemorrhaging due to your injuries. Blood can fill your abdominal cavity while you experience dangerous blood loss. Don’t gamble when it comes to life-threatening internal injuries – every motorcycle accident victim should get emergency medical care.
Because of the rush of adrenaline, our bodies produce after a motor vehicle accident, you may not feel the brunt of your pain until hours or days afterward. We’ll say it one last time to drive it home: seek medical attention. This will let doctors identify any injuries and allow you to start any necessary treatments as soon as possible for the best chance at recovery. Also, it will create an official medical record that you can use as evidence in your case, either in settlement negotiations with the insurance company or at trial.
Handling A Motorcycle Accident
All accident victims incur extensive losses. Injuries are difficult to deal with as it is, but the additional losses you may experience after a motorcycle crash leads to even more stress and frustration.
The extent of a motorcycle accident victim’s losses depends on the nature and severity of their injuries. Victims with catastrophic and permanently disabling injuries can see losses soar into the millions of dollars quite easily. On the other hand, an accident victim with a broken elbow may have a few thousand dollars in losses.
But rest assured: all victims deserve fair compensation. No one deserves to pay for an accident that wasn’t their fault. If you have ANY expenses or losses AT ALL, you should receive compensation from the party that caused your crash.
Losses will vary drastically from case to case. The best way to know what your motorcycle accident claim is worth is to contact our office directly for a FREE case evaluation.
Below are some examples of common losses after a motorcycle crash.
- Medical expenses – Every motorcyclist involved in a crash should receive medical attention right away, but we all know how those ambulance rides and emergency room stays can add up. Extended hospital stays are common if an injury needs surgery. Motorcycle crash victims may also rack up costs for surgeries, post-op care, physical therapy, rehabilitative therapy, home health care, medical equipment, medications, and more.
- Lost earnings – Many injuries can leave you unable to work. This recovery time period can be anywhere from a few days, a few months, or even permanently. Time off work to rest and recover is a mandatory part of many medical treatments. Your specific type of injury may also prevent you from completing your old job duties. For example, you can’t work in construction with a broken leg or lift heavy loads with herniated discs. Neck and back injuries can even interfere with your ability to work at a desk job. Time is money, and you’re losing money for every shift you have to skip… at a time when you need it most. Even if you have some paid time off available, it can run out quickly and will likely have to take unpaid leave. This lost income can disrupt your entire household budget and create significant financial stress.
- Future losses – When you think of the damage the motorcycle wreck has left you with, you may think of your injuries and medical bills, repairs for your motorcycle, and missed paychecks. However, most people forget to consider the losses they will incur in the future. The fallout from your motorcycle wreck does not automatically stop with the resolution of your insurance claim or legal case. Damage from the accident can follow you for the rest of your life. A motorcycle accident lawyer knows how to look at the big picture and calculate the costs of medical care you might need in the future, as well as future lost income and lost earning power if your injury permanently affected your ability to work.
- Noneconomic losses – Not all losses come with an itemized bill. Many motorcycle accident survivors deal with post-traumatic stress disorder, not to mention the physical pain and suffering from their injuries. They may be unable to return to the hobbies they enjoyed, or they may be permanently paralyzed or disfigured. These are real problems that deserve real compensation, and a motorcycle accident injury lawyer can help you fight for justice.
The entire purpose of an insurance claim or personal injury lawsuit is to seek damages and get compensated for your various losses. However, the insurance company and liable party won’t trust your word when it comes to the amount of damages you claim. Instead, you’ll need to provide evidence to support your damages. This can be more difficult than you might think.
Past medical expenses and lost wages are relatively simple to prove, as you can present your bills and pay stubs to demonstrate those monetary losses. However, future losses and noneconomic losses are both much harder to calculate and demonstrate. You need to enlist the help of a professional motorcycle accident attorney.
Our law firm regularly works with clients coping with catastrophic injuries and disruptions to their livelihoods. With over 20 years of experience, we have the knowledge and assistance from medical, financial, and occupational experts who can calculate your future medical costs and lost earnings. We’re also highly familiar with how our Texas legal system treats noneconomic damages, so we can assess your case and determine the amount we believe you rightfully deserve.
Calculating damages is only one of many critical aspects of a motorcycle accident case, as you must also prove who was liable for the crash. Stewart Guss and his team of motorcycle accident attorneys and legal professionals know how to handle EVERY aspect of your motorcycle accident claim. Give us a call right now at 800-898-4877 for your FREE case evaluation. Or, if you prefer, CLICK HERE to send us a question.
Who is Liable in a Motorcycle Crash?
Even if you walk away relatively unharmed in your motorcycle accident, your bank account might still take a beating. If the accident was not your fault, you and your wallet don’t have to suffer. Someone else may be held liable for your accident-related losses.
An experienced Houston motorcycle accident lawyer can help you get informed about your rights and your options, as well as evaluate your case and your claim. In this stressful situation, they’re someone you want on your side. You have nothing to lose, and everything to gain.
In most cases, you can hold another party liable for your injuries and losses if that party’s negligence caused your accident. Many different parties may face negligence in motorcycle crashes, including:
- Distracted drivers
- Impaired drivers
- Aggressive drivers
- Drivers who fail to yield
- Drivers who make improper lane changes
- Companies that sell defective motorcycles or motorcycle parts
- Transportation departments that allow dangerous or defective roads
Fact: Distracted driving is a leading cause of motorcycle accidents in Texas. Motorcycles are already more difficult to see on the roads due to their smaller size, and because drivers are primarily on the lookout for cars, trucks, or other larger vehicles sharing their space. It is all too easy to miss a motorcyclist in a rearview mirror or blind spot and try to turn or change lanes right in front of them. Still, the law requires drivers to adequately watch for all types of vehicles on the roads, including smaller vehicles like motorcycles and bicycles.
Once you identify one or more negligent parties who have caused your accident, you have options for obtaining the compensation you deserve. In many cases, the first step is to file a claim with the negligent party’s insurance company. While insurance claims may seem fairly straightforward, the process can be intimidating and complicated, especially if you’ve never filed a claim before.
Insurers will try to limit any payouts by challenging liability or even arguing about the extent of your injuries and losses. They will try to make you doubt yourself, but a skilled motorcycle accident attorney can protect your rights during this precarious process.
Insurance companies are notorious for reviewing a claim and offering only a fraction of what you deserve. This doesn’t mean you deserve less—it only means that insurance companies can be greedy. They make lowball offers in hopes that you don’t know any better and will simply accept the offer.
With your settlement, you also waive your right to take any additional legal action regarding your accident… which means you can’t ask for more once you realize how insufficient the settlement really was. For this reason, you should ALWAYS have our skilled legal team review settlement offers before you sign or accept ANYTHING.
It’s our mission to ensure you don’t walk away with less than you need and deserve.
If an insurance claim will not cover your losses, Stewart Guss’s motorcycle accident legal team can file a personal injury lawsuit on your behalf. Our office will then handle all aspects of your case. We will try to reach a favorable settlement agreement, or even represent you at trial if needed. Contact our law firm as soon as possible for a free consultation at 800-898-4877, or contact us online to send us a question or get more information. We are here to help, and you pay NOTHING unless and until we’ve won your case.
How to Protect Your Rights After a Motorcycle Accident
It would make motorcycle accident victims’ lives a lot easier, but even in cases where the other driver is clearly at fault, compensation is not automatically placed in your hand. Obtaining compensation usually requires assertive, affirmative steps on the part of the victim and their legal team, and victims can accidentally do things that hurt their chances of recovering compensation.
After an accident, follow these tips to maximize your chances of recovery:
- Collect and preserve information about your crash. After an accident, take the time to document as much information about your accident as possible. If you are not injured enough to require emergency medical attention, try to gather evidence at the scene of the accident. Take pictures of the aftermath of the crash from multiple angles, highlighting the damage to your motorcycle as well as any road or vehicle defects that you believe may have contributed to your accident. Collect contact information from anyone who may have witnessed the wreck.
- Keep documentation about how your injuries hurt you. Journaling isn’t just for middle-schoolers. Putting your pain and suffering into words via a daily log can be immensely helpful proof. Documenting the aftermath of a crash is just as important as collecting evidence at the scene. Keep detailed notes about your pain levels, problems sleeping, activities you must skip, and how your injuries damage you emotionally or psychologically.
- Stay off social media. In the age of Facebook, Twitter, Instagram, and their inevitable successors, a motorcycle accident may seem like a life-altering event you simply must share or vent about. One word: don’t. The other party or parties can use anything you post as evidence that you were partially (or totally) at fault for your accident, or that you are not as injured as you claim. We know it’s tough but refrain from using social media at all while your case is pending.
- Do not accept an insurance company’s settlement offer before speaking to a motorcycle accident lawyer. Insurance companies offer settlements to many motorcycle accident victims shortly after their accidents, trying to swoop in before they have an opportunity to retain legal counsel. Be warned: these first offers are usually far less than the compensation you truly deserve. Also, most motorcycle accident victims do not have experience determining the value of personal injury cases. While losses like property damage and medical expenses are relatively easy to determine, this is not the case when it comes to noneconomic losses like pain and suffering and loss of quality of life. For this reason, always have a law firm review the facts of your case before accepting a settlement offer. You don’t want to prematurely release the at-fault party from any future liability for the accident.
A Houston Motorcycle Accident Lawyer FAQs
Have you suffered injuries in a Houston motorcycle accident? Are you unsure of what happens next? We understand. As seasoned Houston motorcycle accident injury lawyers, we also know how to fight aggressively to get you the money you deserve.
A motorcycle accident is no small hiccup. Injuries of any kind can ruin your life, and they’re especially tragic when they’re not your fault. To help you get back on your feet after a motorcycle accident, you need a lawyer who takes your pain seriously, who can work tirelessly to get you paid by those whose actions or decisions put you in harm’s way, and who has the know-how to answer your most pressing questions, like:
What is my motorcycle accident case worth?
This is the most frequent question we get from clients injured in a Houston motorcycle accident. While we’d love to tell you a number, the real answer is: it depends. Every case and every injury is different. But here’s some good news: Depending on what happened in your bike wreck and who was at fault, you could have the right to obtain substantial compensation. This includes money for damages like:
- Pain and suffering
- Lost wages
- Lost earning potential
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
- Past, present, and future medical bills
- Rehabilitation costs
- Home renovation expenses
Motorcycle accidents can inflict costs from a few thousand bucks to millions of dollars. While we cannot guarantee you will recover that kind of money for your accident, your ability to get paid depends on the facts of your accident and on the assets of the person or business with legal liability to you. The best way to get an estimate of what you might recover for your injuries is to work with an experienced Houston motorcycle accident injury attorney.
How do I hold the other driver at fault?
You don’t do it by throwing punches! Not literal punches, at least. Let a lawyer do the fighting for you instead. It’s their job to protect and enforce your legal rights and see that you get paid for your injuries. Anyone whose dangerous decisions and reckless actions led to your wreck could be held legally liable. Also, keep in mind that the other driver is just one of many people who might have legal liability to you for the injuries you suffered in a bike wreck.
A whole range of potential culprits who might have liability for hurting you. Experienced Houston motorcycle crash lawyers know where to look. Culprits may include:
- The other driver. Definitely at the top of the list of people to investigate – particularly if the accident involved the driver making a foolish move like turning across your lane of traffic, or crowding you out of your lane without seeing you in a blind spot.
- A business. If your wreck involved a collision with a commercial car or truck, then the driver’s employer might have liability to you. That kind of liability can sometimes be a silver lining in a Houston motorcycle crash case, because businesses often carry more insurance than individual drivers do.
- A parts manufacturer. Did you know? If a mechanical failure of your bike or the other vehicle led to your wreck, then the maker of the part that failed could face liability for selling a product that was defective and dangerous.
- Local government. As a biker, you probably know all-too-well how dangerous a sudden change in the road surface can be… Not to mention the risks of riding on a road littered with cracks and potholes. Local governments should, at the very least, warn you about those dangers. They put you in harm’s way when they refuse to fix these public issues. This can make them liable for your injuries.
Every crash is different, of course, and the list above doesn’t begin to cover all the parties who might owe you money for your injuries. Ask an experienced Houston motorcycle accident lawyer about who might have liability to you.
Fast Resolutions ≠ Best Resolutions
Won’t taking the settlement offer from the other driver’s insurance company end this faster? Maybe, but that could be bad for you.
You might think, a settlement can’t be bad! I get money in my pocket right now!
Be careful. That’s exactly what the insurance company wants you to think.
By giving you a quick settlement for a low amount of money, they hope to make you go away forever. If you jump at the first offer you receive, signing that settlement might waive your right to bring forth any future claim for your motorcycle accident. By the time you realize your settlement funds don’t even begin to cover your medical bills and other needs, it’s too late.
Don’t let this happen to you! Instead, work with an experienced, skilled Houston motorcycle accident lawyer who knows how to accurately estimate your financial needs – past, present, and future. You likely have rights to compensation for all of your past and future medical expenses, lost wages, property damage, and the pain and suffering you and your family have endured.
To avoid the insurance company taking advantage of you, hire an aggressive advocate who can protect your rights. Place your focus where it should be: on recovering from your injuries. Let a lawyer with sharp negotiating skills deal with the insurance company on your behalf. With the right motorcycle accident lawyer in Houston on your side, you’ve got the best possible shot at recovering the damages you deserve.
What if someone tries to blame me for the accident?
Here’s an open secret that all personal attorneys know: someone will almost definitely try to blame you for the accident that injured you. At some point along the way, an insurance adjuster or a defense lawyer will point the finger at you. That’s just what they do: blame the victim so their customer/client gets off the hook for owing monetary damages.
Don’t sweat it. Instead, consult with our experienced Houston motorcycle crash lawyer right away. Attorneys for motorcycle accident victims have seen the whole “blame the victim” tactic used in court over and over again. We know how to handle it, how to combat it, and how to prove that you deserve substantial money damages—not blame—from legally-liable parties.
However, it doesn’t hurt to watch what you say about your bike wreck. You’ll want to minimize the chances of an insurance company or defense attorney finding any fuel to blame you for your own injuries. Sometimes motorcycle accident victims make offhand comments about the crash that someone could misinterpret as them taking the blame – things like “I should have seen him coming” or “If only I’d slowed down a second earlier….”
Keep those thoughts to yourself. Remember it’s a two-way street, so to speak: the other driver should have seen you coming. Don’t blame yourself if the other driver failed to drive safely. Let your lawyer stand up for you instead.
What if I wasn’t wearing a helmet?
It’s common sense: Motorcycle helmets save lives. We encourage every biker to wear one, because we care about your health and we’ve seen the tragic, deadly consequences of wrecks involving unprotected riders.
However, in Texas, state law does not require most motorcyclists to wear helmets if they complete a safety course or have extra insurance. This means not wearing a helmet has no impact on your right to recover compensation for a crash that someone else caused.
Be warned, though, that if you get into a wreck without a helmet and suffer a traumatic brain injury, insurance companies and defense lawyers will most definitely argue that you made your own injuries worse by not wearing a helmet. Sometimes that argument works with a judge and jury in reducing an injured rider’s damages, and sometimes it doesn’t.
How long do I have to file a claim?
In Texas, injured bikers and their lawyers only have two years from the date of a motorcycle accident to bring a claim against the at-fault party.
Two years might sound like plenty of time, but they go by in a flash, especially when you’re facing a long, expensive road to recovery. Time passes quickly when your attention is focused on the stress and strain of dealing with:
- Extended hospital stays
- Multiple surgeries and doctor visits
- Long rehabilitation
- Financial woes
- Missed work
- Strained personal relationships
- Diminished quality of life
Plus, preparing a legal claim for damages is a time-consuming endeavour for your lawyer. It involves collecting evidence, following up, and keeping track of paperwork for the duration of your treatment… and the vital evidence you need in order to prove your claim starts disappearing the moment a clean-up crew arrives at the accident scene. The best time to collect evidence, get witness statements, and start chasing down the parties legally at-fault is now, not later. Don’t delay. Get experienced Houston legal help today.
What can I do to help?
First and foremost, feel better. Seek medical care right away after an accident (even if you don’t think you “feel” injured), and follow all of your doctor’s recommendations. Don’t try to “tough it out” through an injury. Not only will that make your health worse, it will also harm your ability to recover the compensation you deserve from the parties at fault for the accident. Go see a doctor, plain and simple.
Next, save any records that relate to your wreck and injuries, even ones that only seem tangentially related. Do not throw away medical records and bills, insurance statements, receipts for prescriptions or medical equipment, pay stubs from the job you have to miss because of getting hurt, or invoices for anyone you had to hire to help out with your daily activities.
All of these could end up proving extremely valuable to your lawyer when it comes time to get you paid.
Finally, be extra cautious when dealing with insurance companies. You might need to give notice to your own insurers about the accident, which is fine so long as you take care to stick to the facts and not say things that someone could misinterpret or twist. However, if someone else’s insurance company reaches out to you, be careful! The only reason for that kind of outreach is to try to get you to say or agree to something that will harm your claim for damages. Do not fall for their tricks.
Why Choose Our Team?
As a motorcycle driver and personal injury lawyer for almost 20 years, Stewart Guss is acutely aware of the particular dangers facing riders. He has a history of obtaining major financial recoveries for many of his fellow Houston motorcyclists injured in accidents. Stewart and his team know how to seek maximum compensation for you if you suffer injuries on your motorcycle.
Remember: you don’t pay anything unless you win your case!
In addition to our firsthand understanding and appreciation of motorcycle culture in Houston, the following are some additional factors that allow our law firm to stand out among the rest:
- Client-first focus is the cornerstone upon which Stewart Guss builds his outlook and his team. You will be treated with the respect and compassion you deserve, and never like just another case number.
- With decades of combined experience, Stewart Guss and his team will tirelessly work to recover as much as possible on your motorcycle accident claim.
- Motorcycle cases can be complex, but our experienced legal team has an in-depth knowledge of catastrophic injury claims and insurance industry tactics.
- We offer free consultations, and there are never any upfront costs for partnering with us.
Not many law firms around Houston can say all of the above about their team. Our law firm strives to provide personalized representation and get the results you deserve.
Your goal is our goal, and we will fight for your claim every step of the way.
Call us right away at 800-898-4877, or CLICK HERE to send us a question or get more information.
You Want an Experienced, Aggressive Law Firm
Many lawyers rely on their decades of law experience to try to attract clients. However, the type of experience someone has is more important than the length of their experience. This is especially true in cases involving severe motorcycle accidents. Even if a lawyer handles thousands of small car accident claims, handling a case involving disabling and catastrophic injuries from a motorcycle wreck is a completely different ballgame. You specifically want a law firm that takes on cases for clients with severe and life-altering injuries.
In addition to experience, you want a law firm that is not afraid to fight for you. Insurance companies can be bullies, especially to unrepresented claimants or attorneys unfamiliar with the process.
Rest assured the legal team at the office of Stewart J. Guss knows the ins and outs of the insurance process, as well as each insurance company’s approach. We know how to play hardball with insurance companies – and win. Because we have a reputation as a strong and aggressive law firm that won’t back down, insurance companies know that they can’t pull the wool over your eyes. This results in faster favorable outcomes for our clients.
If you ever suffer injuries while riding a motorcycle, don’t wait. Hire an effective and experienced law firm to protect your rights. Stewart Guss and his team have the experience, skill, and dedication to maximize your recovery in the unfortunate event of a motorcycle accident. We will always be there for you in your time of need. Your victory is our victory, and that philosophy shines through in every case we handle.
Contact Our Houston Motorcycle Accident Law Firm Now
After a traumatic motorcycle accident, call the legal team at Stewart J. Guss, Injury Accident Lawyers, to discuss what comes next.
Do not sign anything until you speak with us because you risk losing some or all of the compensation to which you are entitled. You need advice. You need allies. You need advocates.
If you were injured in a motorcycle accident, speak to our Houston motorcycle injury legal team as soon as you can. We are nationally-recognized for protecting the rights of injured motorcycle accident victims for more than 20 years.
Confidential case evaluations with live legal experts are available now, 100% free. Because we take all of our personal injury cases on a contingency fee basis, you will not owe us a cent unless we win your case. We are available 24 hours a day, seven days a week, so call us today at 800-898-4877 or contact us now by CLICKING HERE.
One accident can change your life, but so can one victory with us. Don’t take chances – let us help you!
Don’t Take Chances—Let Us Help You!
“I was extremely impressed with how easy they made the process of dealing with my insurance company, doctors offices, and other bill collectors involved in my accident. They are very good at keeping you informed about your case, and turn your calls very quickly. If I am ever in another car accident I will be using them again.”
Rating: 5/5 ⭐⭐⭐⭐⭐
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