Grim Facts About Motorcycle AccidentsAny motor vehicle accident is dangerous, but motorcycle crashes tend to be more hazardous, especially for the rider.
No Protection Against Crash ImpactBikes do not provide the necessary protection against a crash impact. Unlike other vehicles with exterior enclosing, safety belts, or airbags to shield the body from the collision, the motorcyclist’s body takes it all. This results in severe bodily harm that can be life-altering or even fatal. Injuries such as brain and spine damage, road rash, broken bones, internal bleeding, burns, loss of limbs, and neck injuries are common among motorcycle accident victims in Corpus Christi. The subsequent hospitalization and treatment can be costly, leading to massive financial losses. Moreover, the severity of the injuries may keep one from working for extended durations, depleting their finances further.
A Mix of Pleasure and PerilRiding a motorcycle is an exhilarating experience owing to the freedom it provides. With easy maneuverability and lightweight, getting atop the two-wheeler always opens one to a great adventure. Whether biking for pleasure or commuting to work, a motorcycle makes a convenient vehicle choice. On the flip side, motorcycling comes with several challenges, making it pretty dangerous. These include little resistance to road hazards (uneven road surfaces, potholes, debris, wet road surfaces), reduced stability, less visibility to cars, unaccommodating motorists, and so forth. Nonetheless, no matter how you met the accident, we are here to help you explore your legal options and hopefully recover your losses.
Why Hire Stewart J. Guss, Injury Accident Lawyers?Corpus Christi has a long list of outstanding law firms run by lawyers experienced in different practice areas. From car and truck crashes to personal injury and worker’s compensation, wrongful death, and motorcycle cycle accident attorneys, the city has the legal machinery to handle the various civil and criminal cases that arise. Faced with a sea of law firms to choose from, you may have a dilemma choosing the one to represent you. Nonetheless, we are glad you have found us and look forward to learning more about your case. With over two decades of experience representing motorcycle accident victims across Texas, we have navigated the ins and outs of the settlement and litigation processes enough to provide the needed representation. Though we have a track record of impressive settlements and verdicts in motorcycle accident claims, we do not promise to win your case since no two claims are the same. However, once we evaluate your case and establish the at-fault party’s liability, we work to leave no stone unturned to fight for your compensation. Why choose us?
Flexible Payment OptionsWe understand the financial implications of sustaining injuries in a road crash. The mounting medical bills, lost wages, and psychological turmoil can plunge you into a deep mess. For this reason, we try to minimize your barriers to professional legal help by:
- Offering Free Case Evaluation - If you have suffered injuries or lost a loved one through a motorcycle accident caused by the negligent acts of another person, kindly reach out to us with your case details.
- Not Charging Upfront Fees - We earn on a contingency basis, meaning we recover our fee from the settlement after we win. So, if we do not win your settlement or judgment, you do not pay us. The only expense you incur is the administrative costs, which enable us to prepare the case, for example, the cost of gathering evidence.
Compassionate TeamBearing the blame for an accident caused by the negligent acts of another motorist is painful. It is even worse if the blame is placed on a deceased loved one whom you lost through a motorcycle accident that was not their fault. Hearing someone label them as reckless or having the insurance company deny their claim can drain your willpower to fight. Our team at Stewart J. Guss, Injury Accident Lawyers, understands the bias against riders injured in road accidents and is dedicated to helping you navigate the aftermath. With us, you get a compassionate team that understands your pain and quest for justice. No matter how the accident happened, you can talk to us about your legal options.
Dedicated AttorneysSuccessful settlement negotiation or litigation requires in-depth knowledge of state and federal motorcycles laws. Our lawyers are experienced negotiators and litigators who understand how your accident’s unique circumstances can affect the case. Having represented many motorcycle accidents victims in Corpus Christi, we can maneuver the challenges your claim might encounter on the way. We do not guarantee to win your case, but we promise to use our experience to fight for a fair settlement.
Defend Your RightsResearch indicates that other motorists cause most motorcycle accidents. At Stewart J. Guss, Injury Accident Lawyers, we understand your vulnerability as a motorcyclist, hence our commitment to defending your rights. We know the only way we can lobby for responsible driving is by pursuing action against those that hit motorcyclists. Poorly maintained roads also pose an immense danger to riders. Potholes, uneven road surfaces, and obstructing vegetation heighten the risk of motorcycle crashes. We do not hesitate to pursue the agencies responsible for maintaining roads whenever accidents result from hazardous roadways. Essentially, we can investigate all the possible causes of the accident to establish the liable parties and file for compensation. With the help of available evidence and relevant motorcycle laws, we can work to prove the at-fault parties’ negligence.
Proving NegligenceGenerally, we cannot claim someone was negligent without proof to support our arguments. For the insurance company to compensate you, the claim must satisfy the four elements of negligence duty, care, causation, damages.
- Duty of care - First, we would need to prove the at-fault party owed you a duty of care. For instance, the law requires all motorists to be mindful of other motorists and road users. By assuming control over the car, the driver owed you a duty of care.
- Breach of care - Second, we would need to provide evidence to show the at-fault party breached their duty of care. For instance, if the motorist ran a red light and hit you, we can try to retrieve a video recording or police reports to prove their breach of duty.
- Causation - Third, we would need to demonstrate their breach of duty caused your injuries. Here we may produce photos of the accident, the police statement, or the doctor’s report to support our claims.
- Damages - Fourth, we would need to prove the injuries caused you damages bodily injury and property damage. To do so, we may need to show the doctor’s report, medical bills, mechanic’s invoice, etc.
Countering Negligence ClaimsThe other parties may claim you were partly responsible for the accident. Refuting the claims might be challenging when this happens, especially where there is scanty evidence to reconstruct the accident. Texas applies the modified comparative fault rule. The rule bars you from recovering damages if your contribution to the accident is more than 50 percent. However, if you are 50 percent or less at the fault of the crash, you may recover damages net of your percentage contribution. Sometimes a motorcyclist may be partly responsible for the accident, e.g., riding within a vehicle’s blind spot. However, there are times when the negligence claims are out of malice and fronted as a strategy to deny fair compensation. If this happens, we can help the client fight the claims by demonstrating they are a responsible motorist. Some of the proofs we may rely on include:
- Positive driving record
- Motorcycle experience
- Familiarity with the area
- Motorcycle safety training
- Adherence to safety measures such as wearing protective gear
- Investigating the accident cause
- Assigning liability
- Collecting evidence
- Evaluating their losses
- Filing a claim
- Preparing expert testimony
- Negotiating a settlement
Possible Damages AwardedOur main aim is to enable you to recover full damages for the losses you incur following a motorcycle accident. Moreover, if you seek justice for a loved one lost through a motorcycle crash, we can help you recover wrongful death damages. Essentially, the damages depend on the extent of your injuries and their impact on your life. Examples of possible damages include:
- Medical Costs - Damages for medical costs constitute ongoing and future costs. Medical bills, rehabilitation costs, nursing care invoices, etc., can support ongoing costs. On the other hand, you can estimate future medical expenses based on the doctor’s report about your future medical needs.
- Loss of Wages - Lost wages damages encompass the income lost while recovering from the injury and any potential future losses if the injury interferes with your ability to perform former duties.
- Pain and Suffering - These damages compensate for physical pain and emotional distress. The amount you receive may vary depending on the extent of your injuries and the length of recovery.
- Property Damages - If your motorcycle is repairable, you may recover the cost of repairs. Otherwise, if it is totaled, the damages equal the motorcycle’s market value at the time of the accident.
- Loss of Consortium - If your injuries are severe, your spouse can claim loss of consortium damages as compensation for being deprived of companionship, assistance, affection, enjoyment of life, etc.
- Wrongful Death Damages- A spouse, children, or parents of a victim who died in a motorcycle crash caused by the negligent actions of others can file a wrongful death claim. Damages awarded depend on the recipient’s relationship to the decedent and their age. Some possible damages include pre-death medical expenses, funeral expenses, pain and suffering, loss of support, etc.
Statute of LimitationsEach state has statutes of limitations that define the deadlines for taking legal action following a personal injury. If you sustained injuries from a motorcycle crash in Corpus Christi, you should file a lawsuit within two years of the accident date. Generally, insurance claims for personal injury settle before going to trial. But if the insurer fails to settle your claim, and you believe you have enough evidence to support trial, you should sue the defendant(s) no later than two years after the accident. In the case of wrongful death, the statute of limitation is also two years. However, the deadline starts counting from the date of death, not the accident date.
Stewart J. Guss, Injury Accident Lawyers Can Assist You Recover DamagesIf you are sourcing for a Corpus Christi motorcycle accident lawyer, our attorneys at Stewart J. Guss, Injury Accident Lawyers, can help recover your damages. We are a team of experienced attorneys you can trust to walk you through this challenging moment. No one can guarantee a favorable settlement outcome. Neither does every case qualify to go to trial. But where the insurance company fails to compensate fairly, and there is enough evidence to support trial, our team of litigators is always ready to fight hard in court. We welcome you to share your case facts with us via our contact page. If we believe you warrant compensation have the evidence to prove the at-fault party’s liability, we do our best to negotiate a fair settlement.
What We Fight ForAs Stewart J. Guss, Injury Accident Lawyers, we are a law firm keen on defending the rights of motor vehicle accident victims. Our Corpus Christi lawyers have helped many personal injury clients recover their losses, including motorcycle crash victims. Led by Stewart J. Guss, the team consists of aggressive settlement negotiators and litigators well versed with the state and federal motorcycle laws. Our lines are on 24/7 to give those in need of legal help a listening ear when they need it most. We understand motorcycle accidents can happen at any time hence our round-the-clock availability to provide legal advice during your darkest moments. Since the steps you take immediately after the accident can break or make your case, having legal guidance by your side can make a huge difference. If you had a motorcycle accident in Corpus Christi or lost a loved one through a motorcycle crash wrongful death, and you need a lawyer to consult with, Stewart J. Guss, Injury Accident Lawyers can help. Contact us for a free case evaluation.
You Deserve JusticeRiding a motorcycle provides an unmatched thrilling experience. Adventure lovers enjoy the freedom that comes with cruising on the two-wheeler, while those using motorcycles for work purposes love it for the convenience it offers. However, the dangers of motorcycling are immense. Unaccommodating road users and risky road conditions pose a considerable threat to the safety of motorcyclists. While it is rare for other motorists to hit motorcyclists deliberately, they still cause most accidents through negligence. Three-quarters of motorcycle accidents result from a collision with another vehicle, and two-thirds of these accidents involve the other motorist violating the motorcyclist’s right of way. While most of the other quarter (single-vehicle accidents) is due to a rider’s error, some result from factors beyond the motorcyclist, such as hazardous road conditions (uneven road surfaces, potholes), animals on the roadway, and defective motorcycle parts. Despite the heightened dangers riders are exposed to, the bias against motorcycle accidents stands in the way of their justice. It is not unexpected for an insurance company to deny or discount a claim filed by a motorcyclist. Most claims involve substantial damages, as riders are prone to sustain severe injuries compared to the other vehicles’ occupants. While motorcyclists go through training on how to look out for their safety on the roads, some motorists do not know how to handle these small vehicle road users, leading to collisions. Poor visibility, speeding, and driver distraction are common causes of multi-vehicle motorcycle crashes. If someone else’s negligence caused your motorcycle accident, you deserve justice.
Texas Is an At-Fault StateEvery state has differing fault rules, and Texas is an at-fault state. This means that if you had a motorcycle accident in Corpus Christi, the at-fault party should compensate you for your damages. And at Stewart J. Guss, Injury Accident Lawyers, we help you prove their negligence.
Texas Modified Comparative Negligence RuleEven if you caused the accident, albeit partially, you could be entitled to some damages up to a certain level. Texas observes the modified comparative fault rule, which allows you to recover damages as long as your liability for the accident does not exceed that of the other party/parties. For instance, if you are 49 percent responsible for the accident, and the damages sustained amount to $100,000, you may recover $49,000.
Motorcycle Insurance Laws in TexasIn some cases, you might fail to recover damages from the other party. Examples of such instances include:
- Failing to prove the negligence of the other party
- Hit and run accident
- Collision with an uninsured driver
- Being more than 50 percent at fault for the accident
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
- Collision Insurance - Covers motorcycle damages sustained from a collision regardless of the at-fault party.
- Comprehensive Insurance - Compensates non-collision motorcycle damages caused by factors such as theft, fire, etc.
- Personal Injury Protection (PIP) - Covers you and your passengers. It caters to damages such as medical expenses, lost wages, etc.
- Uninsured/Underinsured Motorist Coverage - Covers your damages an uninsured motorist or a driver whose insurance cannot cover your damages hits you.
Determining Fault in Motorcycle AccidentIdeally, the law mandates negligent motorists to compensate for the damages from accidents caused by their actions. Negligence includes acts such as:
- Distracted driving
- Driving under the influence
- Fatigued driving
- Failing to yield
- Running a red light or spot sign
- Failing to drive for the weather
- Turning left without looking
Other Liable Parties
- Government - More than one party can be at fault for the accident in some instances. For example, the driver might have been distracted while driving and failed to notice a pothole in time to slow down. Without thinking, they may have swerved suddenly and ended up sideswiping you, or they could have braked abruptly, leading to a rear-end collision. While the driver may be liable for several traffic violations in this case, in their defense, they may blame the government for failing to maintain the road, introducing another responsible party.
- Manufacturer - A manufacturer can also be responsible for an accident. For example, the driver could have been new to the route and failed to see the pothole until a few meters away. They may have then signaled the emergency braking light, warning you of sudden braking. Unfortunately, despite the car being new or the light recently replaced, the indicator might have failed, causing you to crash into the vehicle. In this case, the manufacturer can be held responsible for the accident.
Basics of Proving LiabilityTo prove liability, we must satisfy the four elements of negligence. This means we must demonstrate:
- Duty - At-fault party/parties owed you a duty of care
- Breach - They breached their duty of care
- Causation - Their breach caused your injuries
- Damages - The injuries resulted in financial and emotional damages
- Police report
- Witness testimony
- Security cameras footage
- Medical records
Frequently Asked Questions
1. How much can I recover from a motorcycle accident injury claim?It would be misleading for anyone to tell you how much you can recover from your motorcycle accident claim. However, it is possible to anticipate the damages you are most likely to receive based on the severity of your injuries. Generally, you may expect to recover damages for your medical expenses, lost wages during your recovery, and property damages for repairing or replacing the motorcycle. Also, you may qualify for future medical costs and lost wages if the injuries are severe and likely to persist into the future or hinder you from performing your former duties. Alongside the special/economic damages, you may also receive general damages, i.e., compensation for pain and suffering, loss of consortium, etc. In case of wrongful death, the survivors of the decedent are entitled to damages such as the decedent’s pre-death medical expenses, loss of support, burial expenses, emotional distress, etc.
2. Is lane splitting legal in Texas?Texas transportation code prohibits lane splitting. If a vehicle hit you while lane splitting, you could be partly responsible for the accident. Different groups have been lobbying for the legalization of lane splitting. But until otherwise decided, lane splitting is not allowed.
3. Am I legally obligated to wear a helmet while riding a motorcycle in Texas?Generally, wearing a helmet while motorcycling is recommended for your safety. While the helmet does not entirely prevent injuries, it helps minimize the impact of the accident and the severity of the damages. In Texas, riders and motorcycle passengers under 21 years must wear a helmet. If you are at least 21 years, you may not wear a helmet as long as you:
- Have completed a motorcycle operator course
- Possess medical insurance cover for motorcycle accident injuries
4. Who is at fault in a no-contact motorcycle accident?Sometimes no-contact accidents happen, especially after a motorcyclist maneuvers to avoid colliding with a vehicle only to end up crashing. As long as the motorist acted negligently, causing you to maneuver dangerously to avoid a collision, they can be liable for the accident even if they did not hit you.
5. What if my loved one was killed in a motorcycle accident?If your loved one died through a wrongful death in a motorcycle accident caused by someone’s negligence, you could seek damages for their death. A lawyer can help you investigate the cause of their death, compile evidence, compute the appropriate damages, and file a compensation claim. Note that if you plan to file a lawsuit against the at-fault party, the statute of limitations (deadline) for wrongful death cases in Texas is two years from the date of death.
6. What should I do following a motorcycle crash?If you suffer injuries after a motorcycle accident, you should prioritize seeking medical help and preserving evidence to support your claims or refute negligence actions against you later. Essentially, you should:
- Report the accident to the police
- Exchange information (contact and insurance) with the other motorist
- Collect the contact information of eyewitnesses
- Take photos of your injuries, motorcycle damage, and accident scene
- Preserve evidence (damaged motorcycle, ruined riding gear, etc.)
- Seek medical attention
- Keep a file of medical records, prescriptions, bills, etc.
- Journal your recovery journey
- Consult a Corpus Christi motorcycle accident lawyer
- Report the accident to your insurance provider
7. Should I inform the police after a motorcycle accident?Yes. The law requires you to report to the police if the accident results in injuries, death, or substantial property damage. Besides, reporting the accident to the authorities creates an official record that you could use later to support your claim.
8. Must I hire a lawyer after a motorcycle accident?It is not a must you hire a lawyer after a motorcycle accident. However, legal processes are part and parcel of the accident’s aftermath, especially if there are damages. Hiring a lawyer helps you navigate the processes in an informed manner and avoid legal pitfalls that might compromise the strength of your case or reinforce the claims filed against you. Ideally, a lawyer helps you:
- Investigate the cause of the accident
- Collect the necessary evidence
- Calculate damages
- File a compensation claim
- Negotiate a fair settlement
- File a lawsuit (if necessary and viable)
- Represent you in court
Talk to Stewart J. Guss, Injury Accident Lawyers About Your CaseIf you plan to pursue compensation for injuries sustained in a Corpus Christi motorcycle accident or you lost a loved one through a wrongful death, a lawyer can help you explore your options. The team at Stewart J. Guss, Injury Accident Lawyers, would like to hear more about your case and advice you accordingly. We are nationally recognized for protecting the rights of injured victims for more than 20 years. If you were injured in a Corpus Christi motorcycle accident, call our office right now for a free consultation! Because we take all of our motorcycle accident 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, so call us today at 800-898-4877 or contact us now by clicking here. Let us help you get your life back.
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"As a relatively new resident of Houston, I did not know of an attorney to contact for a personal injury suit. I randomly went through the yellow pages contacting two attorneys that had rejected my case prior to me contacting Stewart Guss. Stewart took my case on and settled for far more than I had anticipated. The silver lining of this is that I will now have enough money to go back to school for retraining, so I will be able to reenter the workforce in a new capacity. The paralegal, Angela, was kind and supportive throughout the process. If I did not understand the legal jargon, I did not hesitate to ask, and was never once made to feel that I was incompetent. Thank you Stewart and Angela for giving me a new lease on live."