El Paso’s dry climate makes it the perfect place for those who like to ride motorcycles for business or pleasure. Some enjoy a leisurely ride during their downtime, while others use their motorcycle as their primary form of transportation. Unfortunately, motorcycle enthusiasts’ joy can quickly end when a motorcycle accident occurs.
Motorcycle riders face a massive risk for severe injuries during an accident because their bodies have little protection from other vehicles and the ground. Motorcycle accidents often come with life-altering injuries that force victims to spend weeks or months healing and accumulating medical expenses. Almost all motorcycle accidents are preventable, increasing the trauma associated with accidents and injuries.
If you’ve suffered injuries in an El Paso motorcycle accident, Texas law permits you to take legal action to recover damages related to the accident and your injuries. The team at Stewart J. Guss, Injury Accident Lawyers, is here to help.
We are a national law firm based in Houston with multiple offices around the country. We also work with affiliate law firms in most states that share our focus and dedication to excellence. No matter where you are located, we may be able to help you, so call or contact us now. We are open, for free, 24 hours a day, seven days a week, at 800-898-4877, or you may contact us now by clicking here to submit your case for review.
Our Legal Team Can Help After an El Paso Motorcycle Accident
Our experienced legal team at Stewart J. Guss, Injury Accident Lawyers, is committed to fighting for every penny our clients deserve after suffering injuries in a motorcycle accident. Our dedication to client service and professional excellence has led to the recovery of millions of dollars from jury awards and settlement money for motorcycle accident victims.
We cannot guarantee a specific financial outcome because each claim has different underlying facts and circumstances that impact its value. However, our team advocates for our clients and fights for fair outcomes for each case. We hold negligent drivers, businesses, and other parties accountable.
The Team at Stewart J. Guss, Injury Accident Lawyers Understands Your Pain!
Motorcycle accidents often lead to injuries, some of which are severe or fatal. High-speed motorcycle accidents are more likely to lead to death, and those who survive are lucky to make a full recovery. Many who suffer severe motorcycle accident injuries face months of healing and need continuous care for permanent injuries.
If you have suffered injuries in an El Paso motorcycle accident because of someone else’s negligence, you and your family do not deserve to tackle the associated physical pain, mental anguish, and financial struggles alone. The skilled El Paso motorcycle accident lawyers at Stewart J. Guss, Injury Accident Lawyers, have helped clients recover damages related to several types of severe injuries.
Here are some motorcycle accident injuries that commonly give rise to claims:
#1. Head Injuries
Under Texas law, all motorcycle riders under age 21 must wear a helmet. Those over age 21 can choose to ride their bike without a helmet if they have proper insurance coverage and complete a motorcycle safety course. Riders, even those who wear a helmet, risk dangerous and potentially fatal head injuries if they get in an accident. Some head injuries are direct and occur when the head hits the road or another vehicle. Other head injuries occur from the impact of the motorcycle crash.
Cracked skulls and traumatic brain injuries (TBIs) are among the most severe head injuries. The most severe TBIs cause permanent brain damage.
According to the Centers for Disease Control and Prevention (CDC), TBI victims face long-term complications in four different areas:
- Thinking/Remembering. These complications include difficulty concentrating, remembering new information, and thinking clearly. Victims sometimes also experience fogginess and feel slowed down.
- Physical. Motorcycle accident victims who suffer TBIs can experience persistent migraines, headaches, blurry vision, dizziness, and light sensitivity. Some victims also suffer from balance issues because of their brain damage.
- Social/Emotional. Brain damage from a severe TBI can leave motorcycle accident victims suffering from anger, depression, anxiety, aggression, and other negative emotional symptoms.
- Sleep. Troubles with sleep patterns are another long-term complication motorcycle accident victims sometimes experience. Some victims struggle to fall asleep or sleep significantly less than before their accident. Other victims find themselves sleeping too long.
Your health and well-being are number one! At Stewart J. Guss, Injury Accident Lawyers, we assist injured bikers to learn the full scope of their head injuries and their long-term prognosis. Doing so helps ensure that insurance carriers and legal defense teams do not undervalue their motorcycle accident injury claim.
#2. Back Injuries
Motorcycle accident victims find themselves in various positions during an accident. Many get thrown from their bikes, and some get pinned between their bikes and the ground or another vehicle. The impact of a motorcycle accident and these positions can lead to debilitating back injuries. Bikers risk fractured vertebrae, slipped discs, and other damage to their spinal column during a motorcycle accident. In some cases, victims face chronic back pain for life, even after one or more corrective surgeries.
If you suffered back injuries in an El Paso motorcycle accident, you shouldn’t have to suffer lifelong back pain because of another motorist’s negligence. We cannot make your pain disappear, but we can fight to get you the compensation you may deserve for your physical pain and emotional distress.
#3. Spinal Cord Injuries
Sometimes back injuries from motorcycle accidents lead to severe and life-altering spinal cord injuries, which are notoriously expensive to treat. It’s a myth that accidents must sever the spinal cord to paralyze someone. Minor cuts and bruising can temporarily or permanently paralyze some or all of the body.
The type of spinal cord injury affects whether a motorcycle accident victim faces permanent paralysis; its location along the spinal cord determines which parts of the body suffer from lost function.
Those with permanent damage need continuous care and need to modify their life to perform tasks that used to be simple for them. The team at Stewart J. Guss, Injury Accident Lawyers, understands the struggles spinal cord injury victims face and aggressively helps motorcycle accident victims with spinal cord injuries seek the justice they deserve.
Sometimes motorcycle accident victims get their legs or arms crushed under their bikes or by a vehicle during a crash. Paramedics and doctors do everything they can to restore blood flow to a crushed limb. However, sometimes it’s impossible to save a limb. In these situations, doctors must amputate a limb to prevent infection from spreading throughout the body, which would lead to death. Amputees face lifelong physical pain and emotional struggles because of their loss.
Losing one or both legs requires using a wheelchair and the work that comes with learning how to use an artificial leg. Many suffer from stump pain or phantom limb pain. An amputation requires continuous physical therapy, making it among the most costly of potential motorcycle accident injuries.
The experienced legal team at Stewart J. Guss, Injury Accident Lawyers, advocates for amputees to get the money they deserve so victims can afford the medical treatments they need for the loss of their limbs.
Recovering Damages After an El Paso Motorcycle Accident
Texas law entitles you to sue those responsible for your motorcycle accident injuries. In many cases, motorcycle accident victims bring a claim against another driver in a car or truck. However, sometimes victims have grounds for action against a third party such as a business or government entity.
If you bring a lawsuit against a negligent party for your motorcycle accident injuries, and you win your case, you could receive compensation for:
- Medical expenses, including ambulance service, emergency room treatment, surgery, aftercare, doctor visits, diagnostic scans and tests, prescriptions, and transportation costs to and from the hospital/doctor
- Estimated future medical expenses when a motorcycle accident causes permanent injuries that require ongoing care and treatment, sometimes including residence in a long-term care facility
- Costs for specialized treatments such as physical therapy, occupational therapy, and other treatments that help motorcycle accident victims cope with their injuries
- Costs for assistive devices such as crutches, canes, wheelchairs, and prosthetic limbs
- Lost wages from missing work due to hospitalization, treatment, and healing
- Estimated future lost wages when an El Paso motorcycle accident leads to catastrophic injuries that prevent a victim from returning to work at any time in the future
- Pain and suffering
- Mental anguish
- Loss of consortium
- Reduced quality of life
- Scarring and disfigurement
Preserving the Value of El Paso Motorcycle Accident Claim
The team at Stewart J. Guss, Injury Accident Lawyers, understands the methods insurance companies use to reduce the value of your accident injury claim. If you or a loved one has suffered injuries in an El Paso motorcycle accident, you need to take special care to preserve the value of your claim. Taking the following steps in the hours and weeks after your motorcycle accident can help increase your chances of receiving the maximum amount of compensation you are entitled to for damages related to the accident and your injuries:
#1. Go to the Doctor
If you did not immediately go to the nearest emergency room via ambulance after your motorcycle accident, you need to let a doctor examine you as soon as possible. You must prove your injuries to the insurance company, and medical documentation is valuable evidence. Having a medical report can also give your lawyer leverage to negotiate a settlement.
#2. Keep Good Records
You must also prove your economic loss to prevail in your motorcycle accident claim. Detailed records make it difficult for an insurance company to reduce the value of your claim. Save all receipts and bills related to damage to your bike and damage to your body, as well as receipts for replacement services such as house cleaning and yard maintenance. Finally, keep all records related to lost wages and paid-time-off you used for your injuries
#3. Don’t Accept Early Offers Without a Lawyer
Insurance representatives are not your friends, even if you are the policyholder. In some cases, an insurance company makes a quick settlement offer to avoid total financial liability for accidents. These quick offers are especially common when insurance carriers believe their policyholders cause accidents and injuries. They make lowball offers to avoid larger jury awards or settlements later on. Share the offer with your attorney and let them negotiate a fair settlement.
#4. Keep Information About Your Case to Yourself
As you go through the claims process, it’s normal for you to want to speak with well-meaning friends and family members about your motorcycle accident, your injuries, and your recovery. Additionally, the insurance company will want to speak with you to get your side of the story. It’s better to let your lawyer handle communication with the insurance company and for you to avoid sharing information with those close to you. Doing so ensures that you or your loved ones do not accidentally say something to devalue your claim.
An insurance company may use a seemingly innocent statement against you. You should also avoid social media! You do not have to delete Instagram, Twitter, and Facebook accounts, but do not post about your motorcycle accident or post any personal activities until your motorcycle accident injury claim resolves.
El Paso Motorcycle Accident FAQs
Until you have the chance to speak with an El Paso motorcycle accident lawyer, you likely have questions about taking action against the individual or businesses responsible for your motorcycle accident and injury. The answers to the following frequently asked questions about El Paso motorcycle accidents and the process of recovering damages provide preliminary information to get you started.
#1. How Long Do I Have to File an El Paso Motorcycle Accident Injury Claim?
Each state has a time limit, called a statute of limitations, for accident victims to take action against those who caused their injuries. Most people who want to file a personal injury lawsuit against another party, including motorcycle accident victims, have two years to take legal action under Texas law. The same two-year statute of limitations applies to eligible surviving family members who want to file a wrongful death lawsuit after losing a loved one in an El Paso motorcycle accident.
Texas courts have some leeway; however, it’s doubtful a court will listen to your case if you file a lawsuit after the two-year statute of limitations has passed. The law allows for rare exceptions in specific situations, but very few of them apply to motorcycle accidents.
Here are a couple of examples of rare circumstances that could impact the statute of limitations in your case:
- If your motorcycle accident occurred because of defective tires or another defective part on your bike, you could have up to 15 years to file a lawsuit.
- If your motorcycle accident occurred because the City of El Paso, El Paso County, or the State of Texas did not take care of roads properly, you have to take action within six months.
- You were incapacitated for a significant amount of time, preventing you from taking action.
Ultimately, it’s a good idea to consult with a motorcycle accident attorney as soon as possible. The longer you wait to take legal action to recover damages, the weaker your claim. Witnesses move away or die, and evidence is not as strong or disappears. Yet, if some time has passed, it does not automatically mean you do not have a case. Let the team at Stewart J. Guss, Injury Accident Lawyers, review your case and advise you on your legal options going forward.
#2. Are My Motorcycle Accident Injuries Severe Enough to Bring a Lawsuit?
Trust your instincts and err on the side of caution. If you feel you should consult with a lawyer after an El Paso motorcycle accident, you should contact us as soon as possible for a free case review. It’s easy to know what you should do in the most extreme cases. If you have suffered minor injuries, you might not need to file a claim. However, motorcycle accidents typically lead to moderate or severe injuries if one survives.
Although not perfect, lost wages and medical expenses are a good rule of thumb to help you decide whether to contact an El Paso motorcycle attorney. If your motorcycle accident injuries kept you in the hospital long enough to rack up hundreds or thousands in medical bills, or you had to miss more than a few hours or a day of work because of your injuries, you may have a viable motorcycle accident injury claim. Additionally, you likely have a claim if you needed surgery after your accident or suffered a permanent injury.
Contact a reputable El Paso motorcycle accident lawyer and let them review your case and determine your eligibility for compensation. It does not cost you anything to find out where you stand. However, if you assume your injuries are too minor to take legal action, you risk losing the chance to get the compensation you deserve for losses related to your motorcycle accident and injuries.
#3. Who Pays My Medical Bills After an El Paso Motorcycle Accident?
Some accident victims choose to avoid paying their medical bills. They mistakenly assume their bills are getting paid because someone else’s negligence caused their injuries. Anyone who receives medical treatment is financially responsible for their medical bills, regardless of who caused the injuries. Initially, your private health insurance, Medicare, or Medicaid will kick in to cover expenses. Also, if you purchased optional medical payments coverage with your motorcycle insurance, your insurance policy will cover a portion of your medical bills up to your policy limit.
If you have a viable motorcycle accident injury claim, it does not mean the other party or their insurance company will automatically pay your bills. If you receive settlement money or court-awarded damages, you could get fully reimbursed for any bills you’ve paid. Additionally, compensation could cover any unpaid medical bills. However, do not ignore your medical bills while waiting to resolve your case.
Failure to pay medical expenses can damage your credit because your providers will eventually send your account(s) to collections. Do not let another party ruin your credit after having caused you severe injuries. It’s okay if you cannot afford to pay your medical bills after a motorcycle accident. Many find themselves in this situation, especially when they miss work or suffer a permanent injury that prevents them from working.
Communication is the key to saving your credit and managing your medical bills. Let your provider know your situation, and the chances of them sending your account to a collection agency will decrease. In many cases, providers will put an account on hold while someone is in the middle of a lawsuit. In other cases, providers will work with accident injury victims to develop a budget-friendly payment arrangement until a case is resolved.
#4. Will I Have to Go to Court for My El Paso Motorcycle Accident Claim?
The vast majority of accident injury claims, including those involving motorcycle accidents, settle long before going to trial. However, you should always prepare to go to court. We cannot guarantee you won’t have to testify. Going to trial depends on how much you and the other party are willing to negotiate to avoid costly litigation. Both sides are motivated to agree because going to trial is expensive and drags out a claim. Your El Paso motorcycle accident lawyer can review your claim and give you an idea of how your case might play out based on similar cases in the past.
#5. Should I Accept an Early Settlement Offer From an Insurance Company?
It’s your choice whether to accept an offer, but it’s usually helpful to let an attorney review the offer first. Insurance companies care about their bottom line and do not like to hand out money.
If a driver hits your bike and their insurance carrier makes a quick offer, you should question why they want to settle so quickly. If the insurance company didn’t think you had a viable claim, they would deny it. Sometimes when a carrier knows their policyholder is liable, they make a lowball offer to avoid paying more money down the line.
Insurance companies sometimes use early offers to tempt victims of negligence to accept some cash and settle the claim. Once you accept their offer, you must also waive your right to any further compensation for your motorcycle accident injuries.
If your accident happened recently, it’s unlikely that you know the full scope of your injuries. Your doctors might not be sure whether you will make a full recovery or if you will suffer permanent injuries. When you accept an offer too soon, you could leave yourself without the money you need or deserve for your motorcycle accident injuries.
You can use an early settlement offer as a starting point for settlement negotiations. Your El Paso motorcycle accident attorney at Stewart J. Guss, Injury Accident Lawyers, can review your offer, place a fair value on your claim, and aggressively pursue the maximum amount of compensation for your claim.
#6. How Long Do I Have to Wait to Get Some Money for My Motorcycle Accident Injuries?
Several factors influence the timeline of your motorcycle accident claim. First, you only get money if you settle your claim or the court rules in your favor if you go to trial. Assuming you prevail, you will still have to wait months or years before you see a penny.
When liability is clear, the other side will want to settle quickly. In these cases, motorcycle accident victims sometimes see settlement money within a few months. Liability disputes, multiple defendants, witness scheduling, and other issues related to litigation significantly add to the timeline it takes to resolve your claim. In these situations, you might have to wait two or three years, or longer, before you see any money.
#7. What if a Loved One Died in an El Paso Motorcycle Accident?
If the motorcycle accident that led to the death of your loved one occurred because of negligence, you could be entitled to compensation. Texas law permits eligible surviving family members to take legal action against the driver or other party responsible for the accident by filing a wrongful death lawsuit.
In El Paso wrongful death lawsuits, family members sometimes recover lost future wages of their loved one, funeral expenses, burial costs, pain and suffering, and more. Contact the team at Stewart J. Guss, Injury Accident Lawyers, today to learn more about how we can help during this difficult time.
#8. Can I Afford to Hire an El Paso Motorcycle Accident Lawyer?
Motorcycle accident lawyers, and other personal injury attorneys, do not charge an upfront retainer to new clients. Unlike tax attorneys and real estate attorneys, personal injury lawyers accept new clients on a contingent fee basis. Do not let worries about affordability prevent you from getting the legal help you need and holding the negligent party who caused your injuries accountable for their actions.
A contingent fee agreement gives your lawyer the right to deduct their fees and other costs related to representation from any settlement money or court-awarded damages you receive on behalf of their work for you. At Stewart J. Guss, Injury Accident Lawyers, you do not owe us a dime unless we win your case!
#9. How Can an El Paso Motorcycle Accident Lawyer Help?
Sometimes motorcycle accident victims don’t hire a lawyer because they do not understand the many ways an attorney can help them with their injury claim. You already know lawyers spend a great deal of time drafting legal documents and submitting paperwork to other lawyers and the court. However, motorcycle accident lawyers do far more than push paper to help their clients.
Our El Paso motorcycle accident lawyers can:
Investigate Your Claim
Sometimes liability is murky in motorcycle accidents, and everyone blames bikers. A lawyer can take a closer look at the facts of the claim to build the strongest case possible for their client. This provides leverage with the insurance company during settlement negotiations and stronger evidence for the court if a motorcycle accident case goes to trial.
Protect the Value of Your Claim
Insurance companies like to get bikers to say something to admit fault after an accident. They look for any reason they can deny or devalue a claim so they do not have to pay. Bikers who let their lawyers do the talking and handle all communication with relevant parties do not have to worry about these tricky tactics. The insurance company will still try to devalue your claim, but they won’t be able to do it by twisting your words.
Negotiate With the Insurance Company for Maximum Damages
Lawyers work with insurance carriers and deal with their questionable strategies to avoid financial liability each day. Lawyers are trained negotiators who know how insurance companies work. In many cases, lawyers anticipate what’s to come from the other side before it happens. Letting an experienced El Paso motorcycle accident lawyer negotiate the value of your claim can give you a significant advantage going into the negotiations.
Get the Legal Help You Need From Our El Paso Motorcycle Accident Lawyers
At Stewart J. Guss, Injury Accident Lawyers, we know the strategies and tactics motorists and their insurance carriers use to avoid financial liability and blame motorcyclists for their injuries. Our team is ready to pursue justice for our clients diligently, so they have the greatest chances to receive fair compensation for losses related to their motorcycle accidents and injuries.
The legal team of Stewart J. Guss, Injury Accident Lawyers, is nationally recognized for protecting the rights of injured victims for more than 20 years. If an El Paso motorcycle accident injured you, 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.
See what past clients have to say:
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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.”
Since starting his firm in 1999, Stewart J. Guss has had the honor of representing clients from all over the world, helping them recover from even the most catastrophic injuries.
Today, thanks to a strong belief in those values of compassion, respect, and approachability, the firm has grown to employ over 120 legal professionals in numerous offices across 4 states, with nationwide reach.