Woodlands Motorcycle Accident Lawyer

The Woodlands offers an exciting opportunity to live in a diverse community. Additionally, thanks to open areas, there are plenty of opportunities to enjoy the sights from a motorcycle. Unfortunately, this also means you are one of the most vulnerable people on the roadway. Motorcycle accidents can mean victims suffer serious injuries. When you are in a motorcycle accident, you need answers. You need someone to provide you with information about your legal rights and options and assist you in obtaining the financial relief you need to recover. This is when you can count on the experienced team at Stewart J. Guss, Injury Accident Lawyers 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 motorcycle accident attorneys get results

When you hire an attorney following a motorcycle accident, you want an attorney with a proven track record of success. Residents of The Woodlands understand that past results cannot always predict future outcomes. However, when you work with an attorney who has experience going toe-to-toe with insurers, the insurance company is aware it will make it harder for them to offer you a quick, low offer. They know when an attorney is involved in an accident injury case they have a better chance of resolving your claim if they treat you fairly. Every accident injury case is different. Every motorcycle accident injury case is different. Just because the cases are similar does not mean the victims will get the same compensation. Numerous factors will determine the outcome of every case. This is why Stewart J. Guss, Injury Accident Lawyers will carefully evaluate your specific case and determine the best course of action.

Woodlands motorcycle accident injuries

An empty car can weigh as much as 5,000 pounds. When you travel on a motorcycle and a vehicle strikes you, even a car traveling 30 miles per hour can do serious damage to your bike. The bigger concern is the injuries you may sustain in this type of collision. Motorcycles are wide open, leaving operators and passengers vulnerable. Here are some of the potential injuries you may have suffered in a motorcycle accident.
  • Feet and leg injuries - while these may not sound very serious, it is possible to break your feet or lower legs in a motorcycle accident. Motorcycle operators stand a greater risk of a crash pinning their bike or body under a vehicle.
  • Head and neck injuries - unfortunately, despite more motorcycle operators wearing helmets, there are still a staggering number of traumatic brain injuries (TBI) suffered by motorcycle operators. The best helmet often cannot prevent these types of injuries because an operator can be thrown from their bike, dislodging their helmet. These injuries are often very serious, and some operators lose their lives.
  • Chest, back, and shoulder injuries - being thrown to the ground during a motorcycle accident can result in serious injuries. Broken ribs, backs, and shoulders are common motorcycle accident injuries.
  • Arms and hands - everyone who feels like they are falling tends to extend their arms to prevent the fall. This occurs during motorcycle accidents because it is an instinct. The result could be broken bones in the arms and hands.
The hazards of operating a motorcycle in traffic are everywhere. Motorcycle operators are vulnerable to many different accidents. Motorcycle operators must always know the risks of operating on the road, particularly in high-speed areas.

Determining liability in motorcycle accidents

Motorcycle accidents are not always the fault of the driver who struck the motorcycle. This comes as a surprise to many people, but external factors can cause motorcycle collisions. Some of the potentially liable parties include:
  • The driver of the car who struck you - sometimes the driver of the car who struck your motorcycle caused your accident injuries. Speeding, not paying attention, failing to yield, or ignoring traffic signals can mean the driver is at fault.
  • The driver of another car - if an inattentive driver traveled over a lane, they could have forced you to veer out of the way. This is an instinctive move and while the driver who struck you may be partially liable, there may be another driver who is partially at fault as well.
  • Parts or vehicle manufacturer - while this category of liability may be the hardest to prove, a defective tire, brakes, or another part may have failed and caused a driver to lose control of their car, resulting in a motorcycle accident.
  • Drivers’ employer - if a rideshare driver, taxi operator, or a person driving a car on behalf of their employer struck you, chances are the employer may bear some of the liability for your injuries. Speak with your attorney, as this can complicate your claim.
There may be other parties liable for your injuries, including government agencies. When you work with a skilled lawyer from Stewart J. Guss, Injury Accident Lawyers, we will make sure we identify every liable party and hold them accountable for your injuries and the resulting losses.

Recovering financially following a Woodlands motorcycle accident

A motorcycle accident can leave your family in a financially precarious position. While you recover from your injuries, you can't work and lose income. Hospitalization is common after a motorcycle accident and medical deductibles can quickly grow problematic. Some of the damages you may be able to recover include:
  • Replacement or repair of motorcycle - whether you must repair or replace your motorcycle, the liable party should foot this bill. The accident was not your fault, and you should not have to bear the financial expense of repair or replacement.
  • Medical expenses - whether your injuries resulted in hospitalization, or if you were able to return home immediately, there are still medical expenses associated with a motorcycle crash. Transportation to the hospital, tests performed to determine the extent of your injuries, treatment of your injuries in the immediate aftermath of the accident, ongoing medical treatments, and medications to ward off pain and infection can all mount up quickly. Even if you have healthcare coverage, you must pay a portion of your medical expenses out of pocket.
  • Lost income - one of the most significant losses you will suffer while you recover from your injuries is the loss of your typical income. Even for those who have a good disability plan, the chances are you will only receive 80 percent of your base pay. That means that you lose any overtime, bonuses, and may also be losing valuable perks associated with working full time. These changes can have a devastating impact on your family’s overall financial health.
Texas requires all drivers to maintain at least $30,000 in auto accident liability coverage. Some drivers may carry more while others may not have insurance at all. When coverage limitations are met or exceeded, and you still have unpaid bills, there may be additional ways to make you financially whole following a motorcycle accident.

Insurance companies may fight back against claims

Do not be surprised if you put in a claim for your losses and have the claim denied. This is a common practice among insurers. Remember their goal is to make money. Collecting premiums from customers generates profits. Losses come when an insurance company has to pay a claim. Since insurers are interested in paying out as little as possible for a claim, the insurance adjuster may employ various tactics including:
  • Getting you to record a statement - make no mistake if you think providing a recorded statement will help your claim, you are wrong. Insurance adjusters will use carefully chosen questions to get you to accept part of the blame for your accident. This could result in the insurer rejecting your claim outright or paying less on your claim.
  • Ignoring your total medical bills - nearly every insurer has language in their policy that states usual and customary charges. Rather than offering the full amount you have paid, they may resort to offering the average costs for your area. This can result in significant financial losses for those who agree to accept those costs.
  • Making a fast, low settlement offer - insurance companies are well aware of the financial burden being out of work creates for you and your family. Often, insurers will tell you that their first offer is the “best” or “final” offer they will make. This is seldom the case. They know if they can get you to accept an offer quickly, they will be off the hook for any future losses.
Never allow an insurance company to trick you into doing anything that will put your injury claim at risk. Texas has a two-year statute of limitations for personal injury claims. There is no need to accept any offers until you have sought competent legal advice. Always remember that insurance adjusters know exactly what they are doing. Furthermore, they are not there to help you, they are there to protect their employer, the insurance company. Insurers keep a team of lawyers available to make sure they can minimize the amount they pay out in claims. At Stewart J. Guss, Injury Accident Lawyers, we are here to represent your interests and to help level the playing field.

Motorcycle accident injuries and resulting legal costs

In addition to the medical bills you are facing, the time you are losing from work, and other expenses such as paying for landscaping, babysitting, or rides to and from doctors’ appointments, you may think you cannot afford legal help. This is a misnomer. Insurance companies may even tell you that hiring a lawyer will only complicate your claim and make it harder to settle. This is another common tactic they use to scare you into accepting a settlement that won’t cover your losses. Here are the facts about hiring an attorney from Stewart J. Guss, Injury Accident Lawyers to represent you:
  • Free consultation and case evaluation - when you suffer an injury from a motorcycle accident in The Woodlands, we will review your case free of charge. This consultation does not mean you must hire us to work on your case, but it will provide you with the information you need to protect your rights and understand your legal options.
  • We work on a contingency fee - some people do not understand what a contingency fee means. In simple English, this means that we do not collect one dime in legal fees unless we settle on your behalf. Yes, you read that right our legal services are free of charge unless we obtain a settlement for you.
  • We are ready to go to trial if needed - we will provide you with information about every offer the insurance company makes. We will tell you the pros and cons of each offer and make sure you understand what happens if you accept the offer. If you decide to accept an offer, then we will advise the insurer. If you do not accept the offer, and we can't get the insurance company to negotiate further, we will prepare to take your case to court if necessary.

Questions and Answers About Woodlands Motorcycle Accidents

Motorcycle accidents are all too common in Texas. A recent study showed that Texas ranks third in the United States for all motorcycle deaths. Stewart J. Guss and his team of personal injury attorneys are here to help victims of motorcycle accidents, regardless of whether they live in one of the developments in The Woodlands or across the Houston area. If you have lost a loved one in a Woodlands motorcycle accident, we can help you file a wrongful death claim. Contact Stewart J. Guss, Injury Accident Lawyers, and let us help you get the best possible settlement for your injuries. If you want more information first, read on to see our answers to frequently asked questions we hear.

What should I do in the immediate aftermath of a motorcycle accident?

If you are in a roadway accident in or near The Woodlands, you should make sure you are in as safe a location as possible. We understand that you may not be in a position to help yourself because your injuries are likely to be serious. However, if you can identify someone at the scene who can help, ask them to:
  • Contact law enforcement and emergency medical services
  • Photograph and document the scene
  • Obtain contact information from the driver of the vehicle involved
  • Obtain contact information from any witnesses who may have seen the accident
This information could help you if you need to file an accident injury claim.

I do not think my injuries are serious. Do I still need to seek medical attention?

Yes. In the immediate aftermath of any roadway accident, you should seek medical advice. The last thing you want is to wake up a day or two after an accident with unexpected pain because you suffered an injury in a Woodlands motorcycle accident. Do not want to take unnecessary risks. Medical care is a necessity. Make sure the treating physician knows you were in a motorcycle accident. Adrenaline coursing through your system can mask some of these injuries:
  • Internal injuries - soft tissue injuries, internal bleeding, and organ damage may not have any preliminary symptoms.
  • Head and neck trauma - you may have struck your head on the pavement when your bike overturned. The attending doctor may perform a thorough exam to look for lacerations, bumps, or other head and neck trauma.
  • Strains and sprains - often, motorcycle accidents cause sprains and strains. These injuries are often not evident immediately after an accident, so you must pay close attention to any signals your body is sending you that something is not right.
You should always seek medical attention following a motorcycle accident because failing to do so can jeopardize your overall health. If a doctor advises you of what signs to watch out for after a motorcycle accident, make sure you follow their instructions and recommendations. Ascent Emergency Medical Center provides a good list of symptoms that motorcycle accident victims should remain vigilant about following their accident.

How should I deal with an insurance company following a Woodlands motorcycle accident?

Contact your insurance company and give them the facts only. The only information they need from you immediately is the date, time, and location of the accident and the name and contact details of the other driver’s insurance company. Do not offer them anything else. Your insurer may ask you to provide a recorded statement, which you should avoid. Tell them you intend to speak with a motorcycle accident injury attorney before providing any additional information or answering any questions. Remember, even if they tell you a recorded statement is necessary (it is not), avoid providing one and speak with a personal injury lawyer immediately.

How is liability proven when a Woodlands motorcycle accident occurs?

The basis for all personal injury lawsuits is establishing liability for the injuries you suffered. To prove liability you can answer some simple questions to demonstrate the other driver’s liability. These questions may include:

#1. Did the driver who caused the accident owe me a duty of care?

Yes. Everyone who travels on Texas roadways owes other drivers a duty of care. This duty includes obeying traffic signals, being in control of their vehicle at all times, and paying attention to other people using the same roadway.

#2. Did the driver breach their duty of care?

If you suffered an injury, then chances are the answer to this is yes. If a driver runs a red light, falls asleep behind the wheel, drives while under the influence, or otherwise acts negligently, they have breached their duty of care.

#3. Did the breach of duty of care result in you suffering an injury?

If you saw a doctor and they advised you that you suffered an injury in a motorcycle accident, then yes, the breach of duty did result in an injury.

#4. Did the breach of duty cause you to suffer financially?

If you suffered an injury in a motorcycle accident, you may lose time from work, medical bills will pile up, and you may endure pain and infections your medical plan may not cover. A combination of police investigations, witness statements, and an accident reconstruction may prove the other driver caused the crash. This may require your lawyer to obtain witness statements and seek an accident reconstruction specialist.

Can I file a claim without hiring a personal injury lawyer?

No it's too hard. An insurance company will not protect the interests of victims, but their profits and shareholders. An insurance company will work hard to pay as little as possible. There are numerous steps they will take to achieve this goal, all of them legal. Insurers hope to work with a victim who does not know their rights or legal options following a motorcycle accident. Remember this: Insurers have a team of lawyers advising them. At Stewart J. Guss, Injury Accident Lawyers, we help level the playing field because we represent victims and not the insurers.

How soon after a motorcycle accident should I contact a lawyer?

The sooner the better is the best rule of thumb. Rather than attempt to work with the insurance company, you can turn all of the paperwork and negotiations over to an experienced attorney at Stewart J. Guss, Injury Accident Lawyers. When we are the first point of contact following a Woodlands motorcycle accident, the insurer knows you mean business. They know that if you have spoken with a lawyer, you have already determined it is in your best interest to have a legal advocate. They also know that if you have a law firm working on your side, the chances are high that they need to reach a reasonable settlement.

What if my loved one can't contact an attorney after a motorcycle accident?

If a Woodlands motorcycle accident incapacitated your loved one, contact us immediately. We know a victim may have suffered a broken jaw or other injuries that prevent them from speaking for themselves. We are happy to discuss your legal options as the victim's representative and let you determine the best way to move forward.

What if I lost a loved one in a motorcycle accident?

We are sorry you are among the more than 400 families who lost loved ones in a Texas motorcycle crash. We are aware of the pain your family feels and are here to ensure you do not suffer financially from your loss. Money cannot take the place of your loved one and we would never imply that it can or should. However, we can help you prepare a wrongful death lawsuit and help you regain your financial footing so you are not facing financial ruin because of someone else’s negligent behavior. Contact us immediately and let us evaluate your case and help you determine the best way to handle this type of case.

What if the other driver is facing criminal charges after a motorcycle accident?

More than 14,000 people suffered injuries on Texas roadways in one recent year. It should come as no surprise that alcohol use caused some of those injuries and deaths. Driving under the influence and causing bodily injury or death may mean the driver who caused your Woodlands motorcycle accident faces criminal charges. Motorcycle accident cases use different standards of proof to succeed. When someone caused your injuries, it does not matter if they face criminal charges. Prosecutors decide whether to charge someone with a crime and you have little control over that process. If you are a victim of a Woodlands motorcycle accident, you do not have to prove the responsible driver committed a crime, nor do you have to wait until criminal proceedings conclude. These are two different processes, since holding someone accountable for an injury suffered because of negligence is a civil matter, not a criminal matter.

How long will my motorcycle accident claim take to settle?

This is a difficult question to answer easily. Keep in mind that every case is slightly different. Additionally, there are differences in how insurance companies handle the claims process. The amount of time will vary due to the:
  • Recovery of the victim - until a victim of a Woodlands motorcycle accident has reached maximum recovery, your lawyer may wait to file a claim to ensure a complete understanding of the level of recovery you can reach. Until then, you cannot determine your total amount of financial losses.
  • Victim’s ability to return to work - if you are going to be out of work for a month or two, then your claim will be significantly different than if you were only going to be out for a week or so. However, some victims may never return to their normal employment due to their injuries. This means that claims for lost wages will vary as well.
  • Insurance company negotiations - some insurers will negotiate quickly and offer a fair settlement soon after they receive a settlement demand. Others will not negotiate in good faith and may make several offers before they agree on a final settlement.
  • Whether a trial is necessary - if the insurer will not provide you a reasonable settlement offer, your best option may be to take the matter before a judge or jury. In this case, that could mean your accident claim takes longer to resolve.
We can discuss the specifics of your case when we do a case evaluation. Keep in mind, most cases settle out of court.

Contact an experienced Woodlands motorcycle accident lawyer today

If you or a loved one were injured in a Woodlands motorcycle accident and don’t know the best way forward, contact Stewart J. Guss, Injury Accident Lawyers immediately. 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 you suffered an injury from a motorcycle accident in The Woodlands, 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:

Review: 5/5 ★ ★ ★ ★ ★

"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."

-Sally T.