Motorcycle Accident Lawsuit Guide (2024)

While motorcycles are fun to ride on Texas’ wide-open roads, it is not uncommon to find yourself picking up the pieces after a motorcycle mishap. When that happens, navigating the aftermath of an accident can feel like trying to lasso a tornado.

But fear not! This guide will walk you through everything about bike crashes so you can hold your own in the wild world of motorcycle accident lawsuits in Texas.

What To Do Right After The Accident

If you have just hit the deck with your bike, the first thing to do is to check whether everyone’s okay and get medical help. Even if you are feeling okay, get checked out.

While there, snap those scene photos—think CSI, but for bikes. Trade info with anyone involved: names, numbers—the works.

But hold your tongue on the blame game; anything you blurt out could later be used against you in court. So, keep it zip and save the details for your attorney; they will thank you later!

Collecting More Evidence Like A Pro

Besides the on-scene evidence, you will want to gather more evidence to solidify your case. For example, if you or anyone else caught the moment on camera, get that dash cam footage; that is gold. And do not forget about grabbing that police report; it often has key info that could tilt things your way.

Lastly, bring in maintenance records for your bike to prove it was in good shape before the tumble. These documents are like having an ace up your sleeve when battling for what’s fair in court.

Navigating Texas Motorcycle Laws

Getting a grip on local laws is critical for any rider in Texas. Due to the statute of limitations, you have a tight window of just two years to start legal proceedings for personal injury. That clock starts ticking fast, so no dilly-dallying.

Texas also follows a “modified comparative fault” rule. That means you lose the compensation if you are over half responsible for the wreck. Keep this in mind since it can make or break your case.

Understand The Legal Process

When you are ready to sling arrows in the legal arena, it is time to kick things off by officially filing your personal injury complaint against whoever did you wrong. This involves crafting a document that lays out your side of the story and gets the ball rolling.

From there, brace yourself for the discovery phase; this is where both parties show their hands with all the evidence they’ve got. Expect a flurry of questions coming your way because interrogatories and depositions are around the corner. It’s like a pop quiz where every answer counts, so preparation is key.

Hiring An Attorney

“Unless you possess legal expertise, bringing a knowledgeable attorney on board might be the smartest move. These legal experts are pros at handling insurance companies– they know every step and spin to get insurers on their toes,” says personal injury lawyer Max Paderewski of Lone Star Injury Attorneys, PLLC.

They will not only handle all the back-and-forth but also be your champion when it comes to the negotiation table or, if push comes to shove, in front of a judge. With them in your corner, you can be sure that settlement offers are fair and won’t leave you high and dry down the line.

Should your case take center stage in court, having an attorney as sharp as a cactus thorn is key; they will argue with the kind of finesse that sways juries.

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