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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Motorcycle Accident in Texas

Motorcycle accidents can be devastating. These events can leave riders with serious physical and mental injuries, significant financial burdens, or both. Unfortunately, they're quite common in Texas. The Department of Transportation says that at least one motorcyclist loses their life on the state's roads every day.


Texas has set laws and rules to prevent these incidents and protect people. Motorcycle accident victims are entitled to compensation and can take legal action against at-fault parties to recover different damages. 

If an individual involved in a motorcycle accident is considering filing a lawsuit, they should understand Texas laws, their rights, and the process because there are specific steps to take. 


Steps to File a Motorcycle Accident Lawsuit in Texas

Steps to File a Motorcycle Accident Lawsuit in Texas


Whether they're planning to file car accident claims with insurance companies or initiate legal action against the at-fault driver after being struck by a four-wheeler, injured parties should complete some steps to secure the best possible outcome for their cases. These are:


1. Seek Medical Attention

The first and most important step following a motorcycle accident is to seek medical attention. For injured parties, their health and safety should be a top priority. After the crash, first responders will arrive at the scene to treat wounded people or transport them to the nearest hospital.


Even if their wounds seem minor initially, victims should seek medical assistance as soon as possible. Doctors can identify underlying issues or non-visible injuries and establish a medical record that affected parties can use to support their cases.


2. Gathering Evidence

After receiving medical care, the victim should start collecting evidence to prove their motorcycle accident claim, including the following:


  • Police reports: This document is essential to the legal process because it includes key details, such as the crash site's weather conditions and the responding officer's observations. Injured riders can use this information to prove that the other party was negligent and caused the accident.

  • Medical records: From diagnostic tests to treatment plans, motorcycle accident victims should collect all related medical records to determine how serious their injuries are and prove how the crash occurred.

  • Photos and videos of the accident scene: After getting off the road and making sure they're safe, injured parties should record videos capturing the scene, vehicles' location, and any road hazards that may have contributed to the accident.

  • Motorcycle damage: If possible, victims should photograph the damage to their vehicles or property.

  • Witness statements: If someone witnessed the accident, victims should ask them for their contact information to obtain their statements in the future. Eyewitness accounts can help injured parties establish and prove fault.


3. Contact a Texas Motorcycle Accident Lawyer

Whether they plan to file a motorcycle accident claim with the at-fault party's insurance company and negotiate a settlement or sue them to resolve the matter in court, victims may need help from personal injury lawyers with a background in similar cases. They can also assist with how to file a lawsuit for truck accident in Texas.


This is what an experienced motorcycle accident attorney can do:


  • Help injured parties understand Texas laws regarding motorcycle accidents

  • Ensure motorcycle accident lawsuits are filed before the deadline and in accordance with the state's requirements

  • Investigate the case and collect evidence to support victims' claims and increase their chances of recovering compensation

  • Help victims file an insurance claim

  • Negotiate a fair settlement with the at-fault party's insurance company to ensure they receive fair compensation

  • File a personal injury lawsuit on the victim's behalf if insurance companies don't make a fair settlement offer

  • Represent victims if their cases must be presented to the jury


4. Understand Texas Motorcycle Accident Claims

Motorcycle accident claims in Texas typically fall under the umbrella of personal injury claims. A personal injury claim allows the individual to seek compensation for damages they have suffered due to the negligence of another party. For more information, the best motorcycle accident attorney in Houston may be able to help.


In a motorcycle accident case, the at-fault party could be:


  • Another driver: This is the most common scenario. If another driver's negligence – such as speeding, distracted driving, or failing to yield the right of way – caused the accident and their injuries, they may have a claim against them and their insurance company.

  • Government entity: If a poorly maintained road or faulty traffic signal contributed to the accident, a claim may be filed against the responsible government entity.

  • Motorcycle manufacturer: In rare cases, a motorcycle accident can be caused by a defect in the motorcycle itself. If their motorcycle malfunctioned and led to the accident, they may have a claim against the manufacturer.


What Compensation Can Be Recovered?


The specific amount of compensation the individual can recover through a Texas motorcycle accident lawsuit will depend on the severity of their injuries, the impact on their life, and the strength of their case. However, some common types of compensation include:


  • Medical bills: This covers the cost of past and future medical expenses related to their injuries, including doctor's visits, surgeries, rehabilitation, and medication.

  • Lost wages: If their injuries prevent them from working or limit their earning capacity, they may be compensated for lost wages.

  • Pain and suffering: This includes compensation for physical pain, emotional distress, and reduced quality of life due to their injuries.

  • Property damage: The cost of repairing or replacing their damaged motorcycle can be included in their claim.


The Importance of Filing a Lawsuit Within the Statute of Limitations

Fatal Motorcycle Accidents


In the tragic event of a fatal motorcycle accident, surviving family members may be able to file a wrongful death lawsuit against the at-fault party. This lawsuit seeks compensation for damages such as:


  • Loss of financial support from the deceased

  • Medical and funeral expenses

  • Loss of companionship


The Importance of Filing a Lawsuit Within the Statute of Limitations


Texas law imposes a statute of limitations on personal injury claims, including motorcycle accident lawsuits. This time limit dictates how long an individual has to file a lawsuit after the accident occurs.


In Texas, the general statute of limitations for personal injury claims is two years. Failing to file their lawsuit within this timeframe can significantly jeopardize their ability to recover compensation.


Final Thoughts


If an individual has been injured in a motorcycle accident in Texas, experienced motorcycle accident lawyers can help. Legal professionals understand the unique challenges faced by victims and are dedicated to fighting for the compensation they deserve. They also have insight on how to file a lawsuit for pedestrian accident in Texas.


Schuerger Shunnarah Trial Attorneys offer a free consultation to discuss the case and answer any questions motorcycle accident victims may have. During this consultation, we'll review the details of the case, assess the potential value of the claim, and explain their legal options. Our team will go to war for you. Contact us today!


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