People often unfairly assume that motorcycle riders are risk-takers by nature and cause lots of accidents. This could not be further from the truth. Motorcycle accidents are often caused by negligent drivers who disregard riders on the road.
If you were recently injured in a motorcycle crash, talk to our legal team about how to get fair financial compensation for your injuries. We can walk you through the insurance claims process and even take your claims to court in a civil injury lawsuit. To back up your claims, we need evidence. Testimony from witnesses, your own testimony, video footage from security cameras or dashcams, and various other pieces of evidence might be extremely important to your case. We can use this evidence to recover valuable damages for your injuries, medical bills, damaged motorcycle, and many other losses. You should contact an attorney quickly, as the deadline to file your claims might be coming up soon.
Ask our motorcycle accident attorneys for a free, private review of your case when you call The Queenan Law Firm, P.C. at (817) 476-1797.
How Our Lawyers Can Help You Get Compensation After a Motorcycle Accident in Tyler, TX
There is more than one way to get justice and compensation after a motorcycle accident. In many cases, injured riders file auto insurance claims to get their damages covered. Insurance is required of all drivers, including motorcycle riders, and insurance claims are usually not far behind accidents.
Texas is a fault-based insurance state. This means that injured motorcycle riders need to file third-party claims with the insurance of the driver who caused the crash. Filing the claim is only step one. Next, our motorcycle accident lawyers must help you prove to the insurance company that their customer caused your injuries.
Most insurance companies require a police report from the accident before they will even consider covering your damages. We might need additional evidence if the insurance company is still hesitant to cover you. We might collect statements from witnesses and photos from the accident if you have them.
Unfortunately, when injured motorcycle riders file insurance claims, the compensation from the insurance company is limited to the terms of the insurance policy. If your injuries and other damages are too high, you might be left with unpaid expenses after the insurance policy is maxxed out. Another possibility is that the other driver is uninsured, making it impossible for you to file a third-party claim. Still, even if the other driver has insurance, the insurance company might deny your claim.
In such cases, our team can help you file a lawsuit against the other driver. If we win the lawsuit, the insurance company is legally required to cover your damages. You may also claim damages that might be unavailable through insurance. For example, many insurance policies exclude coverage for non-economic damages like pain and suffering. You can claim such damages in your lawsuit.
Evidence We Might Need to Support Your Claims in Your Tyler, TX Motorcycle Crash Case
The evidence we need to support your claims will depend on how your accident happened and the nature of your injuries and damages. Each case is unique, and the evidence in one motorcycle case might be completely different than the evidence needed for another motorcycle accident case.
One of the most important pieces of evidence in your case is your own testimony. We need you to testify about how you experienced the accident. Did the defendant hit you from behind? Did you use proper signals? How fast were you going? These are questions only you can answer.
We should also seek additional testimony from other witnesses. It is not unusual for injured riders to have a hard time remembering exactly what happened, especially if head injuries are involved. Other witnesses, like other drivers, passengers, or people walking by, can testify about what they saw and help us fill in the blanks.
Sometimes, defendants try to dispute the severity of a plaintiff’s injuries, or they disagree over how the injuries occurred. If this happens, we can use your medical records to prove your injuries. We can have a medical expert review your records and testify about how the injuries were inflicted and what kind of pain you were in.
If it exists, video footage from security cameras, traffic cameras, and dashcams should be obtained as quickly as possible. Video evidence of the accident happening might be among the strongest in your arsenal. Since videos like these could be deleted, we need to move quickly.
When You Need to Begin Your Motorcycle Accident Case in Tyler, TX
You should get in touch with an attorney about your case as soon as possible. There is a deadline on when you must file your case. If you miss the deadline, you might be unable to file the case and get compensation.
The statute of limitations in Texas for personal injury claims is found under Tex. Civ. Prac. & Rem. Code § 16.003. Under this law, plaintiffs have only 2 years from the day of their motorcycle accidents to file their cases. This can be a very tight deadline, especially if you are badly hurt and have to spend a long time in recovery. If you contact an attorney now, they can get started on your case while you focus on getting better.
Under certain circumstances, you might be able to have the statute of limitations tolled. Tolling the statute essentially pauses the clock counting down to your filing deadline. This can only be done under very specific circumstances. For example, if you were a minor when the accident happened, the statute of limitation may be tolled until you turn 18, giving you until age 20 to file your case.
Contact Our Tyler, TX Motorcycle Accident Attorneys for Assistance Now
Ask our motorcycle accident attorneys for a free, private review of your case when you call The Queenan Law Firm, P.C. at (817) 476-1797.