Motorcycle Accident Lawyer in Houston

Were you hurt in a Houston motorcycle accident case? If so, you could be owed significant compensation if your accident was someone else’s fault. Consult an experienced Houston motorcycle accident lawyer at Gibson Hill Personal Injury to discuss your rights and legal options right away.

Our Houston personal injury lawyers have the experience it takes to fight for the rights of injured motorcyclists. Call our office at (713) 659-4000 or contact us online to schedule a free consultation for your Houston motorcycle accidents case.

Motorcycle Riders Experience More Danger on the Road

Motorcycle riders are still an overrepresented group when it comes to traffic accidents and fatalities on the roads. According to numbers from the National Highway Traffic Safety Administration, in 2018, 4,985 motorcyclists lost their lives on the road.

The dangers of Houston motorcycle personal injury cases involving a collision with a car or truck can’t be overstated. When a negligent driver hits a motorcyclist, the impact can have devastating consequences for the rider. However, with less protection than cars, Houston motorcyclists can face more severe, life-altering serious injuries in accidents.

At Gibson Hill Personal Injury, our Houston motorcycle accident lawyers are dedicated to pursuing justice. We ensure that you get the compensation you deserve after an accident with a reckless driver on Texas roads.

Why Hire a Houston Motorcycle Accident Attorney?

Motorcycle accident victims face a tough road. They often endure painful injuries, struggle with high medical bills, and miss work while healing. A skilled and experienced Houston motorcycle accident lawyer can help. Our legal team can secure the compensation you need to recover.

Our motorcycle accident attorneys are here for you. We investigate the crash thoroughly, gather evidence to support your motorcycle accident claim, and negotiate a fair settlement with the insurance company.

Your insurance company and insurance adjusters will most likely be difficult. They may try to pressure you to accept less compensation than you deserve. But don’t worry because we advocate for the maximum award to cover all your expenses and losses. If a fair settlement isn’t offered, our experienced motorcycle accident lawyers are ready go to court and fight for full payment.

Steps to Take After Motorcycle Accidents

What you do after a motorcycle collision could affect the outcome of your insurance claim or motorcycle accident lawsuit. While you’re at the crash scene, there are important steps to take to protect your right to compensation.

1. Report to law enforcement

The first thing you should do after a motorcycle accident is to report it to law enforcement. Leaving the scene when there are injuries, catastrophic injuries, or fatalities is a crime. An officer will arrive to perform an investigation and write an accident report.

2. Take photographs

Take photographs to document the motorcycle accident scene. Photograph your motorcycle, other vehicles involved, and any visible injuries you sustained. Take pictures of glass on the road, broken car parts, and all debris.

3. Find witnesses

Ask other people for their version of events. If there are witnesses to the motorcycle accident, write down their names and phone numbers. You may need them to confirm what happened for your insurance claim or motorcycle accident lawsuit.

4. Get other drivers’ details

Get all other drivers’ insurance details. Write down names, phone numbers, insurance company name, and policy number.

5. Seek medical treatment

Seek medical care after leaving the motorcycle accident scene. Tell your doctor about all the symptoms you’re experiencing so they can provide an accurate diagnosis of your injuries. Comply with your doctor’s follow-up orders for imaging tests, physical therapy, or appointments with specialty providers. Continue medical treatment until you recover, or your doctors place you at maximum medical improvement.

6. Get a damage report

Get a damage report from an auto body shop for an estimated value of the cost to repair your motorcycle.

7. Hire a Houston motorcycle accident lawyer.

Since our motorcycle accident lawyers work on a contingency fee, you don’t pay anything until and unless we win your personal injury case. Even then, we take our fee from your settlement or lawsuit award. There’s no out-of-pocket cost for you!

8. Report the accident to your insurance company.

Report the crash to your insurance company. Insurance companies require initiating a claim within a specific timeframe. If you miss the deadline, you could lose your right to a settlement.

What Does an Accident Investigation Look Like?

Gibson Hill Personal Injury has the experience, knowledge, and skills to perform an investigation into all types of Houston motorcycle accidents. We know you’re struggling to recover and will help you hold the other driver liable for the harm they caused. We will begin our investigation by obtaining evidence to prove someone else’s negligence caused your motorcycle accident in Houston.

Evidence personal injury lawyers will collect:

• Statements from eyewitness
• Photos
• Accident scene evidence
• Your medical records and medical bills
• All available insurance policies and disclosures
• Accident report
• Repair estimates for your motorcycle and other vehicles involved
• Crucial documentation from the trucking company, including driver logs, truck maintenance reports, load manifest, truck’s black box, truck driver’s training history, and toxicology reports

Filing Your Motorcycle Accident Claim

Our Houston motorcycle accident attorneys will make sure to file your claim with the appropriate insurance company by the deadline. After completing our investigation, we will send a demand letter to the insurance company along with the evidence we found. The demand letter will include information, such as:

• Where and how the crash happened
• The name of the at-fault party
• The injuries you sustained
• All doctors and medical facilities you went to for treatment
• The estimated cost of past and future treatment required
• Settlement amount we’re seeking

What happens if the insurance company refuses to settle for the amount we believe is fair? Your legal team of Houston motorcycle accident lawyers will move forward with a lawsuit.

Recoverable Motorcycle Accident Damages

While every motorcycle accident is unique, there are common types of damages you may be entitled to recover. An experienced Houston motorcycle accident lawyer can help determine the specific compensation you deserve in your case.

Here’s a breakdown of key damages recoverable in Texas motorcycle accidents:

• Compensation for Economic Losses like past and future medical bills. This covers all medical expenses related to your accident, including hospital stays, doctor visits, medications, rehabilitation, and therapy.

• Compensation for Non-Economic Losses

  • Pain and Suffering: This includes physical discomfort and emotional distress caused by your injuries.
  • Mental Anguish: This covers emotional and psychological trauma resulting from the accident, such as anxiety, depression, or PTSD.
  • Disfigurement: This compensates you for any permanent scarring or physical alterations caused by the accident.
  • Loss of consortium: This covers the loss of companionship, love, and intimacy due to your injuries.

What Is Modified Comparative Fault?

Texas follows a “modified comparative fault” system. This means the amount of compensation you receive may be reduced based on your percentage of fault for the accident. For instance, if a jury finds you 20% at fault, you would receive 80% of the total damages awarded.

Important Note: If you are found to be more than 50% at fault, you are not eligible to recover any financial damages in Texas.

Punitive Damages in Motorcycle Accident Cases

In some cases, you may be eligible for punitive damages in addition to compensatory damages. Punitive damages are intended to punish the at-fault party for egregious or reckless conduct and deter similar behavior in the future.

Most Common Causes of Motorcycle Accidents

Unfortunately, motorcyclists face dangers every day they’re on the road. Reckless drivers, poor road conditions, and numerous other hazards could cause a devastating crash.

The most common causes of motorcycle accidents include:

• Speeding – Exceeding the speed limit is reckless behavior. If another motorist is driving too fast, they could lose control of their vehicle and collide with your bike.
• Car door – Someone exiting their vehicle might open the door without checking for oncoming motorcycles. If that happens, you might not have enough time to avoid crashing into their door.
• Improper lane changes – Motorist fails to look for motorcycles beside them or does not adequately signal a lane change.
• Tailgating – Anyone who doesn’t leave enough space between themselves and the bike ahead could easily run into the biker if traffic stops suddenly.

• Driving under the influence – When someone decides to get behind the wheel after drinking alcohol or taking drugs, they have an impaired driving ability. They can’t focus on the road ahead and could end up with a slower reaction time and loss of motor skills.
• Poor weather conditions – When there’s snow, sleet, ice, or wind, it becomes a challenge to control any type of vehicle. If the driver doesn’t take safety precautions, they could lose control of their car and collide with a motorcyclist.
• Driver distraction or inattention – Texting while driving, changing the radio, talking to a passenger, and eating food are all examples of distractions that take someone’s focus off driving to do something else.

What Are the Most Common Types of Motorcycle Accidents?

Some common reasons motorcycle accidents occur are because drivers become aggressive, refuse to yield or give the right of way, do not adequately check their surroundings, Others include:

• Left-turn crashes – The size of a motorcycle can mean that it is much less visible to other vehicles, especially in a left-turn situation.
• Lane changes – If a driver is not paying attention to the road or fails to check their blind spots, they can easily miss seeing a motorcyclist when they try to change lanes.
• Distracted driving – Phone calls, texting, eating, using a navigation system, and a variety of other things can distract a driver from paying attention to the road. This is a dangerous behavior that can have dire consequences for motorcyclists since they can be harder to spot than a car.
• Car doors – Drivers not paying attention to their surroundings can also cause serious accidents when they open the door to their parked car in the path of an oncoming rider.

• DUI – Those who drive under the influence of alcohol or drugs do not have the judgment or reaction times needed to keep motorcyclists safe.
• Road hazards – Hazards on the road, such as potholes, gravel on the pavement, or slick surfaces, can result in a motorcycle accident.
• Speeding – Speeding drivers have less time to identify motorcyclists on the road, less time to identify possible hazards, and less time to react to hazards.
• Lane splitting – Lane splitting can pose a hazard to motorcyclists due to their close proximity to moving cars and less room to maneuver.
• Head-on collisions – A head-on collision is especially dangerous for a motorcyclist, who is often flipped onto the hood of the passenger vehicle.

Common Injuries Suffered In Motorcycle Accidents

Data from the National Highway Traffic Safety Administration finds that motorcycle drivers are 28 times as likely as passenger car occupants to die in an accident. With so little in the way of protection, motorcyclists involved in collisions can easily find themselves being thrown from their bike, crushed by an oncoming car, or even worse. Victims who survive a serious Houston motorcycle accident can face a long and painful recovery filled with doctor’s visits and significant medical bills.

Some of the more common injuries that a motorcyclist may suffer include:

• Concussion
• Brain injury
• Neck and spinal cord injuries
• Road rash
• Burns
• Fractured bones
• Soft tissue damage
• Damage to internal organs
• Cuts and bruises
• Wrongful death

Beyond the Hospital Stay

Time in the hospital is just the beginning. Serious injuries from a motorcycle accident can lead to a long road of recovery that includes:

• Follow-up care and rehabilitation: Occupational or physical therapy may be necessary to regain strength and mobility.
• Medical devices: Wheelchairs or other assistive equipment might be needed to help with daily living.
• Home modifications: Changes to the home environment may be required to accommodate the victim’s new limitations.

The Financial Impact

The financial burden of a motorcycle accident can be overwhelming, including:

• • Mounting medical bills: Hospital bills are just the start, with ongoing costs for rehabilitation and future medical needs.
  • Loss of income: Severe injuries often mean missing work, leading to lost wages and financial strain.

Gibson Hill Personal Injury Is Here to Help

We understand the physical and financial challenges faced by motorcycle accident victims. Gibson Hill Personal Injury is dedicated to helping you recover the compensation you deserve, so you can focus on healing, not financial worries. We believe an accident shouldn’t leave you struggling to regain your health and financial security.

Motorcycle Accident Lawyer Cost

Facing a motorcycle accident can be overwhelming. Medical bills pile up, and lost wages can strain your finances. The last thing you need is the added stress of worrying about legal fees.

That’s why at Gibson Hill Personal Injury, we work on a contingency basis for motorcycle accident cases. Our personal injury attorneys won’t charge you any upfront costs or hourly rates. If we win your case and secure a personal injury settlement or verdict in your favor, our fee will be a percentage of that recovered amount. If we’re unsuccessful, you won’t owe us a dime.

Our goal is to help you recover the compensation you deserve. Therefore, we want to remove any financial barriers to getting you the legal representation you need.

Motorcycle Accident Deadlines and Statutes

Texas law requires that you file insurance claims and lawsuits within a specific period. Likewise, most insurance policies state that you must initiate a claim within a reasonable timeframe. If you get hurt in a motorcycle accident, you should refer to the at-fault driver’s liability policy to determine how much time you have.

Motorcycle Accident Statute of Limitations

Conversely, if you want to file a civil lawsuit, you must follow the statute of limitations for Texas. The statute of limitations for motorcycle accidents is two years. You will only have two years from the collision date to file your lawsuit. If the two-year statute passes, you could lose your right to compensation. A judge may look at your lawsuit and dismiss your case because you missed the deadline.

The Accident Claims Process

Insurance claims are different for each individual. Some take only a few weeks to resolve, while others can take years. The length of your case will depend on multiple factors involved. When Gibson Hill Personal Injury files your claim, we will work diligently to close out your case so you can move forward with your life.

No matter how long the process takes, the motorcycle accident claims process always follows the same steps:

1: File the insurance claim.

2: Gather crucial and comprehensive evidence.

3: Send a demand letter and evidence to the insurance company.

4: Assertively negotiate for a fair settlement.

5: Sign a release agreeing to the settlement terms.

6: Recover the settlement check in a timely manner.

7: If the insurance company fails to offer a fair settlement, prepare your case for court.

Speak to a Dedicated Houston Motorcycle Accident Lawyer

At Gibson Hill Personal Injury, we understand that you are not only experiencing physical pain, but you are probably suffering from emotional trauma as well. Accidents are frightening experiences and can leave victims feeling powerless and paralyzed, unsure where to turn. Our team of experienced Houston personal injury attorneys will take the time to guide you through the legal process and handle your case with compassion.

You Don’t Pay Unless You Win

Many victims are nervous about the financial burden of paying their medical bills and hesitate to contact a lawyer for fear of incurring more debt. However, we work on a contingency basis, which means you won’t owe us a thing unless we win your motorcycle accident case. We are committed to pursuing the legal rights of motorcyclists, making sure they recover the compensation they are owed.

Steps of a Houston Motorcycle Accident Lawsuit

Filing a lawsuit after a motorcycle accident can be a complex process with strict deadlines. Missing a step or deadline can jeopardize your motorcycle accident case. Here’s a breakdown of the typical steps involved:

1. Preparing Legal Documents

• Complaint: This document officially initiates the lawsuit. It details the plaintiff (you), the defendant (at-fault party), the legal basis for your motorcycle accident claim, and the damages you seek.
• Summons: This document informs the defendant of the lawsuit and requires them to appear in court.

2. Filing and Serving the Documents

• Electronic Filing: We will electronically file the complaint and summons with the court.
• Process Server: Once the court approves the documents, a process server will deliver them to the defendant.
• Defendant’s Response: The defendant has 20 days to respond to the lawsuit upon receiving the documents

3. Discovery

This stage involves exchanging information between both parties to build your case.

• Discovery Requests: Your attorney will submit requests for:
  • Admissions: Admissions ask the defendant to confirm or deny specific statements about the accident.
  • Production of Documents: This request seeks copies of relevant documents and evidence from the defendant’s possession.
  • Interrogatories: These are written questions that the defendant must answer under oath and signed before a notary public.
• Depositions: Witnesses, including the defendant, may be questioned under oath outside of court in a deposition. A court reporter will transcribe the deposition for both sides to use in building their cases.

4. Settlement or Trial

• Mediation: Before going to trial, both parties might participate in mediation. A neutral mediator will attempt to facilitate a settlement out of court.
• Trial: If mediation fails, the case will move forward to trial where a judge or jury will decide the outcome.

Contact a Houston Motorcycle Accident Lawyer

Our Houston personal injury lawyers have the experience and knowledge to handle your motorcycle accident personal injury case. Call our office at (713) 659-4000 or contact us online to schedule a free consultation and discuss how you can recover compensation.

Houston Motorcycle Accident FAQs

We’ve provided answers to some of the questions we most often receive about motorcycle accident claims, filing a personal injury lawsuit, and medical expenses. To begin your motorcycle accident claim, book a free consultation with a personal injury attorney.