Motorcycle crashes can cause catastrophic injuries. Our job is to get your family justice and compensation.
If you’ve been injured or have lost a loved one in a motorcycle wreck, call the Dallas motorcycle accident lawyers at Montgomery Law for a free consultation at 214-720-6090.
For many Texans, a motorcycle is more than just a means of transportation; it’s a lifestyle. Yet because motorcycles lack the safety features of passenger vehicles (i.e., seat belts, air bags, a metal frame to surround the driver) even a minor collision could result in serious injury or even death. In fact, according to the National Highway Transportation Safety Administration (NHTSA), motorcyclists are 28 times more likely to be in a fatal accident than drivers of cars.
For those who’ve recently been injured in a motorcycle accident, understand that our law firm is here to help people exactly like you. We know that you may feel overwhelmed as you deal with the trauma of an injury, the stress of being out of work, as well as mounting medical bills. Our job is to ensure you get the medical treatment you need as well as the monetary compensation you deserve.
For those who’ve tragically lost a spouse, child, or parent in a motorcycle crash, we understand how challenging this time can be on you and your family. The last thing you want to deal with is an uncaring, callous insurance company whose sole objective is to deny, delay, and defend. The attorneys at Montgomery Law promise to pursue the justice that your family deserves, and will stand by your side throughout the entire process.
At Montgomery Law, we handle all motorcycle accident cases on a no-win no-fee basis. Under no circumstances will you ever pay us out of pocket or receive a bill. We only earn a fee if (and when) we win your case and put money in your pocket. Consultations are always free, and we’re happy to answer your questions by phone or email 24 hours a day. Call us now at 214-720-6090 (local) or 1-833-720-6090 (toll-free) to learn how we can help.
Understanding the legal process can help you make the best possible decision when it comes to your Dallas motorcycle accident case. Click below to learn more about Texas personal injury law, as well as how Montgomery Law can help.
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What Should I Do After a Motorcycle Wreck?
After any motorcycle accident, your first priority should be your health and well-being. Always get checked out after a wreck—even if you think your injuries are minor. Failing to seek immediate medical treatment could result in further injury and/or chronic pain, and also gives the insurance company every reason to later deny the injury portion of your accident claim.
While it’s not always feasible in a personal injury case, it’s important to try and collect as much evidence as possible while at the scene of the crash. If you’re able to, take photos of the accident scene, the other driver’s insurance information, their driver’s license, as well as the vehicles involved. You should also take this opportunity to collect contact information from any witnesses who may be at the scene—including other drivers, their passengers, pedestrians, and even nearby businesses which may have caught the crash on camera.
If the police are called to the scene, it’s always in your best interests to speak with them. Stick to the facts, explain exactly what occurred, but do not admit fault. Request a crash report number from the responding officer, and do not refuse medical attention if it’s suggested.
When you’re able to do so, write down your recollection of the accident. Make sure to capture as much detail as you can, such as what the weather was like, the time of day, and whether or not any other vehicles were nearby.
As soon as you’re able to do so, it’s in your best interests to reach out to a motorcycle accident attorney in order to discuss your rights and legal options. Your attorney can file a claim on your behalf, as well as handle all communication with the insurance company throughout the entire process.
At this point, your lawyer will be able to explain exactly what to expect moving forward. As you continue to focus on your recovery, be sure to inform your attorney (and keep records) of any damages or losses that you’ve incurred as a result of your accident. This includes your medical bills, lost wages, and any other related expenses.
Common Causes of Motorcycle Accidents
Motorcycle accidents can be caused by a variety of events and circumstances. According to NHTSA, the most common event for motorcycles involved in fatal crashes is a collision with another motor vehicle.
While some motorcycle accidents can be attributed to rider error or negligent conduct, many others are directly caused by the actions of other drivers. It’s the responsibility of every motorist to pay attention the traffic around them. When drivers fail in this duty and someone is injured or killed as a result, you can count on law firms like ours to hold them financially responsible for their negligence.
The most surprising statistic we’ve come across comes directly from the Department of Transportation. According to DOT data, a shocking 42 percent of all motorcycle-vs-car accidents are caused by drivers making unprotected left turns at intersections or turning left while a motorcycle was going straight, passing, or overtaking.
The fact is, motorcyclists often face the same types of dangers as other motorists—driver inattention, speeding, drunk driving, careless driving, etc. But the unfortunate truth is that they’re far more-susceptible to injury or death should a collision occur.
Injuries are Often Serious or Fatal
Compared to drivers of “conventional” motor vehicles, motorcyclists face an incredibly high risk of danger—even at low speeds. This is due to the simple fact that motorcycles lack any type of real protection for their riders and generally provide no “crashworthiness.”
According to the Texas Department of Transportation, in 2018, about 5.5% of all motorcycle crashes in Texas led to a fatality and roughly 23% led to a serious injury. In comparison, just 0.36% of car accidents resulted in a fatality that same year, and only 1.7% led to a serious injury.
While some accidents may only result in cuts and bruises (road rash)—or even broken bones—the truth is that motorcycle wrecks often lead to very severe injuries. The most common types of catastrophic motorcycle accident injuries include:
Any of these injuries can lead to chronic pain or disability and significantly diminish your quality of life. A serious injury could even impact your ability to earn a living in the future. Before making any decisions and/or signing anything from the insurance company, it’s vital that you discuss your case with an attorney in order to understand all of your options.
The Challenges You’ll Likely Face
Despite the commercials that portray insurance companies as caring and compassionate, the reality is that they’re just businesses looking to make a profit for their shareholders. Their business model is to take in more money than they give out; not to do what is right or fair. The insurance adjuster handling your claim is literally trained to do everything they can in order to minimize the impact of your claim on the company’s bottom line.
Insurance companies handle motorcycle accident claims just like yours every single day. They have strategies for winning these cases, and they’re not above manipulating evidence or flat out lying to your face about coverage. The unfortunate truth is that without an attorney, the insurance company simply holds the upper hand.
One of the most common defense tactics used by insurance companies is to point the finger back at the motorcyclist. They know that there’s a stigma associated with bikers as being reckless or unsafe drivers. While that’s clearly an unfair stereotype, they know that if the case ever went before a jury, this potential bias could prove helpful to their defense.
Even when an accident report clearly states that the motorcyclist was not at fault, the insurance company will always attempt to place all or some of the blame back on the biker. One of the first things they do is pull your driving records and scour your social media profiles in order to find anything that could make you look like a bad or reckless driver.
Without a Dallas motorcycle accident attorney willing to fight these tactics and back up your demand with a lawsuit, you’re simply at the mercy of the insurance company. They want to frustrate and delay at every turn, but you don’t have to play their game.
To begin with, anyone who wishes to operate a motorcycle in Texas must first obtain a Class M driver’s license. In order to be granted a Class M license, individuals must take a motorcycle safety course approved by the Texas Department of Public Safety. In addition, all applicants must perform a motorcycle road test (unless they meet certain exceptions).
In Texas, no one under the age of 5 years old can ride as a passenger on a motorcycle. Any passengers between the ages of 5 and 21 must wear a helmet. In order to carry a passenger, the motorcycle must be equipped with a permanent passenger seat, foot pegs, and hand holds.
Lane splitting—the practice of moving between lanes of traffic to pass slower-moving vehicles—is surprisingly not mentioned anywhere within the Texas Transportation Code. While many believe that this practice is dangerous, it has not officially been outlawed in codified law. If someone is lane splitting dangerously or at an unreasonable speed, though, it could be considered reckless driving.
One of the most important laws pertaining to motorcyclists in Texas is the motorcycle helmet law. We all know that wearing a helmet greatly reduces the risk of death or serious injury in a motorcycle accident, but the statistics really do a better job at driving the point home. According to the CDC, helmets reduce the risk of death in a motorcycle crash by a whopping 37 percent. They also reduce the risk of head injury by nearly 70 percent! In 2016 alone, motorcycle helmets saved an estimated 1,859 lives nationwide.
All motorcycle operators under the age of 21 must wear a helmet when operating a motorcycle in Texas. Anyone 21 or older can choose to ride without a helmet, but only if they have completed a required safety course or have an approved insurance policy with at least $10,000 in liability coverage.
If you choose to not wear a helmet on your motorcycle, you should understand that doing so may impact your ability to recover damages should you be involved in a wreck. Texas is a modified comparative negligence state, which means that if your actions (i.e., failure to wear a helmet) contributed to the severity of your injury, your ability to recover compensation could be severely limited.
Why It’s Important to Hire a Lawyer
Not only can a motorcycle accident lawyer determine whether or not you have a strong case, but they can also give you an idea of how much your case may be worth. They can explain the process of filing a claim, what to expect, and answer any questions you have about your potential case at absolutely no cost.
Any personal injury case can be complex, and motorcycle accidents are particularly challenging given the bias people often have against bikers. Think of your attorney as your personal advocate. Their job is to deal with the insurance company, to look out for your best interests at all times, and to make sure that you’re fairly compensated in the end.
The reason that most motorcycle accident victims hire personal injury attorneys to handle their insurance claims is because motorcycle accidents generally result in very serious injuries. While claims involving property-damage-only are generally straightforward and uncontentious, any claim involving an injury will be heavily contested by the insurance company. This is because:
- Personal injury cases are generally worth much more money; and
- Someone’s “pain and suffering” is inherently subjective (and thus open for debate/conjecture).
Due to the fact that motorcycle accidents often result in large payouts, insurance companies will fiercely defend these cases. Hiring a lawyer not only protects your interests, but it also shows them that you’re not going to be pushed around.
When you hire an attorney, they’ll begin by investigating the facts of your case. Instead of having to deal with the insurance company yourself, your attorney will handle all communication moving forward. After you’ve treated, your attorney will issue an official demand. If negotiations ultimately prove unsuccessful, your attorney will file a lawsuit and represent you in court if necessary.
Don’t be fooled. The insurance adjuster who seems nice over the phone is not on your side. They are actively working against your best interests. Having legal representation of your own not only turns this lopsided battle into a fair fight, but it can also have a tremendous impact on the value of your case.
How Much Is a Motorcycle Accident Case Worth?
While it can be difficult to predict the true value of any motorcycle accident case early on, there are generally two factors which play a vital role in how much a case may be worth: liability and damages.
Before getting into damages, let’s briefly discuss liability. As the plaintiff (the one bringing the claim), the burden is on you to prove that the other party was responsible, and thus liable, for your losses. Liability is not always black and white—particularly when it comes to motorcycle accidents. If the other party is found to be only partially liable, any compensation ultimately awarded will be reduced accordingly.
The value of any personal injury case is most-closely tied to the damages you’ve suffered as a result. Generally speaking, the more significant the injury, the higher the damages (i.e., the amount you’re seeking) will be.
Damages are customarily broken down into two categories: economic damages and non-economic damages. Economic damages include just about any type of loss that can be documented or easily proven. Non-economic damages are generally those which are subjective in nature or more difficult to put a number on.
Examples of Economic Damages:
Examples of Non-Economic Damages:
Mental and emotional anguish
Disfigurement or impairment
Loss of companionship and society
Loss of enjoyment of life
While it can be difficult to assign a specific dollar figure to one’s pain and suffering or hedonic damages, this is another area where a law firm can prove incredibly valuable. Our attorneys understand how these types of cases are typically valued, and we will utilize this knowledge (as well as case precedent) to not only put a number to these losses, but to justify this number to the insurance company.
How Much Does It Cost to Hire an Attorney?
At Montgomery Law, we handle all motorcycle accident cases on a contingency fee (no-win no-fee) basis. This means that rather than charging an hourly rate or requiring a retainer, you pay absolutely nothing out of pocket. We will never bill you or ask you for a dime, because we only earn a fee if (and when) we win your case.
This type of arrangement aligns the goals of the attorney and client in an important way. Under a contingency fee agreement, you and your attorney both want the same thing: the highest possible recovery (whether through a settlement or trial) with no unnecessary delay. Because we’re in this together, you can count on us to keep the pressure on and to ensure that nothing falls through the cracks.
For many motorcycle accident victims, we know that it can be tempting to try and deal with the insurance company directly. We understand that you just want what you’re owed, to pay your bills, and move on with your life. In most cases (particularly those involving a serious injury), attempting to negotiate a settlement yourself is strongly ill-advised.
According to the Insurance Research Council (IRC), accident victims who were represented by an attorney recovered an average of 350% more than those who attempted to handle their own claims. When it comes to a catastrophic injury case, this could equate to a difference of tens—or hundreds—of thousands of dollars.
Another benefit of hiring a law firm like ours is that we can help you get medical treatment at no out-of-pocket cost. Too often, health insurance companies will deny claims related to motor vehicle collisions because they know that someone else (i.e., the at-fault motorist) is ultimately liable for your medical bills.
Our law firm can send you to doctors and medical professionals who operate under what’s called a letter of protection (LOP). This allows you to get the medical treatment you need at no financial risk, and with no insurance deductibles to pay.
The Importance of Acting Quickly
As time passes, it becomes increasingly more difficult to collect evidence that could be vital to your case. It can also be more difficult to find and interview witnesses who may move away or forget important details about your accident. It’s vitally important that you at least seek out a free consultation with a personal injury attorney soon after the accident, even if you’re not yet sure how you wish to proceed.
Texas imposes a strict time limit—known as the statute of limitations—on all personal injury and wrongful death cases. Generally, you have two (2) years from the date of the accident to file a lawsuit. It’s important to note that there are exceptions to this rule. If the victim was killed in a motorcycle crash, family members may only have three (3) months to file a wrongful death claim. If the defendant is a government employee or entity, you may have to put them on notice within 60-90 days (as little as 45 days in some jurisdictions) or any future claims will be statutorily dismissed.
If you’re unsure about what to do—or just have questions—don’t ask the insurance company! Our law firm is available 24 hours a day by phone or email. Our team is happy to answer any questions that you may have, and consultations are always free.
Montgomery Law is highly experienced at handling motorcycle accident claims in Dallas, Fort Worth, and across the State of Texas. Attorney Sadat Montgomery is committed to helping motorcyclists fight back against bias, and our number one goal is to make sure you get the justice and compensation you deserve.
Our law firm has the resources necessary to handle any motorcycle accident case, including access to accident reconstruction experts, pain management specialists, medical experts, and more. We are fierce advocates for our clients, and we spare no expense when it comes to winning your case.
Once again, we work on an exclusive no-win no-fee basis. It costs nothing to hire us, and if we feel as though we can help, we’ll begin working on your case immediately. If you have questions or would like to learn more about Montgomery Law, call us today at 214-720-6090 (local) or 1-833-720-6090 (toll-free).