Houston Motorcycle Accident Lawyer

Why Hire Simmons and Fletcher, P.C. After a Motorcycle Accident?

At Simmons & Fletcher, P.C., our team of Houston motorcycle accident lawyers can negotiate with insurance companies on your behalf and demand liable parties be held accountable to the fullest extent of the law. We have fought for traumatic motorcycle accident claimant’s rights for nearly 50 years and have demonstrated results that attest to our success. As your Houston motorcycle accident lawyers, our legal team will work tirelessly to investigate the cause of your motorcycle crash and determine who should compensate you for your damages. Here are some more reasons to choose us as your advocates for your motorcycle accident in Houston:

• Our firm has three partner attorneys with over 75 years of combined experience, but no associates. If we litigate your case, it will be handled by one of our three partners.
• Our firm exclusively handles personal injury claims on behalf of injured victims. We don’t represent insurance companies or just dabble in accident cases while practicing other areas of law.
• Our law firm has been in business since 1979, fighting for injury victims.
• If we do not win your case, you do not owe us any attorney’s fees, and you don’t have to reimburse our attorney for expenses.

When you are ready for an experienced motorcycle victim’s advocate on your side, contact our office at (713) 932-0777 for a free consultation with a lawyer near you today.

Do I Need a Motorcycle Accident Lawyer?

If you are hurt in a motorcycle accident in Houston, Texas, you always have a choice whether you hire a lawyer or try to submit an injury claim on your own. However, you should know that the adjuster’s role for the other driver is to protect them from responsibility and limit the amount they must pay on your claim. They do not have your best interest at heart. If they can avoid responsibility for paying your medical bills, your property damages, and your lost wages, you can bet they will.  Having a Houston motorcycle accident lawyer on your side is the best way to protect your ability to recover compensation.

How Can a Houston Motorcycle Accident Attorney Benefit Me?

A Houston motorcycle accident attorney can assist you in the following ways:

• Help you obtain the necessary medical care you need by recommending medical professions and/or issuing letters of protection to get lien holders and medical providers to delay seeking payment until your claim can be concluded,
• Provide a buffer between you and the insurance adjuster so that they cannot question you directly and attempt to trick you into saying things so they can twist your words to harm your claim,
• Gather evidence to file a motorcycle accident claim,
• Document your injuries so that they can be presented in such a way as to accurately reflect the full effect of the event upon your life,
• Retain experts who can fully evaluate your damages now and in the future, as well as nail down the cause of the accident,
• Prepare a Stowers demand letter that places the risk on the other side if they choose not to settle your claim in a fair and timely manner,
• Evaluate settlement offers to determine whether you are being treated justly and fairly under the law and;
• Help you invest your settlement and plan for your future needs in light of the injuries and losses sustained.

What Does a Motorcycle Accident Lawyer Cost?

The initial consultation with a motorcycle lawyer at Simmons and Fletcher is 100% free, with no obligation to hire us. If you do hire us, we work on a contingency fee basis, which means that you reimburse our expenses, and we are paid a percentage of the amount we obtain for you ONLY if we make a recovery for you. Out of that recovery, our attorney’s fee percentage is one-third if we settle without having to file a lawsuit. If we have to litigate it goes up to 40% and stays there even if the case must be tried to a judge or jury.

Common Causes of Motorcycle Accidents in Houston

Determining the cause of your motorcycle accident injury is essential if you hope to recover fair compensation for your damages. A Houston personal injury lawyer at our firm can begin investigating the cause of your accident to determine whether another party’s negligence was the cause of your catastrophic injuries.

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Our motorcycle accident attorneys have years of experience handling motor vehicle crashes. They can investigate in-depth to determine what caused your accident and who is at fault. Some of the most common causes of these collisions include;

• Distracted driving;
• Speeding;
• Failure to check blind spots to change lanes;
• Drunk driving or driving under the influence of drugs;
• Work-related auto accidents;
• Failure to use a turn signal;
• Making unlawful turns;
• Driving while fatigued;
• Inexperienced driving;
• Failure to stop;
• Failure to yield to the right of way;
• Defective or malfunctioning vehicle parts;
• Hazardous road conditions.

How to Determine Liability for a Motorcycle Wreck

Liability for motorcycle accidents is determined by the exact same rules of the road that liability for motor vehicle accidents is governed by.  If you were following the rules of the road, then liability should fall upon the other driver.

Who May Be Responsible for a Motorcycle Accident?

Some of the parties accountable for your injuries may include:

• Negligent car or truck drivers
• Auto parts designers and manufacturers
• Auto parts suppliers, retailers, and distributors
• Motor vehicle dealerships and executives
• Motorcycle maintenance technicians
• Safety inspectors
• Employees contracted by the state of Texas
• Local municipalities
• The Texas Department of Transportation (TxDOT)
• Other government agencies

These are only a few examples of individuals and entities that could be sued for motorcycle accident injuries. Our investigation will reveal the identities of anyone and everyone who has contributed to the injuries you suffered. This way, you can pursue claims against these parties and fight for the compensation you are entitled to.

What to Do After a Motorcycle Accident

The initial steps you take after a motorcycle crash in Houston could significantly impact your ability to fight for the compensation you deserve. It is important to follow these steps when you have been hurt so you can increase your chances of recovering maximum compensation for your losses. Failure to follow these steps could make it more challenging for you to hold the liable party accountable and win your motorcycle accident lawsuit.

Call Emergency Responders

First and foremost, as soon as you have gotten yourself to safety, you must call emergency responders and 911 for help. Having police and investigators arrive at the accident scene is essential, as these professionals can provide valuable evidence that will later be used to support your case. Law enforcement officials should be available to document the accident through a crash report, which will detail how the accident occurred, who is liable, and other pertinent facts that can help prove the defendant’s fault in your case.

Seek Medical Attention

You may initially feel “fine” after a motorcycle or commercial truck accident. However, a motorcycle accident can be serious. Adrenaline produced after the collision is coursing through your body, making it impossible for you to feel the full extent of your injuries. You could have severe spinal cord trauma, a traumatic brain injury, or internal injuries that may not be noticeable in the aftermath of the accident. It is crucial that you visit a hospital or urgent care center or schedule an appointment with your primary care physician as soon as possible after the accident so you can get the medical treatment and care you need.

This medical evidence can also be used to prove how severe your injuries are and the extent to which your injuries are expected to affect your life well into the future. If you do not get medical help, not only could your condition rapidly deteriorate, but the liable party may attempt to argue that your injuries are not as severe as you are claiming or that the motorcycle accident you were involved in did not cause the injuries or damages you experienced.

Collect Evidence at the Scene

While you are waiting for law enforcement and police to arrive at the motor vehicle accident scene, do what you can to collect evidence to support your case. Some of the most important pieces of evidence that will be used to win your case against the driver that hit you or other at-fault parties include:

• Photos of your injuries
• Photos of damage at the accident scene
• The license plate, registration, and insurance information of the driver that hit you
• The names and contact information of witnesses to your motorcycle accident
• Witness statements from those who were present at the scene
• Video footage of the surrounding area.
• A brief but detailed account of how the accident occurred.

Call an Experienced Motorcycle Crash Lawyer in Houston, TX for Help

It is important to get an experienced Houston motorcycle accident attorney on your side as soon as possible after suffering a catastrophic injury and not to hire the closest one because you think: “Well, he is a motorcycle accident lawyer near me.”  Close is no substitute for experience. Further, although you are not legally obligated to have a personal injury attorney working for you, hiring a dedicated motorcycle accident lawyer makes it possible for you to build a powerful case against the liable party while recuperating.

When you are looking for the right law firm to take on your case, be sure to view our client testimonials to learn more about how our legal team can help you and your family get through these difficult times. Contact us today to schedule a free case evaluation so you can speak with a reputable Houston motorcycle accident lawyer regarding the specific circumstances of your case: (713) 932-0777.

Grounds for a Motorcycle Accident Case

After receiving medical care, you may be anxious about getting started on your personal injury case. Before you do, it is crucial to understand the grounds needed to move forward with your insurance and civil claims against the at-fault party.

Common Motorcycle Accident Injuries

Many motorcycle accident victims have concerns that their injuries are not severe enough to move forward with a personal injury or insurance claim. However, it is crucial to remember that the type of injury you are diagnosed with will not determine your ability to demand justice. Instead, the severity of your injuries and their impact on your life determines whether you have grounds for a claim and how much compensation you could recover.

Some of the most common types of physical injuries motorcycle accident victims experience include:

• Burn injuries
• Road rash
• Degloving injuries
• Spinal cord injuries
• Traumatic brain injury
• Broken bones
• Whiplash
• Soft tissue injuries
• Exsanguination
• Septic shock caused by lacerations
• Back injury
• Neck injury
• Herniated discs
• Penetrating brain injuries
• Post-traumatic stress disorder (PTSD)
• Organ failure
• Orbital fractures
• Nerve damage
• Scars
• Internal bleeding
• Mental anguish.

These are only a few examples of potential injuries you may have the right to sue for. With many years of experience handling motorcycle accident cases throughout Houston and its surrounding areas, we make sure to bring forward our best resources and extensive legal knowledge to determine who was responsible and strengthen our client’s claims.

Contact us today to learn more about whether you have the right to demand compensation from the liable party and the steps you must take to access the financial support you need when you need it most: (713) 932-0777.

The Elements of Negligence

For any motorcycle accident case to be successful, your personal injury attorneys must be prepared to prove the elements of negligence exist in your case, including;

• Duty of care;
• Breach of duty;
• Causation;
• Damages;

We must show that the defendant had a duty of care to you. This means they must have had an obligation to keep you safe or out of harm’s way. Next, we must demonstrate how they breached this duty of care. This breach of duty of care must be the proximate cause of your injuries and damages. Although you do not need to have suffered life-threatening or catastrophic injuries to have grounds for a claim, your life must have been significantly affected financially, physically, emotionally, or psychologically to meet the elements of negligence.

How to Recover Compensation for Your Damages

You might be surprised to learn there are multiple ways you can fight for the compensation you need after suffering devastating motorcycle accident injuries. Some of the most common ways our clients have taken steps to demand justice include the following:

File a Claim With the Insurance Company

First, you may have the right to file a claim with the liable party’s insurance company. Texas is a fault state for tort claims. This means the liable party is almost always expected and required to compensate motorcycle accident survivors for their damages.

Since filing a claim with the insurance company is one of the best ways to recover certain types and amounts of damages, you may have the opportunity to file a claim with the at-fault party’s insurance provider if they have insurance coverage. Most motorists in Texas are legally obligated to carry auto insurance coverage, so this could be one of your best chances to get certain costs covered.

File a Claim With Your Personal Insurer

Although Texas is a fault state, if you decided to purchase no-fault or personal injury protection coverage as part of your personal auto insurance policy, you might have the option of filing a claim against your own auto insurance

However, do not be surprised if, after filing a claim with your insurance company, they increase the amount you are required to pay in premiums when your policy is up for renewal. For this reason, before you file a claim with your insurance provider, make sure you discuss your options with your personal injury attorney.

File a Motorcycle Accident Lawsuit

When the liable party does not have insurance coverage or insurance is not enough to fully cover the value of your damages, filing a motorcycle accident lawsuit may be the best way to recover the compensation you are entitled to.

When you file a personal injury lawsuit in Texas civil courts, you have the right to be made whole. This means you should be reimbursed for every single way your motorcycle accident injuries and the collision itself have impacted your life.

How Motorcycle Accident Insurance Claims Work

Motorcycle accident insurance claims are far more complicated than many people realize. If you assumed you would be able to recover your damages through an insurance settlement and avoid bringing your case to trial, you may be surprised to learn that this is rarely the case.

What Insurance Covers

The insurance company is not legally obligated to compensate you for every single loss. The insurance company will only pay out up to the highest limits of the policyholder’s policy and only cover specific types of damages. For example, bodily injury liability insurance covers medical bills, and property damage liability insurance covers property damages to your motorcycle.

Do Not Get Taken Advantage of By Profit-Driven Insurers

Unfortunately, insurance companies do not have your best interests at heart. The insurance company prioritizes its financial interests above all else and will likely look for opportunities to reduce your settlement or avoid paying out on your claim entirely. For this reason, it is crucial that you have a dedicated Houston motorcycle accident lawyer on your side who can protect you from being taken advantage of during one of the most difficult times in your life.

Especially in the case of another party or parties being involved, insurance companies will try to blame you or downplay the extent of your injuries. Remember that you should not have to settle for less. Skilled Houston motorcycle accident lawyers will diligently work on your behalf and deal with insurance companies on every aspect of the negotiations.

Know Your Rights As an Injured Motorcyclist

Motorcyclists have as much right to the road as any other driver. As experienced Houston motorcycle accident lawyers, we have been able to overcome the prejudice some drivers have against our clients and get them the medical and financial recovery they need and deserve for their personal injuries.

We work closely with engineers, accident reconstructionists, medical and forensic experts, rehabilitation experts, and others who can help us fully evaluate each case’s circumstances and client’s needs. Call Simmons and Fletcher, P.C., at (713) 932-0777 for your free consultation today.

Statute of Limitations for Houston Motorcycle Accidents

It is essential that you file your motorcycle accident claim before the statute of limitations expires. Texas law, under Texas Civil Practice & Remedies Code section 16.003, allows injury claimants to file lawsuits within two years of the accident.

The statute of limitations deadline for adults expires two years from the date of the collision. Children under 18 have until their 20th birthday to bring a lawsuit for personal injuries, but the medical bill claims fall under the parent’s 2-year statute as well since they legally owe the bills for their minor children. If your personal injury claim is not filed before time runs out, the court system will refuse to hear your case. Thus, it is important to file a motorcycle accident claim in Houston, Texas

What to Expect if You Are Accused of Sharing Fault

You need a local motorcycle accident lawyer on your side every step of the claims process. However, having an experienced personal injury claim attorney working for you is crucial if you are accused of sharing fault for the accident. One of the top ways liable parties escape financial culpability is by blaming you for causing the accident or your resulting injuries.

For example, if you did not wear a motorcycle helmet, the liable party might argue you are partially at fault for your traumatic brain injuries. If the judge agrees, according to Texas modified comparative negligence laws under Texas Civil Practice and Remedies Code Section 33.001, also called proportionate responsibility, your percentage of blame will reduce your settlement. This can have a significant impact on the amount of compensation you recover. For this reason, it is imperative that your Houston motorcycle accident attorney ensures liability is assessed accurately in your case.

The Value of Your Damages After a Motorcycle Accident

When you have been injured in a motorcycle crash and file a personal injury lawsuit, you can seek reimbursement for all of your losses in the form of a damages award. We categorize your losses as economic or non-economic to ensure we account for all damages.

Economic Damages

Economic damages are entirely financial. They can be easily proven with financial records, income statements, receipts, and other verifiable evidence. Some examples of economic damages you could be entitled to include:

• Costs of repairing or replacing your motorcycle;
• Property damage;
• Medical expenses not covered by your health insurance;
• Current and future medical bills;
• Lost wages;
• Loss of employee benefits;
• Loss of household services.

Non-Economic Damages

Non-economic damages are more difficult to quantify since they do not have a financial value. Your attorney must determine their monetary worth to ensure you receive fair compensation. Some examples of non-economic damages that may be recoverable after a motorcycle accident include:

• Pain and suffering;
• Scarring and disfigurement;
• Loss of enjoyment of life;
• Loss of consortium;
• Emotional distress.

Punitive Damages

Punitive damages may also be possible in your motorcycle accident case. However, punitive damages are typically only awarded when the defendant’s actions are considered grossly negligent, reprehensible, egregious, or intentionally malicious. They are used to punish the defendant for these actions and deter similar conduct from occurring in the future. Unless your attorney suggests otherwise, they are not a compensatory loss, so you should never count on them being awarded in your case.

A motorcycle accident can result in severe injury, and it may take months before making a full recovery. If you or someone close to you has been involved in a motorcycle accident, look to Simmons & Fletcher, P.C. to shoulder the burden of your case. As highly skilled Houston motorcycle accident lawyers, we will handle everything and keep you informed of any legal developments pertaining to your claim. Call us today for your free case review: (713) 932-0777.

Connect With a Houston Motorcycle Attorney Today

The motorcycle accident claims process can be notoriously complex. And getting an experienced and compassionate attorney is difficult. However, when you have our team of personal injury lawyers working on your case, you can rest easier knowing they work tirelessly to build a powerful case against the liable party. If you or someone you were involved in a motorcycle accident in Houston or anywhere else, contact a knowledgeable and experienced Houston motorcycle accident lawyer at Simmons & Fletcher, P. C. for a free consultation when you fill out our online contact form. Getting help is only a phone call away at (713) 932-0777.