Motorcycle crash cases carry a built-in bias, riders are blamed for accidents they didn't cause far more often than drivers are.
Our attorneys know how to counter that assumption with scene evidence, witness statements, and accident reconstruction, and fight for compensation that reflects the seriousness of your injuries.
Get in touch with Daspit Law Firm to arrange your free case evaluation. We investigate every crash from the ground up, gathering the scene evidence and witness accounts needed to counter the assumption that the rider was at fault, and fight to hold the responsible driver accountable.
In fatal collisions between cars and motorcycles, the motorcycle rider or passenger dies in 98 percent of cases, while the driver or passenger in the automobile loses his or her life in only 2 percent of such accidents.
This disparity constitutes a great injustice in light of the fact that other research has shown that drivers are at fault for two out of every three crashes between cars and motorcycles.
Some of the most common causes of motorcycle accidents include:
Motorcyclists are also far more likely to suffer serious injuries or death in an accident. According to the Texas Department of Transportation, in one year there were 5,740 motorcycle accidents resulting in catastrophic injury, in addition to 2,078 accidents resulting in minor injuries. Furthermore, injuries occur in only 37 percent of car accidents, as compared with 83 percent of motorcycle accidents.
Let us guide you through the claims process and fight to protect your right to fair compensation. You simply cannot count on the insurance company to treat you fairly.
They will most likely attempt to deny you compensation by demonstrating that you are to blame for your crash or seek to minimize your claim through arguments that your injuries and losses are not as great as they actually are.
The only person you should trust after an accident is your motorcycle accident attorney. Insurance companies do not have your best interest in mind, so you cannot trust them to settle your claim for the level of compensation you deserve, and knowing how to handle recovery from insurance is exactly where our experience matters most.
They are in the business of making money, plain and simple. For this reason, it would be wise to contact the Daspit Law Firm immediately after an accident.
Get to safety, call 911, and accept medical evaluation at the scene even if you think you can walk it off. Motorcycle riders sustain injuries in roughly 83% of crashes compared to 37% for car occupants, and internal and head injuries are frequently not obvious in the first hours.
Do not remove your gear or repair your bike, because your helmet, jacket, and the damage pattern on the motorcycle are evidence. Photograph everything, including road conditions and skid marks, and get witness names, since witnesses counter the assumption that the rider must have been speeding. Do not give a recorded statement to the driver's insurer. Call The Daspit Law Firm at (888) 273-1045 for a free review 24/7.
No, and this is one of the most damaging assumptions riders face. Drivers of the other vehicle are at fault in approximately two-thirds of car and motorcycle collisions, most commonly by turning left across a rider's path, changing lanes into a motorcycle, or pulling out from a stop after failing to see one.
Insurance adjusters and sometimes juries still arrive with a bias against riders, so these cases are won by evidence: scene photographs, vehicle damage geometry, witness statements, and where necessary accident reconstruction.
It does not automatically bar your claim. Texas requires helmets for riders under 21, while riders 21 and over may ride without one if they meet the training or health insurance requirements in the statute. If you were legally riding without a helmet, the other driver is still responsible for causing the crash.
The insurer will nonetheless argue that the absence of a helmet increased your head injuries and try to shift fault onto you under Texas comparative negligence rules. That argument can be met, and it is a reason to involve a lawyer early rather than a reason to accept less.
Motorcycle claims often carry higher value than car claims because the injuries are more severe. Value is built from your past and future medical care, lost wages, lost earning capacity, property damage to the motorcycle and gear, and noneconomic damages for pain, suffering, disfigurement, physical impairment, and loss of enjoyment of life.
Road rash requiring grafts, orthopedic injuries requiring hardware, and traumatic brain injuries all carry long-term costs that a quick settlement will not cover, the kind of catastrophic injuries that need a lifetime, not a moment, to value properly. We do not put a number on a case before reviewing the medical evidence.
Check your motorcycle policy for uninsured and underinsured motorist coverage. Texas insurers must offer UM and UIM coverage, and unless you rejected it in writing you probably carry it. UM applies when the at-fault driver has no coverage or fled the scene, and UIM covers the gap when their limits are too low for your injuries.
You may also be able to pursue the driver personally or, if they were working at the time, their employer. Bring your policy declarations page to a free consultation.
Two years from the date of the crash in most Texas cases, and two years from the date of death for a wrongful death claim. If a governmental entity was involved, such as a city vehicle or a hazardous road condition maintained by a public agency, formal notice may be required within months rather than years.
Beyond deadlines, evidence such as intersection camera footage is routinely overwritten within weeks, so early contact matters. Call (888) 273-1045.
Have you or someone you love been seriously injured in a motorcycle accident? Contact the Daspit Law Firm today for a free case evaluation so that we can advise you of the value of your claim and begin working on an individualized strategy for you.
Our attorneys are available 24/7, including on the weekends and in the evenings, so you can count on our firm to be there in your time of need.
Call (888) 273-1045 to start your case with a free review.
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