If you have been injured while riding a motorcycle in Texas, it is important to consult with an experienced personal injury attorney in Houston immediately.
The statute of limitations (SOL) for most motorcycle accidents in Houston is two years under section 16.003 of the Texas Civil Practice and Remedies Code. A statute of limitations prevents a person from a filing a lawsuit for any damages they sustained as a result of their motorcycle accident after a certain period of time has passed. Since this period is only two years in Texas, it is very important to consult with a knowledgeable local law firm as soon as you are able.
Houston Motorcycle Accident Lawyer
Contact Ben Bronston & Associates at 713-CALL-BEN or (713) 225-5236 for a consultation about your case. We are proud to continue fighting for the rights of Texas bikers and their passengers. Attorney Ben Bronston is knowledgeable in all areas of Texas and Louisiana’s laws pertaining to injuries sustained from motorcycle accidents and will make every to help you receive the compensation you need during this critical time.
Information on Compensation for a Motorcycle Accident
- Dealing with Insurance Companies
- Potential Causes of Motorcycle Accidents
- State Requirements for Bikers
- Actions After a Motorcycle Accident
- Resources for Motorcylce Accidents in Texas
Many times after a motorcycle accident, the injuries party or parties will seek compensation from the negligent driver’s insurance company. However, it is generally a better idea to speak with an lawyer first. The insurance company is generally looking out for their best interest and do not want to pay more money than they have to. They will often attempt to misconstrue your statements so they don’t have to pay any money.
Additionally, an insurance company will only pay out money up to the negligent driver’s policy limits, if that much. Even worse, if the other driver was underinsured or not insured, your medical bills, any pain and suffering, and any other damages you may have sustained will probably not be compensated for at all.
Insurance companies will also generally take a lengthy time to process a claim after a motorcycle accident, which can even then be denied ultimately. If you contact an experienced personal injury lawyer as soon as you are in a motorcycle accident, they will make every effort to help you recover compensation as soon as possible and file a lawsuit if the parties are unable to reach a settlement.
A motorcycle accident can pccur in a variety of ways. When driver's are negligent on the roads, however, serious crashes are much more likely to occur. Some of the scenarios in which negligent actions can lead to motorcycle accidents include:
- Failing to yeild to a motorcycle
- Failing to observe caution when changing lanes
- Swerving in front of a motorcyclist
- Cutting off a biker at an intersection or merge
- Failing to follow at a safe distance
- Driving while distracted by texting, passengers, or other hazards
- Driving while under the influence of alcohol or drugs
Any of these scenarios pose a dangerous risk to other drivers, and cyclists on the road in particular. An inattentive driver can easily cause a crash with a motorcycle and lead to serious injury or even death.
Everyone who operates a bike, motorcycle or motorbike must follow certain rules and requirements in Texas. If the person who caused your accident failed to abide by these requirements, this failure may be used as evidence to show they breached their duty when operating their motorcycle.
For example, Texas law requires anyone to wear a motorcycle helmet who is 20 years or younger when operating their motorcycle. Additionally, anyone who is 21 or older must have proof of health insurance in order to operate their motorcycle without a helmet.
Motorcyclists must also have a valid motorcycle license, which is known as a Class M license, in order to operate a moped, motorcycle or any other motorized cycle in Texas. Additionally, all motorcyclists must be 16 years old or older, show proof of liability insurance, have passed a Basic Motorcycle Operator Training Course as provided by the Department of Public Safety, and also have a valid unrestricted license.
All motorcycles are also required to have certain equipment, including the following:
- An exhaust system,
- A head lamp,
- A mirror,
- A license plate lamp,
- A horn,
- A serial number or motorcycle identification number,
- Steering ability,
- Tail lights,
- A stop lamp, and
- A wheel assembly.
Any failure to follow these rules or to have the correct equipment can be used as evidence in your lawsuit for injuries sustained in an accident caused by a motorcycle rider.
Due to the undeserved reputation of motorcycle drivers as being thrill seekers who attempt dangerous maneuvers, after an individual is involved in a motorcycle accident, he or she may have a difficult time proving that he or she was not at fault.
After a motorcycle accident occurs, the negligent party will often attempt to place the blame on the motorcycle driver. Therefore, after you are involved in a motorcycle accident caused by a negligent driver, it is critical that you contact a auto accident attorney as soon as possible.
Texas DPS - Motorcycle Riders Course: This link provides information on how to enroll in a motorcycle safety course with the Department of Public Safety. The purpose of this course is to make riders more educated on the necessary safety precautions.
Motorcycle Safety Foundation: The goal of this foundation is promote safer motorcycling and make it more enjoyable by educating and training riders. They also seek to make the roads safer for motorcyclists.
Road Guardians: This organization seeks to reduce injuries and fatalities to motorcyclists by providing first response education to motorcyclists. Their belief is that motorcycle safety is comprised of rider education, apparel education, and first response.
Finding an Attorney After a Texas Motorcycle Crash
Contact Ben Bronston & Associates today for a consultation about your motorcycle crash in Harris County, including the cities of Houston, Baytown, Humble, Katy, Pasadena, Seabrook, Spring, Sugar Land, Tomball and Webster. Ben Bronston is a knowledgeable Houston injury attorney who will make every effort to fight for the fair compensation you need. Call 713-CALL-BEN or (713) 225-5236 for a free consultation today.