If you have been injured while involved in a motorcycle crash in Texas, it is important to consult with an experienced personal injury attorney in Houston. Depending on the circumstances surrounding your claim, the lawyers of Ben Bronston & Associates may travel to all areas of Texas and Louisiana to discuss the facts of your case and the options you may have.
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 personal injury attorney immediately.
Houston Motorcycle Accident Lawyer
Contact Ben Bronston & Associates, Attorneys at Law at 713-CALL-BEN or (713) 225-5236 for a consultation about your motorcycle accident claim throughout the areas of Houston, including the Heights, the Galleria, Memorial, Bellaire, Sharpstown, Highland Village, City Centre, Downtown, EaDo, Midtown and Rice Village. 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 damages you are entitled to.
Call Ben Bronston & Associates, Attorneys at Law today about the injuries you suffered as a result of a motorcycle accident. To reach the Lousiana office for a consultation, call (504) 799-0771.
Houston Motorcycle Accident Information Center
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Motorcycle Accident Claims in Houston
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 experienced personal injury attorney 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 damages as soon as possible and file a lawsuit if the parties are unable to reach a settlement.
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Houston Motorcycle Requirements
In order to operate a motorcycle in Texas, all individual who operate a bike, motorcycle or motorbike must follow certain rules and requirements. 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 a motorcycle accident.
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Elements to a Motorcycle Accident Lawsuit
After consulting with a criminal defense lawyer, they will attempt to reach a settlement with the negligent party in your motorcycle accident case that is agreeable to you. If you cannot reach a settlement, your personal injury attorney will file a lawsuit on your behalf against the negligent driver.
In order to recover damages from a motorcycle accident claim in Texas, your personal injury attorney will have to prove the following elements by a preponderance of the evidence standard of proof:
- Duty – Your attorney must be able to show the other driver in the accident who was negligent owed you a duty to act with reasonable care when operating their car or motorcycle. This is a general duty that is owed to all drivers on the road.
- Breach – Your attorney must also be show the other driver breached this duty by failing to act with reasonable care when operating their motorcycle or car.
- Causation – Your attorney must be able to prove the defendant, or the negligent party, actually and proximately caused your injuries when they breached their duty.
- Damages – Your attorney must be able to show you suffered some form of damages, or actual loss, financial loss or pain and suffering.
A preponderance of the evidence standard of proof means your attorney has to prove the other driver was more likely negligent than not when operating their car or motorcycle, and as a result caused the motorcycle accident. The evidence has to be more likely in your favor than not, or in your favor by 51%. This is generally a low burden of proof and much lower than the standard used in criminal cases – beyond a reasonable doubt.
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Houston Motorcycle Accident Damages
According to Chapter 41 of the Texas Civil Practice and Remedies Code, an individual that has been injured in a motorcycle accident can file a claim for any of the following damages:
- Compensatory Damages – These damages include non-economic and economic damages, but do not include exemplary damages.
- Economic Damages – These damages are intended to compensate a plaintiff for any actual loss or financial loss they may have suffered as a result of the motorcycle accident. They are also known as compensatory damages and do not include exemplary or non-economic damages.
- Non-Economic Damages – These damages are intended to compensate a plaintiff for any non-financial loss they may have suffered as a result of the motorcycle, such as physical pain or suffering, mental or emotional pain or suffering, physical impairment or disfigurement, loss of enjoyment of life, loss of consortium, and/or loss of companionship and society. These damages are included in compensatory damages, but do not include exemplary damages.
- Exemplary Damages – These damages are generally awarded to a plaintiff because the defendant acted so offensively in causing the plaintiff’s injuries that they should be punished for their actions. These damages are also known as punishment or punitive damages. In order to receive these damages, the plaintiff must show the defendant acted with malice by intentionally causing the injury or because the defendant knew their conduct created an extreme risk of serious injury and consciously disregarded that risk.
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Ben Bronston & Associates, Attorneys at Law | Motorcycle Crash Attorney in Houston
Contact Ben Bronston & Associates, Attorneys at Law 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 damages you deserve for your motorcycle accident. Contact Ben Bronston & Associates, Attorneys at Law at 713-CALL-BEN or (713) 225-5236 for a consultation about your Houston motorcycle crash claim today. To reach the Louisiana office for a consultation, contact (504) 799-0771.