Waco Motorcycle Accident Lawyer
A motorcycle ride can be exhilarating, but riders are at risk of serious injury in the event of a collision. Motorcyclists are much more vulnerable to road hazards than occupants of passenger vehicles because they have no physical barrier shielding their bodies from impact. According to National Highway Traffic Safety Administration (NHTSA) statistics, motorcyclists are nearly 29 times more likely than car riders to die in a crash. If you have been injured or have lost a loved one in a motorcycle accident, a Waco personal injury lawyer at Craft Law Firm can help you get compensation for your loss.
- At Craft Law Firm, we handle cases involving catastrophic injury in transportation incidents.
- We have taken on some of the largest companies in the world, including energy giants and automotive manufacturers, and obtained successful results for our clients that changed their lives.
- We represent victims. We deliver!
We handle all cases on a contingency fee basis, so we never charge a fee unless we win. Call us today at 254-212-4107 for a free consultation.
Why You Need a Motorcycle Accident Attorney
Motorcycle accident lawyers specialize in personal injury law and have a deep understanding of the legal complexities involved in such cases. They are familiar with the laws and regulations specific to motorcycles, which can differ from those related to regular motor vehicles. As a result, hiring a motorcycle accident lawyer can be beneficial for this and several other reasons:
Maximizing Compensation
A skilled lawyer will work to ensure you receive fair and maximum compensation for your injuries and damages. They can assess the extent of your injuries, both physical and emotional, and calculate the appropriate compensation you deserve.
Gathering Evidence
A lawyer will conduct a thorough investigation of the accident, gathering crucial evidence such as eyewitness testimony, police reports, photographs of the crash scene, and any available video footage. This evidence is essential in establishing liability and proving the other party’s negligence.
Dealing with Insurance Companies
The insurance company will often try to settle claims for the lowest possible amount. Having a lawyer by your side can protect you from being taken advantage of.
Trial Experience
If a fair settlement cannot be reached through negotiations, a motorcycle accident attorney is prepared to take your case to trial. Having someone with courtroom experience can significantly increase your chances of a favorable outcome.
Peace of Mind
Knowing that you have a skilled legal advocate handling your case can provide peace of mind during a challenging time, allowing you to focus on your recovery and moving forward.
Motorcycle License Requirements
The most important thing for any motorcyclist is training. Motorcyclists must meet additional requirements after obtaining their regular driver’s license in order to obtain a Class M license to operate a motorcycle. As is required for a regular driver’s license, motorcyclists must complete a safety training course, a written test, and a road.
All registered motorcycles must pass an annual inspection to certify that all their component parts are functioning properly, and they are fit to be on the road. There are helmet laws that require motorcyclists under a certain age to wear a helmet while riding their motorcycles. There are also passenger laws that regulate motorcycle passengers. Every state has different safety laws and motorcyclists are required to know the motorcycle laws in their state.
Causes of Motorcycle Accidents
Motorcycle accidents are most often caused by negligence. Some of the more common causes of motorcycle accidents are:
- Reckless driving – speeding, weaving between cars, dangerous lane changes, and driving while intoxicated
- Visibility – because of their size, motorcycles can be difficult to spot by other vehicles on the road
- Blind spots – motorcyclists are at risk if they find themselves in the blind spot of vehicles making a left-hand turn
- Cars passing – gusts of wind from other vehicles passing a motorcycle can cause the motorcyclist to lose control resulting in an accident
- Corner turns – turning corners can be very dangerous for motorcyclists. Unfamiliar and poorly maintained roads pose a greater danger for motorcyclists
Types of Compensation Available in a Waco Motorcycle Accident Claim
Here are the common types of compensation that can be recovered in a Waco motorcycle accident claim:
Medical Expenses
This includes compensation for past, current, and future medical expenses related to the injuries sustained in the accident. It covers hospitalization, surgeries, doctor visits, prescription medications, rehabilitation, and any other necessary medical treatments.
Lost Wages
If you cannot work due to your injuries, you may be entitled to compensation for the wages lost while recovering, including both past and future lost earnings, including any reduction in earning capacity.
Property Damage
Compensation for the repair or replacement of your motorcycle and any other property that was damaged in the accident, such as helmets, riding gear, and personal belongings.
Pain and Suffering
This is not an actual financial loss but intended to compensate you for the physical pain, emotional distress, and mental anguish experienced as a result of the accident and their injuries.
Loss of Enjoyment of Life
If the accident has caused long-term or permanent injuries that impact your ability to enjoy life’s activities.
Punitive Damages
Punitive damages are rarely awarded but may be possible if the at-fault party’s behavior was especially reckless or intentional.
How Much Compensation Can You Get After a Texas Motorcycle Accident?
The amount of compensation you can receive after a motorcycle accident depends on the cause of the accident and the extent of your injuries. You may be entitled to compensation for your medical expenses, lost wages, and even your pain and suffering.
Unfortunately, there are biases against motorcyclists, including that motorcyclists are thoughtless and reckless drivers. These biases can work against a motorcyclist who has been injured in a motorcycle accident. An experienced Waco motorcycle accident lawyer can help you overcome these biases to recover your losses from the accident. Your lawyer would have access to professionals such as accident reconstruction experts, motorcycle operations experts, medical experts, and economists, who will work to prove your case and put a value on your losses.
Your Waco motorcycle accident lawyer can also advise you of any implications if you are found to be partially at fault for the motorcycle accident. All states have their own rules, and your lawyer can tell you what to expect. For example, if you are in a state where the doctrine of contributory negligence is followed, then you will not be entitled to any compensation even if you are only one percent at fault. Craft Law Firm has litigated on behalf of clients in more than 30 states and we can help you with your case.
Who is Liable for a Motorcycle Accident?
Liability for a motorcycle accident depends on the specific circumstances of the accident. In general, the party considered at fault or negligent in causing the collision is liable for the resulting damages and injuries. Here are some common parties held responsible in motorcycle accident claims:
Other Motorists
If the accident was caused by another motorist’s careless or reckless actions, such as speeding, distracted driving, failure to yield, running a red light, or making an unsafe lane change, that driver may be liable.
Employer
In accidents involving a company or commercial vehicle, the driver, the company that owns the vehicle, or both might be responsible, depending on the circumstances.
Government Entities
Poor road conditions, inadequate signage, or lack of proper road maintenance can contribute to motorcycle accidents. In such cases, government agencies responsible for road upkeep might be liable.
Manufacturers
Defective motorcycle parts or equipment, such as brakes, tires, or helmets, can lead to accidents. In such instances, the manufacturer or distributor of the faulty product can be held accountable.
Can I Recover Compensation if I Was Partly to Blame for a Motorcycle Accident in Waco?
You may still be able to recover compensation for a motorcycle accident in Waco, even if you were partly to blame. Texas follows a modified comparative negligence rule, also known as proportionate responsibility. Under this law, you can seek compensation as long as your percentage of fault in the accident is not 51% or more. If you are found to be 50% or less responsible, you can receive compensation, but it will be reduced in proportion to your degree of fault.
For example, if you were found to be 20% at fault for the accident and the total damages awarded are $100,000, you would be eligible to recover 80% of the total damages, which would be $80,000. However, if you are found to be 51% or more at fault for the accident, Texas law bars you from recovering any compensation from other parties involved.
How Long Do I Have to File a Claim?
The time limit within which you must file a motorcycle accident claim is known as the statute of limitations. This law varies from state to state, and it sets a strict deadline for initiating legal action after an accident or injury. In Texas, it is generally two years. This means you have two years from the date of the motorcycle accident to file a lawsuit seeking compensation for your injuries and damages. If you fail to file a claim within this time frame, you may lose your right to pursue a legal case.
How Much Does a Waco Motorcycle Accident Lawyer Cost?
Most motorcycle accident lawyers in Waco work on a contingency fee basis, which means their fees are contingent upon the case’s outcome. In other words, they only get paid if they successfully recover compensation for you. Here’s how the contingency fee arrangement typically works:
No Upfront Fees
You do not have to pay any money upfront to retain their services or initiate the legal process. This can be beneficial, especially if you are facing financial challenges due to medical expenses and other costs resulting from the motorcycle accident.
Percentage of the Settlement or Verdict
If the lawyer successfully resolves your case and obtains a settlement or favorable judgment, they will take a percentage of the compensation as their fee. The specific percentage may vary, but typically ranges from 33% to 40% of the total settlement amount.
Additional Costs
In addition to the contingency fee, some motorcycle accident attorneys may also deduct other case-related expenses, such as court filing fees, expert witness fees, investigative costs, and other out-of-pocket expenses. It is essential to clarify which costs, if any, you may be responsible for.
No Fee if No Recovery
If the lawyer is unable to secure compensation for you, they will not charge you any fees.
Contingency fees can be advantageous for many individuals because they allow access to skilled legal representation without requiring significant upfront costs. This arrangement incentivizes the lawyer to work diligently on your case to achieve the best possible outcome, as their payment is directly tied to the success of your claim.
Speak With a Waco Motorcycle Accident Lawyer Today
We offer free consultations at Craft Law Firm. If your or a loved one has been in a motorcycle accident and have suffered losses, call us at 254-212-4107 for a free consultation with a Waco motorcycle accident lawyer. If you were injured in an automobile accident, contact our Waco car accident attorneys.