Motorcycle Accident Lawyer Pearland TX
Motorcycles are quite popular in Texas. It is certainly easy to understand the appeal of riding on the open road on a motorcycle. But this also carries certain risks. Motorcycles are far more likely to be involved in accidents with larger motor vehicles like cars or trucks. And such collisions often lead to serious injury or death for the motorcyclist.
If a motorcycle accident was the fault of another driver or third party, the victim or their family has the right to seek legal compensation. A qualified Pearland motorcycle accident lawyer can review your case and advise you on how best to proceed. Attorney Keith B. French is an experienced Texas personal injury litigator who has obtained compensation for a wide range of accident victims, and he can put those skills to work for you following a devastating motorcycle accident.
How Can Driver Negligence Lead to a Motorcycle Accident?
Although motorcyclists often have an unfair rap as reckless or dangerous, in reality it is often people driving cars or trucks who are to blame for a collision. Many preventable motorcycle accidents are the result of distracted or inattentive motorists who fail to keep a proper lookout for other vehicles, including motorcycles. Some common accident scenarios include:
- A car makes a left turn at an intersection and fails to yield to an oncoming motorcycle.
- A driver is too distracted talking on their smartphone to notice a motorcycle in their path.
- A driver misjudges the speed of a motorcycle and attempts to pass them.
In addition to dealing with reckless motorists, motorcyclists may also be injured in a serious accident caused by poor road conditions or even a defective motorcycle. When this happens, it may be possible to recover damages from the government authority responsible for maintaining the roads or the motorcycle’s manufacturer, respectively.
What Damages Are Available in a Texas Motorcycle Accident Lawsuit?
Given the lack of protection relative to other vehicles, motorcyclists frequently sustain severe, life-threatening, and even fatal injuries in accidents. Through a personal injury claim, a victim can seek compensation in the form of monetary damages for their past and future medical expenses, rehabilitation costs, lost income and future earning potential, and their pain and suffering. In the event of a fatal accident, the victim’s spouse, children, or estate may file a wrongful death claim against the negligent parties.
Texas is an at-fault state, so a negligent driver’s auto insurance policy is expected to pay for any damages sustained by victims. The motorcyclist’s own insurance policy may also come into play if they have purchased uninsured/underinsured motorist coverage.
Should you speak with insurance after a motorcycle accident?
Before you get on the phone with an insurance agent, it is a good idea to speak with your Pearland motorcycle accident lawyer to determine what the best course of action is. Insurance agents might think they hit the jackpot when it comes to motorcycle accidents. Many people have biases and assumptions about people who ride motorcycles and an insurance agent may use every trick in the book to make it look like the motorcyclist was not being careful, was not wearing safety gear, or did not act responsibly when riding on the road. This is why when the other party’s insurance agent comes calling, you want to make sure you have a lawyer by your side to help you navigate how to respond.
I’m legally obligated to give them a recorded statement, right?
Not exactly. If you are speaking with your personal insurance company following the accident, you are required to give them certain facts about what happened with the accident. You should assume that the call is being recorded and not overshare anything. However, when the other party’s insurance agent gives you a call, you can tell them you will not submit to a recorded statement and that you would like to wait to speak with them when you have a lawyer present. You have the right to ask them to wait for your statement until you and your lawyer are ready.
How might insurance use my recorded statement against me?
It can be easy to fall into this trap: an insurance agent calls and sounds like the genuinely want to know how you are doing following the accident. Why wouldn’t you want to reassure them that you are doing okay? The sad truth is, while it is a human on the other end of the phone call, they have just one job to do. That is to get information out of you so that they can give you the smallest settlement possible. Insurance agents aren’t good at their jobs if you’re getting the most possible compensation from them. The insurance agent will try to get you to admit:
- You were at fault for the accident
- That the witnesses are not necessary to speak to
- That the injuries you sustained are not bad or are healing quickly
- That the accident was not a big deal
What should I do if I am talking to an agent on the phone?
Even the most well-intentioned people can still end up on the phone with insurance adjusters. It is important to have notes in front of you so that you know what you are saying and so that you do not accidentally contradict yourself when you speak. When they ask about your injuries, let them know that you are undergoing treatment for them. Finally, tell them you have nothing more to say unless it goes through your lawyer. The insurance company does not have the power here. You have the power because you know the truth of what happened at that accident and you are still paying for it through physical injuries and possibly even mental and emotional injuries.
Do not hesitate to speak with a lawyer you can trust when you have been in a motorcycle accident.
Contact Keith B. French Law Today
Recovering from a motorcycle accident is often a long and arduous process. The last thing such victims want to worry about is handling their legal claims arising from the accident. This is where an experienced Pearland motorcycle accident lawyer can help take some of that burden off of your plate. So if you need to speak with someone right away, contact Keith B. French Law, PLLC, today to schedule a free consultation.