Motorcycle Accident Attorneys Texas – Bike Crash Law

Texas Biker Accident Lawyer Discusses Motorcycle Wrecks

With the price of gas skyrocketing, and many cities creating incentives to encourage conservation of gas, more and more people are riding motorcycles. There are more than 400,000 motorcycles on the roads in Texas alone, so there are bound to eventually be accidents. Find more information here @ https://no1-lawyer.com/motorcycle-accident-lawyer-el-paso/
When a motorcycle is involved in an accident, it can result in severe, life-threatening injuries, so it’s important for any motorcycle driver to understand their rights according to the law. If a motorcycle driver has been killed, it is especially important that the family members understand what actions they can take to ensure that the other parties involved in the accident are held accountable for their negligence. Our firm has Texas biker accident lawyers with over 20 years of experience handling personal injury cases. If you or a loved one have been in a motorcycle accident, the team at our Law Offices can help you understand the best course of action, given the details of your case.bike accident attorneys

Motorcycle Accidents Vs. Car Wrecks

It’s easy to see the difference between a wreck involving a motorcycle, and a ‘usual’ car crash. When a person travels by car, they have tons of metal, plastic, and other materials surrounding them, with carefully designed safety features to help protect them in the event of a crash. A motorcyclist has no such protection. Therefore, a motorcycle accident usually results in much more severe injuries than a car crash, and there is a much higher chance of death. The Texas Department of Transportation estimates that around 66% of motorcycle accidents will result in serious injury or death. According to their figures, in 2018 there were 418 fatalities as a result of motorcycle accidents. Furthermore, these fatalities made up 16 percent of all traffic fatalities in Texas that year. This is not even counting the thousands of riders who suffered severe injuries.

This is not to imply that the victim of the accident “had it coming.” This does, however, mean that a motorcycle accident should be handled differently from a typical car crash, from a legal perspective. Many times, a typical car accident can be handled without the need of an attorney. However, in almost all cases, a motorcycle driver who has been in an accident can benefit from the help of a knowledgeable Texas biker accident attorney. Insurance companies know that motorcycle accidents involve a much higher risk of severe injury or death, which means there is usually much higher compensation amounts involved. As a result, insurance adjusters will often get aggressive in trying to protect their own interests. They may try to bully the victim or the victim’s family, or even offer a much lower compensation than what they deserve. Without the help of a competent lawyer on your side, it can be difficult to understand what is fair and adequate compensation, and the insurance company will ruthlessly use that to their advantage.

Injuries That May Occur in Motorcycle Accidents

There are a broad range of injuries that may occur as the result of a motorcycle accident. When a motorcycle crashes, injuries can range everywhere from minor bruises and scratches to life-threatening and debilitating injuries, such as traumatic brain injury or spinal cord injuries. One example of a very common minor injury is ‘road rash’. Road rash is a series of scratches that result from a rider sliding across concrete. Although road rash is a minor (but painful) injury, it’s extremely important to get treatment within a reasonable amount of time. Otherwise, the injury may quickly worsen as a result of infection. If the injury is allowed to go untreated, it may be more difficult to seek compensation for the damages resulting, since the victim is responsible for making every attempt possible to mitigate damages. If the victim of an accident fails to seek medical attention and subsequently develops a life-threatening infection, the negligent parties will not be accountable for any damages that occur as a result of the infection. As you can see, it is very important to seek medical attention, even if it seems that the injuries are minor.

Sometimes, a motorcyclist will suffer more serious injuries in a motorcycle accident, such as fractures or broken bones. Since a motorcycle does not feature the enclosed area that cars do, riders and passengers are usually thrown off the motorcycle. In some cases, they can hit the ground with great force, resulting in broken bones and fractures that require immediate medical attention. The vast majority of riders will not ignore a broken bone, but what they may not realize is that the negligent party may be responsible for more than just the actual medical costs associated with the broken bone. A broken arm or leg can severely hamper a person’s ability to work, depending upon the nature of their job, and if wages are lost due to this circumstance, the negligent party will be liable for compensating the victim for those lost wages. However, in order to recover lost wages, it is usually necessary to file a personal injury lawsuit with the help of an attorney.motorcycle accident lawyers

The most severe end of the spectrum of injuries a motorcyclist may suffer (short of death) involves injuries such as disfigurement, spinal cord injuries, and traumatic brain injuries. These are the kinds of injuries that require life-long attention, and in some cases may require round-the-clock medical care. Severe scarring may not affect a person’s ability to work, but it can affect quality of life by being a constant reminder of the accident (not to mention the social consequences). If an arm or leg has to be amputated as a result of a motorcycle injury, it can severely diminish the victim’s quality of life, and may affect their ability to live an independent lifestyle. It goes without saying that spinal cord injuries and traumatic brain injury can have an extremely severe effect on a person’s independence, mobility, and ability to work or care for themselves. In addition to the immediate ramifications, the victim may suffer from extreme emotional duress as the result of these kinds of injuries. In Texas, it is possible to seek compensation for all of these damages through a personal injury lawsuit, so that the injured person can focus on healing and coping with their injuries.

As you can see, depending upon the severity of the crash, the victim of a motorcycle accident may sustain injuries that require medical attention for a few days, months, or even for the rest of their life. The longer a victim requires medical attention, the higher the cost. In the most extreme cases, the cost of medical care can run into the millions of dollars. With this much money on the table, the insurance company has a keen interest in trying to deny any claim made by the victim. Insurance adjusters handle cases like this for a living, and are used to dealing with people who are ignorant of their rights. Even if you know your rights, it may be difficult to persuade them to take you seriously without the backing of an experienced Texas biker accident lawyer. With our Law Offices on your side, the insurance adjusters will see that you mean business. Sometimes, they will even settle out of court to avoid the expense of a drawn-out personal injury lawsuit that they may likely lose.
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Personal Injury Lawyers – Accident Attorneys

Personal Injury Lawyers – Accident Attorneys

Immediately after being injured in a car accident, you are thrown into an adversarial legal system that is complex and confusing. While you are still receiving initial treatment for your injuries in a hospital emergency room, the parties at fault have already notified their insurance company of the accident. Every insurance company has a team of adjusters, investigators and attorneys whose sole responsibility is to limit the liability of the insurance company and minimize the amount of money they will be required to pay “innocent” auto accident victims. You need the assistance of a qualified car accident lawyer to guide you through the system to ensure that you receive the maximum compensation allowable by law for your injuries.car accident lawyers

There are many mistakes that can be made during the initial stages of a personal injury claim that cannot be undone by even the most experienced car accident attorney. We believe that our car accident lawyers can help “level the playing field” by providing auto accident victims with an accurate straightforward source of information regarding the legal and practical aspects surrounding the auto compensation system.

PRELIMINARY FILE PREPARATION AND INVESTIGATION:

Our car accident attorneys notify all involved insurance companies of our representation on your claim. Our investigators review police reports and other official investigation files. We document the facts of the accident as necessary with on-scene data, photographs and affidavits to prove the extent of the other parties’ fault and to determine the strength of your case. In some instances we may recommend a lawsuit be filed early to deal with special issues or circumstances.

ASSISTANCE WITH YOUR “NO- FAULT” OR OTHER BENEFITS:

Your insurance company may owe you benefits prior to the settlement. After we notify your insurance company of our representation in writing, we follow up with them by phone and fax to expedite payment of your benefits. This phase of the process may be brief or it may take considerable time: some companies are understaffed and slow. It doesn’t “speed up” your benefits to sue. We provide information to influence prompt payment. We can help, but remember, the insurance company writes the checks and controls the payments.

DOCUMENTATION OF DAMAGES:

We contact all of your doctors and hospitals to obtain copies of their billings, records and reports. We also obtain information concerning any loss of income resulting from your injury. We keep in touch with your doctors so we can document the extent of your injury and your prospects for a full recovery. Documenting the medical part of your claim takes as long as it does for your injuries to heal. You will want to be certain you’ve reached a point where your injuries are fully understood before trying to settle your claim.

FINAL DOCUMENTATION AND SETTLEMENT DEMAND:

When your injuries have healed to a point that your damages can be determined, we secure final opinions, reports, and billings from everyone who treated you. We prepare a brochure, which is a written, bound book of documentation summarizing your injuries and the facts of the case. When we are ready to begin negotiations, we submit your brochure and settlement demand to the insurance company who insures the adverse person. It may take several weeks for them to review and evaluate your claim. Their response time depends on seasonal caseloads and other factors beyond our immediate control.

SETTLEMENT NEGOTIATION OR LAWSUIT:

Most cases are settled by negotiation, even when a lawsuit is filed against the adverse party. The process of negotiation is quite variable: if there are few issues or questions about the cause or the extent of your damage, a prompt settlement may be made. But, if there are serious questions about possible fault on your part, or dispute about the extent of your injuries, this takes time and patience to work out. If the issues cannot be resolved with the insurance company, we may recommend a lawsuit be filed to resolve these conflicts. Lawsuits can be settled without going into a courtroom.

DISTRIBUTION AND PAYMENT OF THE PROCEEDS OF YOUR CASE:

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When you have authorized us to settle your case, or a court awards damages, you must sign a final release giving up any further claim. We obtain the settlement funds from the insurance company, retain our fee, pay any outstanding medical bills and remit the balance to you. This ends the process of your claim. Our handling of your case assures a professional result with less stress on you.

This brief summary is a basic guideline. If you have any questions, please contact your car accident attorney on our staff.

Family Law Information

Family Law Information

“Family law” is the name given to the branch of civil law that a family lawyer or a family attorney covers regarding the legal relationships among family members, including husbands, wives, parents, children and domestic partners.

A family law attorney or lawyer deals with the family law relationships which encompass adoption, child custody, visitation rights, domestic violence, divorce, juvenile dependency and delinquency, marital property rights, support obligations and paternity.

The term “divorce” refers to the dissolution or the legal end of a marriage. Arkansas has certain requirements governing when a divorce may be granted, including a residency in the state and county and “grounds” or reasons for the divorce.

“Fault.” Arkansas is a fault-based state. In other words, one party must have greater grounds for divorce than the other in a contested divorce. Some states, like California, have no-fault divorces which only require a separation. Most divorces in Arkansas are uncontested, which means both parties understand that a divorce is inevitable and decline to air out their dirty laundry in court. The most common ground in Arkansas is “general indignities,” which is similar to what people refer to as “irreconcilable differences” and “irretrievable breakdown”. There are specific requirements regarding the division of property, alimony or spousal support, child custody and child support.

“Child custody” refers to custodial awards or determinations involving a minor child. These determinations involve who has the right to make decisions about the child, or legal custody, including decisions about education, religion, medical issues and discipline, as well as where the child will live, or physical custody. With “sole custody”, you alone have legal and physical custody of your child. In a “joint custody” arrangement, you and your ex-spouse share legal and/or physical child custody. If you and your spouse cannot agree on a child custody arrangement, a court will likely make a child custody decision based on the “best interests of your child”.

“Adoption law” creates the legal relationship of parent and child between persons who are not each other’s biological parent or child. There are also different types of a legal adoption. But whether you decide to go through an adoption agency or to adopt from a private person, a decree of adoption usually means that the legal relationship of the adopted child is completely severed with its biological parents and family. For all legal purposes, adopted children become the children of their adoptive parents.

“Child support” payment is a court-ordered amount that the non-custodial parent must pay to the custodial parent to cover a proportionate amount of the child’s expenses, including housing and utilities, food, clothing, education expenses and other costs. Both parents have an obligation to support their children, both before and after a divorce. State laws differ greatly as to how courts calculate child support payment, and child support orders may be modified only by another court order. Courts in Arkansas generally follow the Arkansas Child Support Guidelines set out by the Arkansas Supreme Court.  Complete Child Support information is contained in Administrative Order No. 10, which is also available on the Supreme Court Website.

Family Law

The amount of child support a non-custodial parent must pay is determined by finding the average weekly take home pay and the number of children, then plotting those two figures on the chart.

The court must follow the chart unless one parent or the other can show compelling reasons why the court should deviate upward or downward from the amount found by plotting the income and number of dependents.

Average weekly take home pay is determined by first determining the gross amount of income per pay period and subtracting federal and state tax deductions and the cost of health insurance for the dependents.

“Paternity” is the legal acknowledgment of a parental relationship between a father and his child. A child born to a wife during a marriage is legally presumed to be the husband’s child, but this presumption can be rebutted with evidence to the contrary. A legal determination of paternity can only be established by court order.

If a man has fathered a child, he is not the legal father of that child until a court declares him to be the father. Simply having his name on the birth certificate is not sufficient and he has no legal, enforceable right to visitation or to be a part of the child’s life until the court gives him those rights. A Paternity case may be started by either parent, and a voluntary acknowledgment of paternity speeds the process along. If he denies being the father, a court will order genetic testing to establish or deny parentage. Once paternity is established, the father as well as the child are entitled to the legal rights of a child born within a marriage, including court enforced visitation, support from either parent, medical and life insurance coverage and inheritance protection.