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 @

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.

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 bike accident attorneysa 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 car accident lawyerssole 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.

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.


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.


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.


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.


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.


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.


accident lawyers
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.

Criminal Law

Criminal Law

“Criminal Law” is the name given to the branch of law that governs an individual’s relationship to the state. It includes the definitions of criminal offenses, which are usually established by Congress or state legislatures. The term “criminal law” also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions and post-trial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed an act beyond a reasonable doubt.

The criminal process can be complex and confusing, so it is important to understand your legal rights. The best way to be informed is to contact our office as soon as possible. We understand the law as it relates to the crime you’ve been charged with, and will be able to help you in making informed decisions as your case moves through the process.

Stop. You may be stopped for questioning by the police. A stop is not the same as an arrest because, although you may be detained, you aren’t moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer.

Search. The general rule is that warrants are required for searches. But search warrants are not required for the following:

Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.

Automobile searches: If you’re arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.

Exigent circumstances: Searches may be conducted if there are “exigent circumstances” which demand immediate action, such as to avoid the destruction of evidence.

Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.

Consent: If you consent to a search of your body, your vehicle or your home, police are not required to have a warrant. You aren’t required to consent to any police searches.

Search Warrants: A search warrant authorizes police to conduct a search of a specific place, such as your residence. In order for a warrant to be issued by a judge, “probable cause” is necessary. Probable cause to search means it is more likely than not that the specific items to be searched for are connected with criminal activities and will be found in the place to be searched.

Arrest. In order to be arrested, there must be what’s called “probable cause.” This means that there must be a reasonable belief that a crime was committed, and you committed the crime. An arrest warrant is not necessary.

Criminal Law

After you’re placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an attorney. After your arrest, you aren’t required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney.

Booking. After you’re arrested, the police will bring you to the police station for the booking process. You’ll be fingerprinted and asked a series of questions, such as your name and date of birth. You’ll also be searched and photographed. Your personal property such as jewelry will be cataloged and stored.

Arraignment. Criminal charges are processed through District Courts, Circuit Courts or Juvenile Courts. Felony charges may only be tried in Circuit and Juvenile Courts. Misdemeanors are usually tried in District Courts. Juvenile Courts try both felonies and misdemeanors. Once criminal charges are filed, you’ll make a court appearance that is known as an “arraignment”, usually in a District Court. If you’re incarcerated, this will usually occur within 72 hours of your arrest. During your arraignment, you’ll be asked to enter a “plea” to the crime you’ve been charged with. Possible pleas are:

Guilty: If you plead “guilty,” you’re admitting to the facts of the crime and the fact that you were the one who committed that crime.

Not guilty: A “not guilty” plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.

Nolo contendere: A “nolo contendere” plea indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea, because guilty pleas can be used against you in later civil lawsuits.

If you plead “guilty” or “nolo contendere,” there will not be a trial. You’ll then be sentenced. District Courts cannot accept a guilty or nolo contendere plea to a felony. The case will be certified (transferred) to Circuit Court for disposition.

During the arraignment, the court will also: Set or refuse to set bail or release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations.

Bail. Bail is money or property put forth as security to ensure that you’ll show up for further criminal proceedings. Bail can be posted in cash or by a pledge of property (if permitted in that court) or by a bail bond posted by a professional bail bondsman, an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court.

Speedy Trial. You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that trials be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense. If you are charged with an offense in Circuit Court and incarcerated in a city or county jail pending trial, you are required to be released if you are not brought to trial within nine months from the date that charges were filed against you or, in some instances, from the date of your arrest.

Trial. Many prosecutors will consider “plea agreements,” although it’s not legally required. If you don’t reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage. Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by Pleading guilty; or choosing a bench trial (a trial in front of a judge only). If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury. Jury trials consist of two parts: the guilt or innocence phase where the jury determines whether you committed the crime; and the sentencing phase where the jury determines your sentence.

Appeal. After conviction and sentencing, you have the opportunity to file an appeal of your sentence. If you were convicted based on a guilty plea, you generally may not appeal your conviction. If you were convicted after a trial, you have an absolute right to appeal. An appeal is not a retrial of the case, but it is an examination of the trial record to ensure that the proceedings were conducted in a fair manner. This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal. There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what’s called “legal error” which may include:

Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights

Lack of sufficient evidence to support a verdict of guilty

Mistakes in the judge’s instructions to the jury regarding your case

Criminal Law

You may also appeal due to misconduct on behalf of the jurors, or you may appeal if there is newly discovered evidence to exonerate you.

Sex Crimes. Thanks to Megan’s Law, passed by Congress in 1996 as an amendment to the Jacob Wetterling Crimes Against Children’s Act, every state and the District of Columbia require sex offenders to register with state or local law enforcement officials after being released from prison. These laws help ordinary citizens keep themselves and their families safe by providing them access to information about potentially dangerous sex offenders living in their neighborhoods. The original Megan’s Law was enacted in 1994 after seven-year-old Megan Kanka was lured into a neighbor’s house then brutally raped and murdered by a known sex offender. The offense started a nationwide movement toward creating state sex offender registries. Although the details vary from state to state, Megan’s Law requires sex offenders to notify state or local law enforcement agencies of any change of address after being released from prison. Law enforcement officials then notify the public of sex offenders living in their neighborhoods. If you are convicted of a “sex crime”, you will be required to register through the local Sheriff’s office.

Expungement. If you are found guilty of committing an offense, you may, under certain circumstances have the record of that offense expunged or “sealed” as it is known in here. Once you successfully complete your sentence, you must contact an attorney to begin the process. The court will not automatically seal your record. The attorney will need a copy of the “Judgment and Commitment” Order from the office of the Circuit Clerk in the county in which you were convicted, which you may obtain by contacting the Clerk’s office and making the request. It helps if you know your case number.