Texas Attorney Helping Injured Victims With Motorcycle Accident Claims
For many, riding motorcycles is a way of life. Motorcycles give riders a sense of freedom and enjoyment, providing maneuverability that cars do not. However, motorcycle accidents often cause severe injuries and fatalities for riders and other motorists.
The climate in Texas makes motorcycle riding a year-round transportation option, contributing to the state ranking as one of the worst in the U.S. for motorcycle accidents. Whether you are a rider or an occupant or driver of another vehicle, you may qualify for compensation if you sustain injuries in a motorcycle crash. At Cal Mundell Law Firm, PLLC, our El Paso personal injury attorney can help with your accident claim and advocate for your right to receive reasonable compensation. Contact our firm today for a free case evaluation.
Your Rights After a Motorcycle Accident in El Paso, Texas
When you are involved in a motorcycle accident in El Paso, you have the right to pursue legal action. Texas operates under a fault-based insurance system, which means the driver who caused the accident is responsible for covering any damages that you suffer in the crash. This gives you the right to pursue compensation directly from the at-fault driver’s insurance company or through a personal injury lawsuit.
However, Texas law requires you to file a claim within two years of the accident, so time is critical. It is important to reach out to an El Paso motorcycle accident attorney to protect your rights and initiate your claim. An attorney from Cal Mundell Law Firm, PLLC can help you make informed decisions about your case and prevent you from settling for less than you deserve.
Injuries in Motorcycle Accidents
Most bikers wear helmets, although some riders qualify for an exemption in Texas. They might also wear leathers or other kinds of protective clothing. Although these precautions may reduce the severity of injuries sustained in a crash, the protection they provide is minimal. Motorcycle collisions can:
- Throw riders from their bikes, causing an additional impact with the ground or another object
- Drag riders along roadways, creating road rash and other kinds of injuries
- Result in fires, leading to burn injuries for riders
- Crush riders against vehicles
Bikes may fall over on riders, trapping them underneath and causing additional wounds. The vulnerability of riders often leaves them with serious or fatal injuries, such as:
- Traumatic brain damage and other kinds of catastrophic injuries
- Multiple broken bones
- Severe bruises and cuts
- Burns and road rash
- Spinal cord damage
- Internal organ damage
Motorcyclists often have lingering PTSD after a crash, and they may lose their enjoyment of riding. Permanent disfigurement, scarring, and disabilities are also possible results. If someone else’s negligence causes a motorcycle collision, the rider is often able to recover compensation for their damages.
Bikers are not the only ones who might sustain injuries. Pedestrians, drivers, and passengers can also be injured. Everyone injured in a motorcycle crash may be eligible to pursue compensation from the at-fault party.
What Causes A motorcycle Accident in El Paso
Motorcycles are much smaller than cars. Their narrow profiles make them difficult for some drivers to see. Motorcycle collisions are frequently caused to some form of human error, such as:
- Other drivers not noticing the bike, often due to distractions, failing to completely scan traffic, not checking blind spots, or inattention
- Speeding or driving too fast for conditions
- Reckless or aggressive driving
Debris or loose gravel on roads can cause bikers to lose control, and slick road surfaces may also contribute to accidents.
Motorcycle Accident Insurance Claim Challenges
If you intend to seek compensation after a motorcycle crash, you need evidence of another party’s fault to hold them accountable. In addition, Texas’s modified comparative negligence laws prevent you from obtaining any settlement if you are more than 51 percent at fault.
Insurance companies rarely offer fair settlements. They know how much your claim is worth, but they frequently use tactics to minimize how much they pay, such as:
- Denying valid claims
- Intentionally offering far less than you deserve, hoping you are unaware that you can negotiate for a higher amount
- Assigning you an undeserved degree of fault
- Asking you to sign paperwork with fine print or unclear language that damages your claim
- Making very fast or delayed settlement offers
Our firm’s founder, Attorney Cal Mundell, used to represent insurance companies. He knows how they work and how to overcome their strategies.
Why You Need Cal Mundell Law Firm, PLLC on Your Side
Motorcycle accident cases present unique challenges. Insurance companies often unfairly blame motorcyclists for accidents, assuming they were speeding or driving recklessly. Cal Mundell understands these biases and fights back against insurance company tactics designed to minimize your claim.
When you work with our firm, you speak directly with the attorney handling your motorcycle accident case—not a junior associate or paralegal. Cal’s background as a former big firm defense attorney gives him insider knowledge of how insurance companies defend motorcycle accident claims and the arguments they commonly use to reduce settlements.
Motorcycle accidents often result in catastrophic injuries. We will leverage accident reconstruction analysis, expert witness testimony, and comprehensive documentation to prove the injuries’ impact on your life. This approach has helped us settle over 300 cases in just two years, recovering close to $20 million for our clients.
Damages Available in El Paso Motorcycle Accident Claims
Motorcycle accidents often result in severe injuries and significant financial losses due to the limited protection motorcycles provide. Texas law allows you to recover various types of damages to help restore your life after an accident, including:
- Medical Expenses: You can recover costs for emergency room visits, surgeries, hospital stays, rehabilitation, prescription medications, and ongoing medical care related to your injuries.
- Lost Wages: This includes compensation for time missed from work during recovery and reduced earning capacity if your injuries prevent you from returning to your previous job.
- Property Damage: You are entitled to repair or replacement costs for your motorcycle, protective gear, and any other personal property damaged in the accident.
- Pain and Suffering: This covers the physical pain, emotional distress, and mental anguish you experience as a result of your injuries and the accident’s impact on your daily life.
Comparative Negligence Rules and How They Affect Your Motorcycle Accident Claim
Sometimes, multiple people are responsible for a motorcycle crash—for example, you may have been speeding when the driver ran a red light and hit you. When these situations happen, Texas follows a modified comparative negligence system. This means you can still recover damages even if you share some blame for the accident, provided your fault doesn’t exceed the defendant’s responsibility.
If you are found 50% or less at fault, you can pursue compensation, though your award will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% responsible, you’ll receive $80,000. However, if you are 51% or more at fault, you cannot recover any damages under Texas law.
Contact Our El Paso County Motorcycle Accident Attorney 24/7
If you have been injured in a motorcycle accident, Cal Mundell Law Firm, PLLC can help. We will investigate your crash and help you take steps to recover the maximum amount of compensation you can receive for your injuries and other losses. You will not pay any fees unless we win. Contact us at 915-250-0700 today.