Texas Motorcycle Accident Lawyer (2024)

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Tamara Armstrong

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Reviewed By Adam Ramirez, J.D.

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Summary

  • Texas motorcycle accident lawyers can protect your rights
  • There is no average settlement amount in motorcycle accident cases
  • Motorcycle accident lawsuits can be complex and involve various steps

Texas weather, its diverse terrain and scenic routes attract motorcycle riders to the Lone Star State all year around. Unfortunately, accidents are always a possibility. If you’ve been involved in a crash, finding a top-notch Texas motorcycle accident lawyer can protect your rights and maximize compensation.

At ConsumerShield, we can connect you with the best legal representation, offering support and protection when you need it the most. Let us walk you through some of your questions and concerns, such as how to hire an attorney and the cost of legal representation.

Free Motorcycle Accident Case Review

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How Much Does a Motorcycle Accident Lawyer Cost in Texas?

Motorcycle accident lawyers in Texas typically work on a contingency fee basis. This means you only pay the attorney’s fee if and when you win your case and recover compensation. Contingency fees can vary depending on the attorney’s expertise and the complexity of your case but usually amount to around one-third of the recovery.

How to Hire a Texas Motorcycle Accident Lawyer

According to the Texas Department of Transportation (TXDOT), motorcycle deaths are on the rise in the state. When the worst happens, and you get hurt or a loved one dies in a crash, hiring a skilled lawyer can be critical for getting justice. Here are some steps to take when looking to hire a Texas motorcycle accident lawyer:

  • Ask for attorney referrals from family and friends
  • Choose an attorney who specializes in motorcycle accidents
  • Enquire about the attorney’s track record in cases like yours
  • Schedule a free consultation to discuss your case
  • Ask about the attorney’s fee structure

Free Motorcycle Accident Case Review

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Average Motorcycle Accident Settlement in Texas

No two motorcycle accidents are the same, which is why there is no average settlement amount in such cases. What you can recover will depend on various factors, including:

  • Extent of injuries. Permanent motorcycle accident injuries typically result in larger settlements due to high medical costs and awards for pain and suffering.
  • Property damage. Motorcycle damage and the loss of other property in the accident impacts settlement amounts.
  • Lost wages. If you’re unable to work due to motorcycle accident injuries, your settlement likely includes lost wages and loss of future earnings potential.
  • Legal representation. Working with a seasoned Texas motorcycle accident lawyer can make a world of difference for your claim. They fight for maximum compensation and take your case to trial if necessary.
  • State laws. Texas motorcycle accident laws can play a role in your recovery. Texas follows the modified comparative fault system, meaning you can only recover damages if less than 51% at fault.

Law firms have reported nationwide settlements averaging at around $80,000. However, payouts can range from a few thousand dollars in moderate accidents to millions of dollars in severe crashes involving life-changing injuries or wrongful death. Consult an attorney to determine the value of your claim.

Filing a Motorcycle Accident Lawsuit in Texas

If you cannot recover a fair settlement from the insurance company or at-fault party, you will need to file a motorcycle accident lawsuit to get what you deserve. While filing a lawsuit can seem stressful, a Texas motorcycle accident lawyer will walk you through the process and help you pursue justice and compensation.

First, your attorney can gather evidence, such as police reports, witness statements and expert testimonies. They’ll ensure you’re not missing any deadlines, such as the Texas Statute of Limitations, which generally only allows you to file suit within two years of the accident. Your attorney can also complete and file all legal paperwork, reducing overwhelm and allowing you to concentrate on your recovery.

Free Motorcycle Accident Case Review

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How Does a Motorcycle Accident Lawsuit Work in Texas?

Filing a motorcycle accident lawsuit in Texas involves several steps that can vary slightly from one case to another. Here’s a general breakdown of the legal process in personal injury claims:

  • Filing a complaint. Filing a legal complaint outlining the details of your accident and the damages you seek is the first step of a lawsuit. Your Texas motorcycle accident lawyer can complete the complaint and file it in court.
  • Discovery. During the discovery process, both sides exchange evidence, such as accident reports, medical reports and expert witness testimony.
  • Negotiation and settlement. Motorcycle accident cases are typically settled out of court. However, if negotiations for a settlement fail, your case might move to trial.
  • Trial. If the defendant in your claim refuses a fair settlement, your case may go to trial. At trial, both sides present their arguments and evidence before a judge or jury.
  • Appeals. After the judge or jury reaches a verdict, either party has the right to appeal the decision if they are unhappy with the outcome.

Types of Motorcycle Accident Cases in Texas

The most recent study on motorcycle accidents published by the National Highway Traffic Safety Administration (NHTSA) shows that drunk driving plays a significant role in fatal motorcycle crashes. Other types of motorcycle accident cases include those due to speeding, failure to yield and unsafe lane changes.

However, causes unrelated to driver behaviors, such as bad weather conditions, road defects and construction sites can also result in tragic accidents leading to personal injury or wrongful death lawsuits.

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Frequently Asked Questions

  • How long your claim takes depends on your damages, whether fault is disputed and other circumstances. Generally, an out-of-court settlement can be achieved in only a few weeks, while contested cases moving to trial may take a year or more to resolve.

  • What you can recover in a motorcycle lawsuit will depend on the extent of your injuries and other factors. Typically, motorcycle accident victims can qualify for a range of damages, including medical bills, wage losses, ongoing care and pain and suffering.

  • It depends. If you had a minor accident without damages and can recover a fair personal injury settlement for your losses, you probably won’t need to hire a Texas motorcycle accident lawyer. However, if you suffered significant injuries and damages, such as steep medical bills and loss of income, hiring an attorney can be essential for receiving the compensation you deserve.

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