How to File a Motorcycle Accident Claim in Texas

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Motorcycle accidents are a serious issue in Texas. Data shows that every day, at least one person dies in Texas as a result of a motorcycle accident. If you are a victim of a motorcycle accident in Texas, you have the right to seek compensation from the party responsible for your injuries. An experienced Texas motorcycle accident attorney can help you file a claim against the at-fault party and recover the damages you are owed.

What You Should do When Filing a Motorcycle Accident Claim

Gather Evidence at the Accident Scene

Take pictures and videos of the following things.

  •       Your injuries
  •       Damage to your motorcycle
  •       Damage to the other vehicle
  •       Visible signs of damage to private and public properties in and around the accident scene

This is extremely important as photographic evidence can go a long way in proving the extent of the damages caused by the accident. Generally, the more photos you have, the easier it will be for your Texas motorcycle accident attorney to recover the compensation you deserve.

Gather Information at the Accident Scene

Gather the following information from the at-fault party.

  •       Their Name
  •       Contact number
  •       Driver’s license number
  •       License plate number
  •       Insurance details

Also, talk to potential eyewitnesses (bystanders, people in adjacent buildings, and business owners) and try to get their contact information if possible. Witness statements and testimonies are among the key pieces of evidence your Texas motorcycle accident attorney can use to establish the culpability of the at-fault party.

Get Medical Help Immediately

It is imperative that you seek treatment for your injuries as soon as you can after the accident and follow all the instructions given by the physician.

If there is a long gap between the accident and when you seek medical care or you don’t completely follow your physician’s instructions thoroughly, the opposing party can argue that your injuries are not as serious as you claim. As a result your injury claim can be reduced significantly.

Hire an Attorney

Hire a Texas motorcycle accident attorney to handle your claim. The attorney will calculate the tangible and intangible losses caused by the accident, determine the value of your claim, and send a pre-trial demand letter to the at-fault party’s insurance company.

The Negotiation Process

texas motorcycle accident attorney

Upon receiving your demand letter, the insurance company will come up with a settlement offer of their own. If the compensation offered by the insurance company is sufficient to cover your losses, your attorney will accept it and settle the case. If it’s not sufficient, your attorney will negotiate with the adjuster and try to convince them to increase their offer. If the insurance company refuses to do so, your attorney will take the case to trial by filing a lawsuit on your behalf against the at-fault party.

The Litigation Process

Once your case goes to trial, your side and the defendant’s side will present their arguments and submit their evidence before a judge or a jury. Based on the evidence you present, the judge or jury will decide the amount of compensation to be paid by the at-fault party’s insurance company.

Choose the Right Texas Motorcycle Accident Attorney to Handle Your Claim

At Kirk Law Firm, we know how catastrophic a motorcycle accident can be because we’ve handled countless cases. We can accurately evaluate your claim, gather the evidence required to hold the at-fault party accountable, and fight hard to recover the monetary damages you are entitled to.

Headed by Dana G. Kirk – who has been honored with Martindale-Hubbell’s AV Preeminent Peer Review Rating and is considered one of the top 100 personal injury lawyers in the country today – our firm has represented numerous motorcycle accident victims in Texas and recovered substantial settlements and verdicts.

Call our firm today at 713-929-2670 or contact us online to schedule a free and 100% confidential consultation with one of our Texas motorcycle accident attorneys. 

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