Arlington Motorcycle Accident Lawyer

Yes, you can still file a personal injury claim if you were not wearing a helmet at the time of the accident. Texas law requires helmet use for certain riders, but failing to wear a helmet does not automatically prevent you from seeking compensation.

However, it may affect the amount of compensation you receive if it is determined that not wearing a helmet contributed to your injuries.

It’s extremely important for you to contact an experienced motorcycle accident lawyer as soon as possible after your motorcycle accident.  Texas laws require you to file your motorcycle accident lawsuit by a specific deadline.  This deadline is known as a Statute of Limitations. 

In Texas, the deadline to file a motorcycle accident against another person is two years.  The statute of limitations can increase to four years if the case is against your own insurance carrier.  Things can get a bit tricky, so your best option is to discuss your case with a motorcycle accident attorney so that you can be certain of which Statute of Limitations applies. 

Each motorcycle accident case is unique, so it’s impossible to set an exact time frame for how long it will take for you to be compensated, but here are a few things that can narrow in the time frame a bit. 

First off, it’s unlikely that we will resolve your case until we know the full extent of your injuries. It would be foolish to settle your case for $100,000 and then find out that you require multiple medical procedures that will cost $200,000.  For this reason, your case typically won’t be settled while you’re in therapy.   

Once your medical treatment is done, we will send a copy of your medical bills and records to the insurance company and start negotiating.  Things will typically move along much quicker if the other driver admits that they caused the motorcycle accident and cooperates with their insurance company.  It can take anywhere from a few days to a few weeks for many cases to reach a resolution.  However, sometimes factors such as needing prior medical history, insurance adjusters going on vacation, etc. can slow things down.

If the insurance company provides a fair settlement offer, you’ll likely receive your settlement check within a week or two of reaching the agreement. If the insurance company doesn’t offer a fair settlement amount, then we will need to sue the at fault driver.  Lawsuits can take several months to a few years to reach a resolution.  Our goal is to get you the maximum amount of compensation you deserve as soon as possible. 

If you ride a motorcycle, it doesn’t take long to realize that many, many drivers don’t watch for motorcycles.  Many drivers are distracted by their phones or they just aren’t looking for something smaller than a car.  Driver inattention is a big problem for bikers. 

Here are some of the most common causes of motorcycle accidents:

• Drivers who don’t check blind spots
• Texting and driving
• Opening car doors without looking for oncoming traffic
• Bad road conditions
• Speeding
• Drunk drivers
• Debris in the road

Motorcycle accidents can be particularly devastating due to the lack of protection that a motorcycle provides compared to a car. The injuries sustained can vary in severity, but they are often more serious and can have long-lasting consequences. In this section, we will explore the common injuries associated with motorcycle accidents, with a special focus on catastrophic injuries and the enduring impact they can have on a person’s life.

Catastrophic Injuries

Catastrophic injuries are severe injuries that result in long-term or permanent disability and disfigurement. They significantly affect the victim’s quality of life and often require extensive medical treatment, rehabilitation, and lifelong care. Examples of catastrophic injuries sustained in motorcycle accidents include:

Traumatic Brain Injuries (TBI)

These injuries can lead to permanent cognitive impairment, personality changes, and physical disabilities. They are often the result of a severe blow or jolt to the head.

Spinal Cord Injuries

Damage to the spinal cord can result in partial or complete paralysis, affecting a person’s mobility and independence significantly.

Severe Burns

Motorcycle accidents can result in extensive burns, which may require multiple surgeries, skin grafts, and can lead to permanent scarring and disfigurement.

Multiple Fractures

Fractures, especially to critical areas like the pelvis or spine, can lead to long-term pain and disability.

Amputations

In extreme cases, a limb may be so severely damaged in the accident that it must be amputated.

Non-Catastrophic Injuries

Road Rash

This injury occurs when a rider slides across the surface of the road, causing layers of skin to be scraped away. It can range from mild to severe and may lead to permanent scarring and disfigurement.

Whiplash

Whiplash is a neck injury that occurs due to the rapid back-and-forth movement of the neck, similar to the cracking of a whip. It is common in rear-end collisions and can lead to chronic neck pain and limited mobility.

Broken Bones And Fractures

Motorcyclists often suffer from broken or fractured bones during an accident, commonly in the arms, legs, or collarbone. Recovery can require extensive medical treatment, including surgery and physical therapy.

Concussions

A concussion is a mild traumatic brain injury that occurs when the brain is jolted inside the skull, usually due to a blow to the head. It can affect memory, judgment, reflexes, speech, balance, and coordination.

Lacerations And Cuts

These are open wounds often caused by contact with debris or a rough road surface during an accident. They can range from minor cuts to deep, severe lacerations requiring surgical treatment.

Muscle Damage

Muscle strains or tears are common in motorcycle accidents due to the forces involved. They can cause significant pain and require physical therapy for full recovery.

Contusions (Bruises)

These are caused when blood vessels are damaged by blunt force, leading to visible discoloration under the skin. While often minor, severe contusions can cause significant pain and complications.

The Long-Term Impact of These Injuries

The aftermath of a catastrophic injury from a motorcycle accident extends far beyond initial medical treatment. The long-term impacts of these injuries are profound and multifaceted:

Medical Expenses

Catastrophic injuries often involve ongoing medical care, including surgeries, rehabilitation, and specialist appointments, resulting in substantial medical bills.

Lost Earnings

These injuries frequently prevent victims from returning to their previous employment, significantly impacting their earning capacity and financial stability.

Physical Pain And Suffering

Chronic pain, physical limitations, and the need for ongoing medical treatment can become a daily reality for victims.

Emotional And Psychological Strain

The trauma of a severe motorcycle accident, coupled with the stress of a significantly altered lifestyle, can lead to mental health issues, including depression and anxiety.

Impact on Family and Relationships

The strain of dealing with a catastrophic injury often extends to a victim’s family, as roles within the family may shift dramatically to accommodate the victim’s needs.

Given the severe and enduring consequences of catastrophic injuries, it is vital for victims to have a compassionate and skilled advocate fighting for their rights and helping to secure the compensation they need for their recovery and future.

In Texas, the statute of limitations for personal injury claims, including motorcycle accidents, is generally two years from the accident date. This means you have two years to file a lawsuit against the at-fault party. It is crucial to act promptly, as failing to file within this timeframe will result in losing your right to pursue compensation.

If the other driver was under the influence of alcohol or drugs at the time of the accident, this could significantly impact your case. A DWI conviction can serve as strong evidence of the other driver’s negligence, potentially making it easier to prove fault.

In some cases, you may also be entitled to punitive damages, which are designed to punish the wrongdoer and deter similar behavior in the future.