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Pasadena Motorcycle Accident Lawyer

Riding a motorcycle is a passion and a lifestyle for many area residents, but significant risks are involved. Motorcyclists suffer fatal accidents at a higher rate than drivers of enclosed vehicles, and survivors often must cope with devastating injuries. If you sustained injuries while riding your motorcycle in South Houston, contact an experienced personal injury attorney as quickly as possible. With capable legal representation, you could recover the financial losses you experienced due to the accident.

A Pasadena motorcycle accident lawyer could take over negotiations with insurance companies while you recover from your injuries. If negotiations do not result in an acceptable settlement, Schechter, Shaffer & Harris, LLP could fight for you in court.

Negligent Party is Responsible for Damages

Under the law in Texas, the party whose negligence caused an accident is responsible for paying the damages of anyone who suffered injuries. Typically, the at-fault party’s insurer pays the injured person’s damages up to their policy limits. The at-fault party is personally liable for any damages that exceed their coverage limits.

Sometimes, multiple parties had a role in the wreck. A Pasadena motorcycle accident attorney could investigate the circumstances to determine whether someone other than a vehicle driver could be liable. For example, the manufacturer could be liable if either the motorcycle or the at-fault driver’s vehicle had a mechanical failure that contributed to the accident. Other motorcyclists might have partial responsibility in some cases. If road conditions were a factor, the local government responsible for road maintenance might be liable.

Sometimes the motorcyclist bears some responsibility. Texas Civil Practice Law and Rules § 33.001 allows a negligent biker to collect damages from other negligent parties if the biker was not primarily responsible for the crash. If necessary, a Pasadena attorney could present evidence showing that the combined negligence of other parties exceeded the biker’s responsibility for the accident.

Importance of Motorcycle Laws

Motorcyclists sometimes have an undeserved reputation for being reckless. Combatting that misperception is one of a Pasadena attorney’s tasks when negotiating a settlement for motorcycle crash injuries. A biker in La Porte or Deer Park could strengthen their case by adhering to all applicable laws regarding motorcycles.

For example, Texas does not permit lane splitting, sometimes called lane filtering. Bikers stuck in heavy traffic often ride on the line dividing the lanes. Although it avoids the possibility that a car will rear-end the biker, it is not legal, and a rider might be found negligent if they get injured while lane-splitting.

Similarly, Texas requires riders and passengers under 21 to wear helmets. A rider who has completed a motorcycle training course and health insurance covering these accidents can decline to wear a helmet if they are 21 or older. However, if the rider gets into an accident and suffers a traumatic brain injury that a helmet might have prevented, an insurance company might argue that the rider was responsible because of their failure to wear a helmet.

Time Limits in Motorcycle Accident Cases

Anyone seeking damages for injuries in Galena Park or anywhere else in this state must commence a lawsuit within two years of the accident unless a special exception applies. If an injured person misses the deadline, a court will not hear the case, and the person loses their negotiating power.

Obstructions, road hazards, and poor road maintenance contribute to many motorcycle accidents. A biker might have a claim against the state or local government responsible for maintaining that section of the road. When a person has a claim against the state, they must file a notice of claim no more than 180 days after the incident. If the claim is against a local government, the injured person might have only 90 days to file the required notice.

Rely on a Pasadena Motorcycle Accident Attorney to Manage Your Claim

Motorcycle accidents often lead to severe injuries, and you might not be capable of handling negotiations with insurance companies after a crash. Even if you are, securing a reasonable settlement is a job that is best left to the professionals.

A Pasadena motorcycle accident lawyer could provide capable representation. Reach out to us for a consultation.

SMS Legal

SMS Legal N/a
3222 Burke
Rd #211

Pasadena, TX 77504
(832) 345-1327
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