Can You File for a Personal Injury Claim or Lawsuit?

The only people who have legal standing to file suit against another person or business entity for damages resulting from an injury are those who were owed a legal duty that was clearly violated by the defendant. In a broad sense, we all owe each other a basic legal duty in life to exercise a practical amount of care and good judgment so we don’t harm one another.

Take, for example, the simple act of driving a car. All drivers are expected to operate their vehicles in a manner that best protects everyone by not causing an accident. But if we drive recklessly, even if it's just a few seconds, or choose to drive home from a bar after having too much to drink and we harm another people with our car by getting into an accident, we have violated our clear legal responsibility (or duty) to not hurt or kill others through our actions. So if we have harmed others, the burden of proof is upon the victims to gather all of the relevant evidence to show that we owed that legal duty to them, and then violated that duty. If they’re successful, the victims win their personal injury case and the court awards them monetary damages. Depending on the circumstances of the accident, the person or entity who caused it owes victims a different legal duty than another person or entity would. An example of this difference is best illustrated by imagining the standard of care owed to you by your neighbor, compared to that of a doctor. Although your neighbor is your friend and you might trust him with the keys to your house and the welfare of your children, a doctor holds your very life in his or her hands. So, according to Texas law, the standard of care is much higher for that physician than it would for your friend and longtime neighbor.

Degree, or the level of legal duty, can also be different depending on the circumstances surrounding an accident. Let’s say that the same doctor walks up to you on the street and inexplicably slices your arm with a pocket knife. In this instance, he has probably violated a lower legal duty than he would have if you were on the operating table and, with his scalpel, he inadvertently performs malpractice by botching a surgical procedure. Legal duty accounts for circumstance, environment, and context at the time of the injury.

Most personal injuries arise from a clear violation of someone's legal duty, although some are more obscure. Imagine, for example, if one company's employee drops a hammer on your head. The legal duty of the employer to you, the injured employee, has been violated because, by legal definition, that employer allowed that employee on the job site to cause the injury to you. But on the other hand, if the same exact situation occurred and the hammer fell on a contract laborer or subcontractor, the company that employs the offending worker would not owe anything to the victim because, in most cases, there is a much lower legal duty owed by an employer to individuals hired as contractors. This is one of many possible exceptions to one’s legal duty.

But as a general rule, the most proper and efficient way to decide if your case is a valid cause of action against the perpetrator or not is to speak with a Texas personal injury attorney at our Texas Law Firm. We can clearly explain the various legal duties that people and other entities owe one another, and help you determine if a specific injury event warrants your filing a personal injury lawsuit.

Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your personal injury case. Regardless of how it happened or who is liable, we can answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

If You Were Hurt in a Motorcycle Accident in Texas Texas, You can Discuss Your Case With Our Local Lawyers

Though passenger cars and trucks represent the greatest number of vehicle accidents in Texas by far, mishaps involving motorcycles on the highways and streets regularly here in Aggieland.

The Texas, Texas accident attorneys at our Texas Law Offices have over 30 years of experience negotiating settlements and trying cases for people who have been injured in accidents involving motorcycles on our streets. We have the know-how to devise a strategy from the unique circumstances that surround your case and win fair compensation for damages from the accident that left you with a serious injury and produced a pile of bills, the possible need for long-term care to assure recovery, lost wages, pain, suffering, even wrongful death. To that end, we hope this information page will help you better appreciate the legal options available to you, and their value in helping you win your liability case or rightful insurance settlement.

If you are like most motorcycle accident victims you are probably not sure if you need an attorney OR you have reached a point where you are tired of dealing with the insurance company and you are ready to move on to take the next step. Either way, our experienced team of Texas motorcycle accident injury lawyers here at our Texas Law Offices is here to help you understand how to make the most of your legal rights.

The Inherent Biases That a Texas Motorcycle Accident Victim Must Deal With on the Road to Fair Injury Compensation

The difference between motorcycle accidents and car accidents goes much deeper than the obvious ones. Aside from the great differences in the amount, and degree, of injuries a motorcyclist must deal with after an accident at 30 miles an hour, as opposed to passengers in a car or pickup at that same speed, motorcycle accidents are falsely believed to be the same as car accidents in legal terms when this is simply not the case.

Many in our industry believe, and reasonably so, that a motorcycle rider who is injured in an accident starts with a huge disadvantage because the insurance companies have a negative bias toward motorcyclists by default. This bias quickly becomes apparent the moment an injured biker files a claim.

This inflexible thinking can cloud motorcycle accident cases and make settling them with an insurance company, or litigating them in civil court much more complex than passenger car accidents. Because you can be certain that if they end up in a trial, the lawyers for that insurance company will make certain they hammer this very bias home to a receptive jury. Not long ago, a motorcycle rights group conducted a poll that showed that 85 percent of the general public automatically assumes that a motorcyclist was at fault the second they heard about an accident involving a biker and an automobile or truck.

A lot of such preconceptions are historical when you consider how the motorcyclist has an almost mythical hold on society dating back to when Marlon Brando rode across movie screens in the cult classic 50’s film The Wild One, and Peter Fonda’s seminal film Easy Rider a generation later. That view is reinforced every time you see some ninja rider weaving in-and-out of freeway traffic at 80 miles an hour, It’s small wonder that bikers are seen as wild, care-free members of a reckless subculture who have little regard for their own safety or anyone else’s.

It makes no difference that many motorcycle riders are now are little more than weekend riders who have 30+ year careers and can afford this now expensive hobby. And the truth is that many now daily use smaller motorcycles and scooters as economical transportation. With the cost of gas these days, it’s a very practical solution for them. That doesn’t sound like Marlon Brando or Dennis Hopper now does it? When you stop and think about it for a moment, there’s an awful lot of real-life evidence to counter such preconceived thinking about just who today’s motorcyclist really is.

Did You Know?

our lead attorney has been fighting for Motorcycle Accident victims` rights for over 30 years. Call us to discuss your case.

But that doesn’t stop insurance adjusters from using this prejudice against motorcyclists to automatically deny their claims. The facts of an accident just as often show the motorcyclist was a victim of somebody else’s driving negligence; usually, the driver of the car or truck wasn’t paying attention. We have to watch out extra hard for motorcyclists because they’re often hidden by larger vehicles and not always that easy to see. But the insurance adjuster is banking that he can trick the jury into overlooking the facts due to the image of a reckless biker in their minds, or suggest to an inexperienced motorcycle accident lawyer that this prejudice will prevent a successful civil case and it’s a good idea to settle for ten cents on the actual dollar.

And since the burden is on you, the injured motorcyclist to prove your charges, it’s also on you do disprove an insurance company’s claim that you, a “devil-may-care biker,” who is not by-definition reckless, and that you were in-fact, operating your bike safely at the time of the wreck that injured you. This is why you need a seasoned Texas motorcycle accident lawyer who knows how to refute these prejudices and use the facts to win your just damage compensation.

Combine this double standard with the fact that most adjusters assigned to motorcycle accidents cases are senior adjusters who are chosen for their aggressive track record and it becomes apparent you are facing quite a challenge in trying to get a fair deal if you attempt to do this without an experienced personal injury lawyer in Texas.

Why are Insurance Adjusters so Aggressive When Dealing With Motorcycle Accident Claims?

We’ve spoken of the “cultural popularity” when it comes to blaming those who operate “non-traditional” vehicles such as motorcycles for any and all accidents they are involved in. That bias makes many feel that motorcyclists should automatically accept this “high risk” behavior as part of their lifestyle. And that preconception is warmly embraced by insurance companies as another excuse to not pay accident claims, which is the real business that insurance companies are in.

The simple reason for this is that they are trying to save money. Accidents that would be considered moderate by car standards often result in major injuries for motorcyclists as we have already said. This means that the average motorcycle injury claim will cost the insurance company more money than the average car accident injury claim. Insurance companies try to maximize profit by paying out as little money as possible. As such, they assign these aggressive adjusters to battle motorcycle accident victims in order to force you to accept as little as they can get away with. In many cases, they will use tricks such as recorded statements to use against you in court, or offering you a paltry payoff before the full extent of your injuries have been learned in order to reduce, or completely eliminate, the amount of rightful money that they have to pay you.

Our clients have learned the best way to deal with sneaky insurance adjusters is to not deal with them at all: simply let us handle them. None of our clients talk with insurance adjusters. We take care of that because when we do, adjusters cannot hang you with your innocent words.

Texas Defective Motorcycle Attorney Discusses a Motorcyclist’s Rights Following a Bike Crash

There are over 400,000 traveling on Texas roads, which makes the chances for accidents pretty high. Motorcycle wrecks occur in Texas for numerous reasons, ranging from motorcycle defects to driver distractions and serious issues like drowsy or drunk driving. If you’ve been involved in a motorcycle accident in Texas, do you know your rights?

If you’ve suffered the loss of a loved one because of such an event, do you know your legal options to pursue so that you can get justice? This article from Texas defective motorcycle attorneys of our Law Offices will cover these facts and give pertinent information on wrecks caused by Texas defective motorcycles. With 20 years of experience in Texas personal injury and wrongful death cases, Texas motorcycle defect lawyer is just the person to assist you through this ordeal. More her @ https://no1-lawyer.com/personal-injury-attorneys-in-midland/

We’ll first look at three factors that can be involved in accidents: Motorcycle defects, Motorcycle product liability and Maintenance of Motorcycles. Then we’ll examine other issues you may encounter or have experienced.

Motorcycle Defects

One reason for motorcycle wrecks are because of mechanical problems stemming from improper maintenance and/or product malfunctions. Usually cars have a some sort of recall or letters are mailed which suggest a small improvement for a known problem. With motorcycles, though, when one thing falls apart, it’s usually serious. Motorcycles present enough challenges already, since it’s up the rider to remain balanced and upright. When there’s a mechanical problem, the rider can quickly lose control and chances are you won’t see a motorcycle gently moving to the side of the road.

Motorcycle Product Liability

It doesn’t happen often, but some motorcycles are sold with hidden defects due to their design or construction. Many more bikes are improperly manufactured where key parts fail under normal pressures and everyday usage. A bad brake proportioning valve, an engine bearing that stops, a chain that snaps, etc., can all contribute to a horrific accident. If such a defect causes the injury or death of a motorcycle rider, state law says the person injured can pursue a liability claim against the manufacturer. Sometimes, numerous parties serve as defendants. Let’s say that a motorcycle is sold by a certain manufacturer and a part (let’s use a brake caliper ) fails, then both the maker and distributor of the bike and the part’s supplier can face legal action. All that is determined by the degree of negligence of both parties.

Product liability claims for defective motorcycles are challenging to handle legally and you can’t go off what you think when filing your claim; you have to gather and carefully maintain tons of evidence. To just say “the throttle cable broke” won’t win your case. It’s up to the plaintiff to clearly show, using evidence, that the failure stemmed from the manufacturer, and so it’s critical to discover the exact cause of the breakdown. A successful claim is reached after a credible engineer does a detailed evaluation on the components in question and then provides an expert analysis that shows exactly where the defect is. What’s also important is that the motorcycle and all the key components have to be kept in a manner where they can be used for evidence in a court case.

Most product liability claims that don’t materialize are due to the person filing the claim not keeping a detailed list, then properly storing evidence to support their claim. An individual who isn’t an attorney doesn’t know the steps and procedures required to properly present their case on their own. Product liability cases aren’t something most attorneys handle anyway, and we strongly discourage any normal citizen proceeding on filing their own claim; it’s extremely important you obtain the services of a veteran Texas motorcycle defect lawyer.

Maintenance of Motorcycles

Sub-par maintenance that’s done by your everyday service shop can also lead to a major injury. Usually with cars, when something acts up, you can drive your car to the shop and it can be fixed in a few hours or couple of days. With motorcycles, however, bad maintenance can result in a major accident that leads to a serious injury and sometimes death. What you need to realize is that not all motorcycle shops have qualified technicians. A mechanic that doesn’t thoroughly check out each part can then set that bike up for issues. In cases like those, a customer can file a negligence claim against that shop that made the error.

Some mechanical problems aren’t just because of negligence. There are instances when a seller or a dealership deliberately sells an unsafe bike, and will cover up the bike’s condition. We recently dealt with one man who bought a motorcycle from a licensed dealer. When he took the bike home, the man realized the motorcycle wasn’t riding normally. He then immediately took the motorcycle to a repair shop for a close look before an accident occurred or he got injured. The workers there found out that the triple tree was cracked (which could have been very dangerous), the radiator wasn’t put on right, and even more serious, that the frame was damaged and covered up with filler and paint. So what happened was that the motorcycle had been in an accident before and the dealership had done some touch up work then tried to sell it like it was a normal bike. Besides violating the Deceptive Trade Practices Act, this motorcycle could have led to the buyer’s death. In this example, the dealership who put that motorcycle on the market would be found liable for their choices and such an unethical attempt to sell a dangerous motorcycle could also lead to punitive damages. More info on that link @ https://caraccidentattorneysa.com/motorcycle-accident-attorney-texas/