Motorcycle Accident Claims: Know The Process

Pursuing motorcycle accident claims in Austin, Texas, can be challenging, especially after a serious collision where medical needs and property damage take immediate priority. Successfully recovering compensation requires more than reporting the crash; it demands careful documentation, knowledge of legal procedures, and timely action. 

At TK Injury Lawyers: Austin Personal Injury Lawyer, we are committed to helping injured motorcyclists in Austin seek the justice and compensation they deserve after being harmed by someone else’s negligence.

The Importance Of Evidence For A Motorcycle Injury Claim

Strong, credible evidence is one of the most critical elements in any successful motorcycle accident claim. Unlike other motor vehicle accidents, motorcycle crashes often involve unique liability disputes and higher injury severity, making the evidence’s role even more vital. Insurance adjusters may question the rider’s actions or argue comparative fault, and without solid proof, a claimant could face reduced or denied compensation. Objective documentation shifts the focus away from speculation and toward facts, helping validate the nature of the injuries, the cause of the crash, and the extent of the losses involved.

High-quality evidence can influence both the speed and outcome of a case. It strengthens negotiating power during settlement discussions and offers persuasive weight if a lawsuit goes to trial. In cases where fault is contested or the rider’s credibility is unfairly challenged, documented evidence helps establish a straightforward, defensible narrative.

Contact an Austin Motorcycle Accident Attorney Near You

Speak To An Attorney call us (512) 910-2000

What To Do After A Motorcycle Accident To Protect Your Claim

Taking immediate, informed action after a crash improves your chances of a successful claim. The Texas Department of Insurance outlines helpful steps to follow:

• Move out of traffic if no one is seriously hurt
• Call 911 and wait for police if injuries occurred or the other driver fled
• Collect the other driver’s license, insurance, and contact info
• Photograph vehicles, license plates, damage, skid marks, and road signs
• Talk to eyewitnesses and note their details
• Write down the time, location, road conditions, and what happened

The Texas Department of Insurance outlines steps to protect your accident claim, such as securing the scene, documenting the crash, and collecting essential information.

Key actions to protect your future claim

• Get medical attention even for injuries that seem minor. Some symptoms may be delayed.
• Report the accident to your insurer, but avoid discussing fault.
• Gather supporting evidence such as medical records and crash photos.
• Speak with a motorcycle accident lawyer before giving any recorded statement.

Filing a motorcycle accident claim involves several essential steps, including reporting the crash, seeking medical help, collecting strong evidence, notifying your insurance provider, and consulting legal counsel when necessary.

Legal Standards Under Motorcycle Accident Law In Texas

Motorcycle riders in Texas are subject to specific legal rules and safety requirements. According to Texas Transportation Code §661, all motorcycle operators and passengers under 21 must wear helmets. Riders over 21 may ride without one only if they complete an approved safety course and carry adequate insurance.

When filing a claim, Texas also applies a modified comparative fault system. This means:

• You can recover damages if you’re less than 51% at fault
• Your compensation will be reduced by your percentage of fault

Additionally, the statute of limitations for personal injury cases in Texas, including motorcycle accidents, is two years from the date of the crash under Texas Civil Practice and Remedies Code §16.003.

Economic damages such as lost wages, medical bills, and property damage are defined under Texas Civil Practice and Remedies Code §41.001 as those intended to compensate for financial loss, not pain and suffering.

The Main Differences Between Car And Motorcycle Accident Claims

While both involve similar legal principles, motorcycle crashes often involve greater complexity and risk. Some key differences include:

• Injuries in motorcycle accidents are usually more severe, increasing the potential damages
• Bias against motorcyclists can lead insurers to challenge liability more aggressively
• Road hazards, like potholes or debris, impact motorcycles more than cars
• Helmet use and visibility often play larger roles in determining fault or negligence

These distinctions mean riders often need more detailed legal support to effectively present their case and counter unfair assumptions made by adjusters or opposing parties.

Contact An Austin Motorcycle Accident Lawyer For A Free Consultation

Your decisions after a motorcycle crash can impact your health, finances, and long-term recovery. We understand how hard it is to deal with injuries, insurers, and uncertainty while trying to heal. An Austin motorcycle accident lawyer at TK Injury Lawyers: Austin Personal Injury Lawyer takes pride in protecting injured motorcyclists, helping them pursue the full compensation they’re entitled to under Texas law.

Let us review your case and guide you through every step of your claim. Call (512) 910-2000 today for your free consultation.