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How Will Texas Motorcycle Laws Affect My Compensation Claim?
Getting involved in a motorcycle accident can be scary, especially if you sustain injuries and need to pursue compensation from the negligent party. Texas has laws that protect personal injury victims by helping them recover damages. However, insurance companies often use the law to their advantage to try and deny claimants the settlement they deserve.
That’s why you need the legal representation of a personal injury attorney in Mesquite to help you fight for the amount you deserve. Experienced lawyers understand personal injury laws and can help you navigate the complex legal system.
The Basics of Texas Motorcycle Laws
As a motorcycle rider, you must familiarize yourself with the basics of motorcycle laws in Texas. Understanding these laws can help you understand the risks and options of your motorcycle compensation claim.
Besides, it would be advantageous to consult an experienced motorcycle accident attorney in Mesquite if you need further clarification.
Licensing, Registration, and Insurance
Anyone who rides a motorcycle in Texas must have a Class M driver’s license and motorcycle liability insurance as follows:
- A minimum of $30,000 per injured person
- $60,000 per accident
- $25,000 in property damage
They also must have a registration sticker on their licensing plate.
Motorcycle Helmet Law
All riders between the age of five and 21 must wear a helmet while riding a motorcycle. Anyone over 21 who chooses not to wear one must have medical insurance and undertake a motorcycle safety course.
Additional Passengers
You can only ride with appropriate passengers if your motorcycle has a passenger seat. Children under five years may not ride as passengers on a bike. Passengers must also wear a helmet.
Lane-Splitting
Driving between lanes of traffic is dangerous. It’s also illegal and could complicate your compensation claim.
If you got into an accident and sustained injuries due to lane splitting or you violated any of these rules, you are not likely to receive compensation.
What Damages Can I Recover in a Texas Motorcycle Accident?
Before you can file a compensation claim, it’s crucial to determine what your claim entails. Once your Mesquite motorcycle accident attorney can prove that the other party is to blame for the accident and your injuries, they will evaluate the damages you can recover. Damages are the costs associated with the harm caused by the defendant.
In Texas, damages are classified into two broad categories:
Special Damages
These types of damages are clearly tied to your injuries or damage to your property. They are easy to quantify and include the following:
- Emergency treatments and medical bills
- Prescription costs
- Cost of medical devices
- Lost wages
- Loss of earning capacity
- Cost of surgeries, future rehabilitation, and therapy
- Property damage
General Expenses
Your motorcycle accident claim should also cover non-economic damages. These refer to the accident’s implications at a personal level, and it’s not easy to attach a dollar value to them. They’re often a point of contention in determining a fair settlement amount and include the following:
- Pain and suffering
- Loss of consortium
- Scarring
- Loss of enjoyment of life
- Emotional distress
- Chronic pain
- Mental anguish
- Embarrassment
An aggressive motorcycle accident in Mesquite can investigate your case’s circumstances and help you calculate a fair compensation amount. The judge and jury may also decide to award punitive damages if the wreck was the result of “gross negligence”. While these don’t compensate for your injuries and loss, they punish the at-fault party for their gross negligence.
How Much Can I Recover in My Compensation Claim?
Before filing a compensation claim, it’s crucial for your attorney to evaluate all the factors that could affect the compensation amount you receive:
The Extent and Severity of Your Injuries
Your compensation amount will largely depend on the extent and severity of your injuries. The more severe the injuries, the higher your compensation amount will likely be. If the collision was not major, your lawsuit might only comprise actual losses such as healthcare expenses, loss of income, and property damage.
Case Evaluation
The court will extensively assess the damages from the motorcycle accident. During the valuation process, your lawyer will also evaluate what the other party is willing to offer as a settlement before trial.
Evidence to Support Your Claim
The events leading up to your motorcycle accident and after will determine the amount you will possibly get from the lawsuit. Insurance adjusters work to the benefit of the insurance companies they represent, and they will do everything they can to dispute your claim to offer a low settlement.
That’s why you must have compelling evidence to support your claim. Your motorcycle accident lawyer in Mesquite can help you compile the necessary evidence to support your claim. These include:
- Medical records and documentation for the injuries
- Witness statements and police record
- Estimates of loss income
- Documentation of your altered quality of life
- Accurate estimates for future treatment
Statute of Limitations
You must file your compensation claim within the stipulated statute of limitations for it to be valid. You have up to two years from the date of the motorcycle accident to file your compensation claim. A skilled lawyer can help you file within the required timelines and fight aggressively to pursue the total amount you deserve.
Strategic Legal Assistance in Texas Following Your Motorcycle Accident
Several factors come into play in a motorcycle accident claim. Demonstrating that another party was at fault and why you deserve to be compensated can be challenging. However, a skilled personal injury lawyer in Mesquite can provide the legal counsel and representation you need.
Our law firm has a long track record of success and unmatched experience fighting for clients’ rights in personal injury cases. We want to protect you from the uncertainty of personal injury claims by pursuing full justice for your case. Call the Oberg Law Office at 972-682-9700 to schedule a FREE strategy session.
