McAllen Motorcycle Accident Lawyer

Were you recently injured in a motorcycle accident in McAllen?

If you are injured due to somebody else’s negligence, you can legally seek compensation in Texas. Your first step should be to hire a local attorney in Mcallen who understands the unique challenges and legal landscape of the Rio Grande Valley.

A local Mcallen personal injury lawyer is familiar with the roads, local laws, and court systems. This knowledge can be instrumental in building a strong case.

Texas Motorcycle Accident Statute of Limitations

In Texas, you have two years from the date of your motorcycle accident to bring your claim to civil court in Mcallen, TX.

This is a hard deadline that you cannot miss. If you are late, you will not be able to seek compensation. This is why we urge you to get to an attorney right away.

The sooner you start your motorcycle accident claim, the more time you give an attorney to build a strong case. Allowing them the time to protect and gather evidence, talk to your witnesses, and begin negotiations.

Give us a call today to discuss your motorcycle accident for free. You will not have to pay anything unless we can win your case. 

Common Causes of Motorcycle Accidents in Mcallen, and the Rio Grande Valley

Motorcycle accidents happen all the time in Hidalgo County. One of the primary factors is the sheer amount of traffic in McAllen and the surrounding areas.

Here are the most recent types of motorcycle accidents we have represented at our law firm: 

• Distracted Drivers: Text messaging, talking on their cell phone, eating, applying makeup, or simply not paying attention is a common reason why drivers do not see motorcycles before hitting them. 
• Big Rigs or 18-Wheelers: Motorcycles and passenger vehicles are at higher risk of a serious truck accident because of their size relative to a motorcycle, including the large blind spots in a trucks vicinity.  
• Drunk or Impaired Drivers: One of the biggest problems for motorcyclists is impaired driving. Drivers who are under the influence of alcohol or drugs have delayed reaction times. 
• Road Rage: Road rage incidents can escalate to dangerous confrontations and serious injuries when the victim is riding a motorcycle. 
• Poor Road Conditions: Potholes, debris, and uneven surfaces can be particularly hazardous for motorcyclists, who have only two wheels in contact with the pavement.

Seeking Compensation For Motorcycle Accident Injuries

As motorcyclists are among the most vulnerable road users, the consequences of an accident are often serious life threatening or altering injuries. This will be the primary factor in seeking compensation and how much compensation you are owed. Some of the most common injuries include: 

• Road Rash: Skin abrasions caused by sliding on the pavement.
• Broken Bones: Fractures are common due to the impact with vehicles or the ground.
• Traumatic Brain Injuries (TBI): Even with a helmet, head injuries can cause long-term cognitive and physical impairments.
• Spinal Cord Injuries: Damage to the neck or spinal cord can cause paralysis or other permanent disabilities. 
• Fatal Injuries: Falling from a motorcycle or hitting a solid object at high speed can often cause fatal trauma to the brain, spinal cord, or internal organs.

Motorcycle Accident Claim Valuation 

The value of your motorcycle accident claim will hinge on various factors. These can include the amount of insurance coverage, degree of injury, the amount of property damage you’ve suffered, and whether you’re still able to work. Picking the right attorney is vital if you want to maximize compensation. They understand the law, and what insurance companies will pay.  

The final

The compensation you can receive for a motorcycle accident claim will involve the following factors:

• Medical Bills: This includes both current and future medical expenses related to the accident. 
• Lost Wages: You can recover lost pay for time missed from work, as well as loss of opportunity for future employment.
• Property Damage: This covers the cost of repairing or replacing your motorcycle and any other personal property damaged in the wreck (like your helmet, riding gear, or other belongings).
• Pain and Suffering: These damages compensate you for the physical and psychological trauma caused by the accident.

You can see that this is a complex question. It’s important that you get an attorney that is experienced in motorcycle accidents. Without experience, you may leave quite a bit of compensation on the table.

How long does a motorcycle accident claim take?

A motorcycle accident case in the state of Texas takes approximately 1 year to 18 months to settle.

This will vary based upon how badly you were hurt and how quickly you heal. Another variable is how cooperative the insurance company is or if they will treat you fairly.

If they won’t compensate you fairly, your attorney will file suit.  The timeline will be based upon the courts calendar and when they can hear the case.

 

Comparative Negligence and How It Affects Settlement

Texas adheres to a modified comparative negligence rule. If you’re found to be partially responsible for the accident, your recovery is reduced by how much percentage you were at fault.

For example, if you’re are found to be 45% at fault, and your total damages are $500,000, you can only recover 55% (or $275,000). If you are more than 50% liable for the accident, you can’t recover any damages.

 

Will I still recover damages if I am found to be negligent or partially at fault?

Yes, you can receive damages if you are negligent or partially at fault, provided you’re less than 50% at fault. 

How is a motorcycle accident claim different than a car accident claim?

They are very different considering that you’re not going to have the typical protection in a motorcycle as you would in an automobile. The potential for a much more serious injury or death is much higher than if you were involved in a car accident.

It’s also different in the sense that there are things that need to be examined on a motorcycle. For instance, the type of helmet or safety equipment that was used, or if there was an issue with the motorcycle.

All of this can be handled by an experienced car accident lawyer who also handles motorcycle accidents. If you have any questions or concerns, our team is here to help.

What If I Was Not Wearing a Helmet?

Motorcyclists over the age of 21 do not need to wear a helmet in Texas if they have (1) passed a motorcycle safety course or (2) received motorcycle insurance providing coverage for an accident in Texas.

On the other hand, not wearing a helmet can affect your claim. You’re likely to recover less money, especially for any head injuries, if you weren’t wearing a helmet at the time you were struck.

A seasoned attorney can help you navigate these issues ensuring you do not miss out on compensation you are owed. 

Do I have a claim if I was injured as a passenger in a motorcycle crash?

If you’re a passenger in a motorcycle, you still have a claim. In fact, you might even have a claim against the person who was driving, which gives you a higher possibility for increased compensation.

Call Our McAllen Motorcycle Accident Attorneys Today

If you have been seriously hurt in a motorcycle accident, please do not hesitate to give our office a call to set up a free case evaluation with our skilled, experienced, and dedicated McAllen motorcycle accident attorneys.

You are our priority and we will treat you as such because you are not just a case number. Your injuries and damages are important to us. We are going to do everything we can to get you the best possible results. Please call us today and learn how we can help you.