A motorcycle accident attorney in the Houston area sees many cases every year, as a vehicle crash occurs in the city about once every 15 minutes. Many of these wrecks involve bikers, and while these cases are similar to most other vehicle crashes, there are a few concepts unique to them. However, the guiding legal principles are the same, so the procedures and guidelines following a crash are similar to those that follow other vehicle crashes. Keeping these guidelines in mind can be the difference between a failed and successful claim.
HOW CAN A MOTORCYCLE ACCIDENT ATTORNEY IN THE HOUSTON AREA HELP A CRASH VICTIM?
Injuries resulting from a wreck are often devastating to the biker. With little physical protection and the severe difference in weight between bikes and cars, even a normally benign fender bender can cause serious injury to a biker. That’s why drivers must be careful at all times when they are around bikers, and why bikers must remain vigilant and safe. That being said, even the safest biker will be ill-prepared for a driver that runs a red light, makes an illegal turn, or is under the influence of drugs or alcohol. When a biker is struck by a careless driver and is injured, sometimes the only way to recover from the wreck is with the help of a legal professional.
A motorcycle accident attorney located in Houston will have intimate knowledge of the state’s laws concerning safe biking, and these laws will likely come up during a claim. For example, most states require bikers to wear a helmet at all times, and if a biker sustains head or neck injuries during a crash, and they aren’t wearing a helmet, they may have a harder time winning a claim. However, in Texas, bikers are not required to wear a helmet if they have either passed a special operator training and safety course, or if they have health insurance that covers injuries caused by a bike crash. In these cases, a victim may still face resistance if they sustain head or neck injuries without wearing a helmet. Lawyers are familiar with regulations like these, and will be able to adjust a case as needed in response to them.
The defendant’s lawyers will do everything possible to reduce their client’s liability, usually by assigning some of the blame to the victim. Known as comparative negligence, it is typically employed when both sides were behaving recklessly to some extent just prior to a crash. For example, if a biker is driving between lanes, something that is frowned upon in most municipalities, when a motorist makes a sudden turn, both sides may be considered partly responsible. However, a defendant may call for comparative negligence even in cases where the defendant’s liability is clear. Having an experienced lawyer on your side in these instances will be essential, as defense lawyers will take advantage of an unrepresented victim to win points for their client.
Bikers face a terrifying number of risks every time they are on the road. But that doesn’t mean that they aren’t entitled to their legal rights if they are hit, and with an experienced lawyer as an advisor, a victim will have their day in court.