Motorcycle Accident Personal Injury TRIAL Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
Have you been seriously injured in a motorcycle wreck?
Hernandez Law Firm is a top-rated personal injury accident law firm ready to answer any questions you may have and help you get the recovery you deserve!
Motorcyclists know the thrill and exhilaration of riding the open road. Unfortunately, there are also many risks to riding that have the potential to result in serious or fatal injuries. Often, the risks of riding are not due to motorcycle riders, but instead, to inattentive and distracted drivers. Even motorcycle accidents at low speeds can cause serious bodily injury to riders and passengers.
If you or a loved one has been injured in a motorcycle accident, Hernandez Law Firm offers a free, no obligation consultation to help understand your rights. Injured riders will often suffer losses from injuries, lost work, motorcycle repairs, and go through a painful recovery period after a motorcycle crash.
Motorcyclists who are involved in highway and road accidents are significantly more likely to suffer serious injuries or loss of life than drivers and passengers of automobiles. Due to increased risks, motorcyclists must pay greater attention to traffic and road hazards to avoid collisions or accidents. Injuries sustained from motorcycle accidents with automobiles and trucks often result in significant financial losses to victims and their families.
We help our clients get the best medical care available for their injuries, and just compensation for their damages.
You have a right to recover for your damages, including:
- Pain and suffering
- Lost income
- Past and future medical expenses
- Lost capacity to earn a living
- Other reasonable and necessary damages
Our job is to make sure you get a full and fair recovery!
Most motorcycle accident cases involve insurance companies, either your own or another party involved in the accident. We help our clients understand and evaluate all available options and make the right decisions based on their best interests, not the best interests of insurance companies.
The insurance company of the driver at fault will be responsible for paying any settlement or verdict, and they will hire their own attorney to defend the case almost immediately. To protect your own interests, it is essential that you hire an experienced attorney to build your case on your behalf. At Hernandez Law Firm, we understand how insurance companies operate and we are experts at building cases that make insurance companies pay victims fairly for their injuries and damages.
Insurance companies are businesses, and they will only offer fair compensation when they are faced with a case that is prepared properly by an attorney who is ready for trial and has experience trying injury cases in court.
When a case is prepared properly, insurance companies understand that a competent trial attorney will be more than happy to let a jury determine fair compensation for an accident victim.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
How We Handle Your Case
No Upfront Cost and No Fee Unless We Win. There is never a fee unless we win your case. Accidents happen when we least expect them and most victims are not financially prepared for such an emergency. Depending on your injuries, medical expenses can add up quickly, while getting compensated for a case can happen slowly, leaving victims in a difficult situation and desperate for compensation. This often leads to victims accepting far less than their case is worth and prevents them from getting the just compensation they deserve.
When you hire The Hernandez Law Firm, we are invested in your case from the start. We work for you exclusively on a contingency fee basis. That means we put in our time, effort, and resources to build your case and work with medical professionals to postpone payment until a settlement or verdict is reached. In most cases, you will not be immediately charged for your medical costs and our firm will not receive any fee unless we win or settle your case.
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, physical evidence, accident scene pictures and video whenever possible. We also speak directly to responding and investigating officers and bring in experts if necessary, to understand the details of the accident.
We also gather evidence about your damages, including talking to doctors so we understand your injuries in detail and your future prognosis regarding your injuries. In addition, we gather evidence of wage losses and lost earning capacity, as well as any other form of loss that may apply to your specific case. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Medical Attention. At Hernandez Law Firm, we believe in getting our clients the best medical attention possible for their injuries, as well as just compensation for their damages. After handling hundreds of cases, we are familiar with minor and severe injuries and have numerous doctors in all specialties who we trust to refer our clients.
We want you to get the best medical care while exploring the best options for your recovery, all while keeping the important evidence that comes from doctor's reports in mind as we build your case.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include past and future medical expenses, lost wages and earnings, decreased earning capacity, pain and suffering, loss of life enjoyment, and any other loss related to the accident.
We thoroughly review your lifestyle prior to and after the accident to ensure that damages are accurately calculated and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Insurance companies are not willing to pay compensation unless they are forced to, so they will take every opportunity to pay you the least amount possible. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the insurance company that they need to take this matter seriously. However, many times, insurance companies will offer minimal compensation even for severe injuries and damages. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, personal injury cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the insurance company does not believe their insured is at fault, or the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Insurance companies are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Accidents Seriously
Our personal injury lawyers take auto accidents very seriously. Our firm is dedicated to getting you just compensation for your damages and will aggressively pursue your case from beginning to end, even if that requires a trial to verdict.
We recognize that motorcycle accidents often have tragic consequences that affect the injured victim, their families and loved ones in many ways and potentially for the rest of their lives. Most people don't recognize that even minor accidents can cause significant physical injuries as well as psychological trauma that deserves just compensation, the same as any other accident.
The truth is that all accidents are likely to have a financial burden on the victim and their family. From immediate medical costs, lost income from time off work or the inability of the victim to operate their business effectively, these are just the beginning in many cases.
The cost of additional loss of future earnings and medical care along with equipment that might be necessary for a long-term recovery all add up and place a significant burden on most accident victims.
COMMON MOTORCYCLE ACCIDENT INJURIES
Common injuries from a motorcycle crash include broken arms or legs, whiplash, as well as other head and neck injuries. It can be difficult to pay for medical treatment and get the care you need after a motorcycle accident. If the accident was not your fault, you should not have to cover the costs and expenses that you will incur. It is common for insurance companies to attempt to settle your case before you have completed treatment or even fully understand the extent of your injuries. If you are under financial pressure as a result of the accident, you may be vulnerable to accepting an offer that is much less than your case is really worth.
To avoid making the mistake of settling your case too soon, or compromising the value of your case, it is important that you talk to an experienced and qualified motorcycle lawyer before making statements or attempting to negotiate with the insurance company involved. Any information you provide may be used to show partial fault that can reduce the size of any potential settlement. Don’t let insurance companies and adjusters interpret your statements to show that you were partially at fault for the accident if that is not the case.
The experienced personal injury attorneys at Hernandez Law Firm can talk directly to the insurance company and their representatives, so you can protect your case and get the settlement you deserve. We fight for your rights so you can focus on recovering from your injuries and returning back to your normal life as quickly as possible.
COMMON CAUSES OF MOTORCYCLE ACCIDENTS ON TEXAS ROADS
Even experienced motorcycle riders who take all necessary safety precautions and ride defensively at all times may still find themselves in an accident.
Distracted drivers are one of the most common causes of motorcycle accidents on Texas roads. Today’s mobile phone technology leads many drivers to talk and text while driving, which causes distraction and increased instances of car accidents involving motorcycles. Any time a driver takes their eyes off of the road and their surroundings, however brief, it puts other drivers and particularly motorcycle riders at greater risk of accidents. Many times, these accidents involve cars turning in front of a motorcyclist or colliding with a motorcyclist while changing lanes.
Driving Under the Influence
Alcohol and drug-impaired driving is a common cause of all accidents. Motorcyclists are particularly vulnerable to drivers under the influence and should pay close attention to any driver that may be driving erratically and keep their distance accordingly.
Drivers often fail to pay attention when exiting their cars and open their door suddenly in front of an oncoming motorcycle rider.
Lane splitting involves riding between two lanes of traffic on a motorcycle. Lane splitting is most common when automobile traffic is slow-moving or at a complete stop. Lane splitting can cause accidents when unsuspecting motorists change lanes quickly in slow-moving traffic only to collide with or suddenly cut off a faster moving motorcycle.
Lane splitting is illegal on Texas roadways, but there are laws proposed to make it legal in certain circumstances. The law currently states that vehicles may move in and out of lanes only when it is safe to do so. See Texas Transportation Code Sec. 545.060. DRIVING ON ROADWAY LANED FOR TRAFFIC.
Failure to Yield and Left Turn Accidents
Drivers who are not paying close attention often fail to yield and make sudden left-hand turns in front of oncoming motorcycles. These types of accidents can happen at high speeds and lead to serious injury.
Speeding prevents drivers from fully assessing their driving environment and limits their ability to react to road conditions. Also, the greater the speed, the greater the amount of time and distance needed to stop. Increased speed also leads to greater impact and more severe injuries than lower speed accidents.
Sudden Lane Change
Sudden lane changes often lead to accidents with motorcycles who may have been in a driver’s blind spot. Because motorcycles are smaller and lower to the ground than most automobiles, drivers do not often take the time to double check to make sure their blind spot is clear prior to changing lanes.
Dangerous Road Conditions
Texas is growing rapidly and road and highway construction is prevalent in and between all major metro areas. In addition, surface streets may have potholes, loose gravel and other debris. Wet roads also increase the chance that a motorcyclist or automobile may lose control.
Heavy traffic causes many accidents, especially rear-end collisions on freeways where speeds can vary from 0-65 MPH in an instant with little to no warning. Drivers who tailgate or otherwise follow too closely can cause rear-end collisions that result in serious damage to motorcycle riders.
Motorcycle defects can result in accidents when the defective part causes a motorcycle rider to lose control or leave them in a vulnerable position in relation to other traffic at no fault of their own. Defects must be fully investigated to determine cause and resulting damages.
MOTORCYCLISTS ARE NOT USUALLY AT FAULT
Riding a motorcycle involves serious risks. However, that does not mean that riders are reckless or at fault for accidents that occur. Motorcycle riders take safety courses and are aware that they are at greater risk of injury in an accident than drivers of automobiles. The fact is that motorcycles have just as much right to the road as cars. However, they are more difficult to see than cars, and distracted drivers often fail to use reasonable care in relation to motorcycles.
WHAT IF THE DRIVER THAT HIT ME DOES NOT HAVE INSURANCE?
If the driver that caused the accident does not have insurance, or their insurance is not sufficient to cover the damages, then your own insurance company may be responsible for your loss. It is important to understand that just because it is “your” insurance company, that does not mean that they will treat you fairly. Insurance companies are motivated to reduce the amount that they pay out in any insurance claim.
It is important that you speak to a motorcycle accident lawyer BEFORE you talk to your insurance company. Because insurance companies are in the business of making money, they will be more motivated by profit than treating you fairly and paying you the money you deserve. An experienced lawyer can communicate and negotiate on your behalf to ensure that you are fairly and fully compensated for your injuries.
WHAT WILL INSURANCE PAY FOR AFTER A MOTORCYCLE WRECK?
Motorcycle accidents often result in significant bodily injuries due to the lack of protection inherent to motorcycle riding. Without the protection of seat belts, airbags, and a metal frame to protect you from other vehicles and the elements of the road, riders are fully exposed aside from leathers and a helmet for protection. The insurance company of the at-fault driver will be required to pay up to its policy limits for expenses after a motorcycle crash.
- Property Damage - Motorcycle
- Medical and Ambulance Bills - Keep track of all bills and expenses
- Physical Therapy and/or Chiropractic Treatments
- Psychiatric Treatment For Mental Trauma From An Accident
- Surgeries and Hospital Bills
- Lost Wages
- Pain and Suffering
- Loss Of Enjoyment of Life
If you have health insurance, you may be able to receive treatment through your normal medical care providers. If you don’t have health insurance, many health care providers can provide medical services on a lien, so you only have to pay for the medical bills after you get paid from the insurance company.
DO I HAVE TO FILE A LAWSUIT AFTER A MOTORCYCLE ACCIDENT?
Hernandez Law Firm can help you file a lawsuit if needed. The state of Texas has a strict statute of limitations for filing personal injury lawsuits, so it is very important that you do not wait to contact an attorney if you have been in an accident.
If the responsible insurance company is not willing to pay reasonable compensation for medical bills and other losses, then it is likely that a lawsuit will be necessary. Once filed, an experienced attorney will be able to conduct a full investigation into the accident to determine all possible compensation and other variables.
WHAT IF I CAN’T AFFORD TO PAY AN ATTORNEY?
Hernandez Law Firm accepts motorcycle accident and other personal injury cases on a contingency fee basis. What this means is that Hernandez Law Firm will pay for all filing and court fees, discovery and investigation costs and will not charge a fee unless you get paid for your injuries. Contingency fees allow anyone to get the best legal representation possible without paying an hourly attorney rate, regardless of their financial situation.
The road to recovery after a serious motorcycle accident is often long and painful. Injuries can take a physical, emotional and financial toll on anyone. No motorcycle accident victim should have to represent themselves in court and go up against an experienced insurance defense attorney because they can’t afford an attorney.
Attempting to represent yourself in a motorcycle accident case can compromise your ability to maximize your settlement and pay your medical and other bills. Hernandez Law Firm has experienced attorneys that are ready to represent you and will gladly provide you with a no obligation case review. Please feel free to call us to discuss your case. Call (956) 369-4480, or fill out our consultation form below.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.