gámez law fights!

Gámez Law Fights!

Gamez Law Fights billboard

Six Ways a Motorcycle Accident Lawyer Can Help You Get Justice

by | Oct 13, 2021 | Motorcycle Accidents |

Motorcycle accidents are typically more serious than automobile accidents. Because motorcyclists have very little protection from sudden impacts from cars or the road, they are much more vulnerable to severe injuries. While you are busy focusing on recovering from your physical injuries, you will need a motorcycle accident lawyer in Austin, Texas to help you fight for the justice you deserve. Let’s go over all the ways a lawyer can help with your case.

Six Ways a Motorcycle Accident Lawyer Can Help You Get Justice

1. Protect Critical Evidence

A huge part of winning a motorcycle accident case is finding critical evidence that will create a timeline of the events before the motorcycle accident. This timeline is the most important piece of evidence, as it will help prove liability or who is at fault for the accident. Some important pieces of evidence will include police reports, witness testimony, photographic or video evidence, cell phone information, and documentation of injuries after the accident.

Each piece of evidence builds and supports your case. However, people who try to negotiate settlements by themselves may overlook critical evidence that will support their claim. Insurance companies and even the other motorist involved may also try to hide evidence that will prove liability. It’s in your best interest to seek legal help from an experienced lawyer who can protect critical information.

Why Medical Evidence Matters

As much as the timeline of the events related to the accident is important, it’s also important to have adequate medical evidence. From the injuries you sustained to the treatments you received to the cost of your medical bills, each piece of evidence related to your health after the accident is used to build your case. This is especially true for people who sustained permanent injuries or who have extensive medical bills.

2. Resources and Experience

Legal firms have resources and experience that are important for trying motorcycle accident cases. Because motorcyclists use different rules of the road, your legal representative must have experience in the different laws that apply to you and how these laws may be used to support the fact that you were not at fault for your accident.

Ideally, your legal representation should have experience in this type of legal case. It’s important to find a motorcycle accident lawyer who has a reputation for winning motorcycle accident cases in Texas, which can be challenging to settle in or out of court. This is because some of the legal doctrines used in Texas require a thorough knowledge of legal precedent.

What Resources Will Your Legal Team Use?

Aside from filing requests for Freedom of Information to gather important information, there are a few other unique resources an experienced legal team will have. For example, your legal team will be able to hire experts to reconstruct and analyze your accident, which can help prove liability. Experts can also give testimony about your injuries and other evidence related to your case. In court, expert opinions carry a lot of weight, so it’s important to have expert analysis on the evidence related to your motorcycle accident.

3. Value Your Case

Each motorcycle accident case has a different value related to damages of personal property, injuries, medical bills, and other economic impacts. One task your motorcycle accident lawyer will be able to do is calculate the value of your case. Calculating the value of the damages you sustained because of the accident is an important part of your case, particularly when it comes time to negotiate settlements.

Most people will not know the full extent of the type of damages they can claim. Many people believe they can only seek damages for personal property and personal injury, but the damages related to your case can be extensive. For example, loss of wages because of permanent injury, pain and suffering, and non-economic losses, such as loss of relationships because of your injuries, can all be calculated as part of the settlement you are seeking.

4. Advocate for Your Interests

Your lawyer is there to advocate for your interests. An experienced lawyer understands how to fight for every ounce of justice that is owed to you. Whether your interests are securing a settlement to pay for damages or suing for wrongful death because of negligence from another driver, your interests will be at the forefront of your case.

Part of advocating for your interests means handling the legal paperwork necessary for this type of lawsuit. Lawyers can file motions, send subpoenas, collect and document testimonies, and complete other paperwork that must be submitted to the court and the insurance company. To be sure, there is a lot of legal paperwork involved in any lawsuit, particularly a lawsuit where the liability for the accident is contested. The more legal support you can have, the better off you will be.

5. Negotiate Settlements

Insurance companies are reluctant to ever give a fair settlement. Many people make the mistake of accepting the first settlement an insurance company offers, but accepting the first settlement prevents you from getting the justice you deserve. Not only that, but insurance companies tend to give low-ball offers, especially to people who do not have legal representation.

Your motorcycle accident lawyer will negotiate for a fair settlement on your behalf. If your lawyer is not satisfied with the amount offered by the insurance company, they can reject that offer and take your case to court. Many insurance companies are more willing to negotiate when the possibility of a trial is on the table. When you have legal representation, the insurance company will be more likely to offer you a fair settlement.

6. Prove Liability

With a motorcycle accident, there are a couple of situations where you are not found liable for the accident. Most commonly, the other driver is the one who is at fault for your accident, particularly if they are in a car. But it’s also sometimes true that the roads themselves are liable for your accident. For example, roadwork that is unsafe or negligence for road safety from private companies or the local government may be responsible for your accident.

Why Is Liability Important?

In Texas, there is a legal doctrine called modified comparative fault, which is a legal tool that is used to secure the settlement you are entitled to after an accident. It’s common for the other motorist to claim that you are responsible for the accident, which triggers modified comparative fault. With this legal tool, you will need to prove that you are less than 51 percent responsible for the accident.

This legal tool works on a sliding scale, which means your settlement is offset by the amount of fault you are responsible for. In other words, the less at fault you are, the more your settlement amount will be. Of course, proving comparative fault can be challenging, so it’s best to have an experienced lawyer by your side.

Motorcycle accidents can cause grave injuries, including spinal cord injuries, traumatic brain injuries, loss of limb, and even loss of life. However, motorcycle accidents are often more complicated than auto accidents, so it’s important to have legal representation. A motorcycle accident lawyer will be able to help you with your case in many ways, including collecting evidence, advocating on your behalf, proving liability, and negotiating any settlement offers. Contact Gamez Law Firm in Austin, TX to learn more today.