Motorcycle Accident Attorney

Motorcycle Accident Attorneys in Arlington & DFW

If you have ridden a motorcycle for very long then chances are you have had the misfortune of experiencing a close call with a driver that was distracted or felt they owned the road. Should the worst happen and you become a victim of a motorcycle accident, then you need to contact a qualified DFW motorcycle accident attorney who can deal with the insurance companies and get you the maximum compensation for your loss.

The Law Offices of David S Kohm represent motorcycle accident victims across the Dallas-Fort Worth area and surrounding communities. We are very experienced with the various injuries sustained in motorcycle crashes, and our team of personal injury lawyers and investigators are highly skilled at proving that the motorist who hit you is liable for the resulting damages.

Driver Negligence
A majority of all the motorcycle accident cases our personal injury attorneys work on, are the result of the other driver not seeing the motorcycle until it was too late. No matter how many hours, months, or years of experience you have riding a cycle, one thing remains constant, you can’t control the other driver.  When a car or truck switches lanes, makes a wrong turn, speeds up to beat a yellow light, or misses that stop sign, if you’re at the other end of the subsequent impact and damage, there’s not much you can do.

The Arlington & DFW motorcycle accident attorneys at the David Kohm law offices handle a lot of motorcycle accidents here in the DFW area. Our team of Arlington & DFW motorcycle accident attorneys and investigators work on your behalf to prove the negligence of the driver of the motor vehicle.  No matter what excuse is given, failing to yield, speeding, sun in their eyes, using a cell phone or other mobile device, or the other driver didn’t see your motorcycle, we are here to get justice.  We talk to witnesses and may bring in professionals to analyze skid marks, dents, timing of traffic signals and other evidence to reconstruct the crash.

Get the Largest Reimbursement for Your Damages
We have extensive experience dealing with serious injuries from motorcycle accidents: head injuries, spinal cord injuries, fractures or broken bones, road rash, lacerations, paralysis, and scarring.  Our lawyers work with your doctors, physical therapists, surgeons and other medical professionals to prove the extent of your injuries and we will seek the maximum settlement to reimburse you for your medical expenses, lost earnings, lasting disability, and pain and suffering.  If you have lost a loved one as a result of a motorcycle wreck, we will seek compensation on behalf of the family under wrongful death.

Frequently Asked Questions About Motorcycle Accidents in Texas

What should I do immediately after a motorcycle accident in Texas?

If you are involved in a motorcycle accident in Texas, here are the immediate steps you should take:

Ensure Safety First:

• Check yourself and others for injuries. If you or anyone else is seriously injured, try not to move until medical help arrives.
• If it’s safe to do so, move to a safer area away from traffic, but do not leave the scene.

Call 911:

• Report the accident to the police and request medical assistance if needed. Texas law requires you to report accidents involving injuries, deaths, or significant property damage.
• Having an official police report will be crucial for any potential insurance claims or legal action.

Exchange Information:

• Gather contact and insurance information from the other driver(s) involved in the accident. This should include:
  • Full name
  • Address and phone number
  • Insurance company and policy number
  • Driver’s license number
  • Vehicle make, model, and license plate number

Document the Scene:

• Take photos or videos of the accident scene, including damage to vehicles, road conditions, and any visible injuries.
• If there are witnesses, ask for their contact information and a brief statement of what they saw.

Seek Medical Attention:

• Even if you feel fine, seek medical attention as soon as possible. Some injuries, such as concussions or internal injuries, may not show symptoms right away.
• Keep all medical records, as they will be essential for any insurance or legal claims.

Avoid Admitting Fault:

• Do not admit fault or apologize at the scene. Anything you say can be used against you later, even if you were not at fault for the accident.

Notify Your Insurance Company:

• Inform your insurance provider about the accident as soon as possible. Be honest but stick to the facts of the situation.

Keep Records:

• Start a file with all relevant documents, including the police report, medical bills, repair estimates, and communications with insurance companies.

Following these steps will help ensure your safety, protect your legal rights, and facilitate the process of filing an insurance claim or seeking compensation for damages.

Do I need to report a motorcycle accident to the police in Texas?

Yes, you are required to report a motorcycle accident to the police in Texas if:

1. There are injuries or fatalities: If anyone involved in the accident is injured or killed, you must report the accident to the police immediately by calling 911.
2. There is significant property damage: Texas law requires you to report any accident that results in more than $1,000 in property damage. Even if no one is injured, this threshold usually applies in most vehicle collisions.

By reporting the accident, an official police report will be created, which can be critical for insurance claims or legal proceedings. The police will document the scene, interview witnesses, and help determine fault, which can protect you in the event of any disputes later on.

Failure to report an accident in Texas, especially one involving injuries or significant property damage, can result in fines or other legal consequences.

Should I see a doctor even if I feel fine after a motorcycle accident?

Yes, you should see a doctor even if you feel fine after a motorcycle accident. Here’s why:

1. Hidden Injuries: Some injuries, such as concussions, internal bleeding, or soft tissue damage, may not show symptoms immediately. Adrenaline and shock can mask pain or discomfort in the hours or even days following the accident.
2. Medical Documentation: Even if you don’t feel hurt, getting a medical evaluation provides a record of your condition right after the accident. This can be important for insurance claims or legal proceedings if injuries surface later.
3. Prevent Complications: Early detection of injuries can prevent them from becoming more serious. Delaying treatment might worsen your condition and lead to longer recovery times.

For your safety and legal protection, it’s always a good idea to seek medical attention as soon as possible after a motorcycle accident, even if you think you’re unharmed.

How is fault determined in a motorcycle accident in Texas?

In Texas, fault in a motorcycle accident is determined through a system called “comparative fault” (or “proportionate responsibility”). Here’s how it works:

1. Police Report & Evidence:

• After the accident, the police will investigate the scene and file a report that includes details about the incident and possibly an opinion on who was at fault. However, this report is not the final word on fault.
• Evidence such as photos, witness statements, video footage, and expert testimony (e.g., accident reconstruction specialists) can all play a role in determining fault.

2. Insurance Investigation:

• Insurance companies will conduct their own investigation into the accident, reviewing evidence and reports. They will assess the actions of each party involved to determine who was negligent or violated traffic laws.

3. Comparative Fault System:

• Texas follows a modified comparative fault rule, meaning each party involved in the accident can be assigned a percentage of fault based on their level of responsibility.
• For example, if you are found to be 20% at fault for the accident, you can still recover damages, but your compensation will be reduced by 20%.

4. 50% Rule:

• Under Texas law, you can recover compensation as long as you are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you will not be eligible to recover damages.

5. Factors Affecting Fault:

• Speeding, failure to yield, running red lights, distracted driving, and other forms of negligence (such as not checking blind spots) can all contribute to fault in a motorcycle accident.

Fault is determined by analyzing the actions of each party and applying Texas’s comparative fault rules. The percentage of fault assigned to each party will impact how much compensation, if any, you can recover.

What kind of compensation can I expect after a motorcycle accident in Texas?

After a motorcycle accident in Texas, you may be entitled to several types of compensation, depending on the severity of the accident and who is at fault. Here are the main categories of compensation (also known as damages) that you might be able to recover:

1. Medical Expenses:

• Current and future medical bills related to the accident, including hospital stays, surgeries, physical therapy, prescription medications, and doctor visits.
• If your injuries require ongoing treatment, you may be compensated for future medical care as well.

2. Lost Wages:

• Compensation for lost income if you are unable to work due to your injuries.
• If your injuries result in long-term disability or reduce your ability to earn in the future, you may also be entitled to compensation for loss of earning capacity.

3. Property Damage:

• Reimbursement for repair or replacement of your motorcycle and any personal property damaged in the accident, such as a helmet, protective gear, or other items.

4. Pain and Suffering:

• Compensation for the physical pain and emotional distress you experience as a result of the accident.
• This type of damage is subjective and varies depending on the severity of the injuries and their impact on your life.

5. Loss of Consortium:

• If the accident has affected your relationship with your spouse, such as loss of companionship or intimacy, your spouse may be able to claim loss of consortium damages.

6. Disfigurement and Disability:

• If the accident results in permanent disability or disfigurement, such as scars or amputations, you may be entitled to additional compensation to account for the long-term impact on your quality of life.

7. Punitive Damages:

• In some cases, if the other party’s behavior was particularly reckless or malicious (e.g., drunk driving), you may be awarded punitive damages. These are meant to punish the wrongdoer and deter similar conduct in the future.

8. Wrongful Death Damages:

• If a loved one dies as a result of the motorcycle accident, the surviving family members may be entitled to wrongful death damages. This can cover funeral expenses, loss of financial support, and emotional suffering.

The amount of compensation you can expect depends on several factors, including the extent of your injuries, the amount of fault assigned, and the available insurance coverage. Consulting with a personal injury attorney can help you better understand the specific compensation you may be entitled to in your case.

Auto Accident Assistance

• Recover property damage
• Recover lost wages
• Recover car repair expenses
• Rental car assistance

Take action today, contact us and if you can’t come to us, we will go to your home or hospital.

Contact us online or call our knowledgeable Arlington & DFW motorcycle accident attorneys at the Law Offices of David S Kohm for a free case evaluation.

Se habla ingles y español. Llame hoy a las officinas de David Kohm, Arlington y DFW abogados de accidentes con experiencia.