Do You Need A Lawyer For A Motorcycle Accident Injury Claim In Dallas?
Motorcycles are notorious for being risky vehicles to operate. Though many motorcyclists are diligent and attentive drivers, the perception of courting risk may be a factor in swaying the jury’s or judge’s opinion in a case. Plus, even the best and most cautious motorcycle driver still suffers from the lack of protection afforded to them in the event of a serious crash. In Texas, the situation is magnified by the fact that the state does not require motorcyclists over the age of 21 to wear a helmet as long as they have taken a safety course or have appropriate insurance.
With such little protection provided by their vehicles, motorcyclists can experience severe injuries. Pintas & Mullins, a Dallas car accident law firm, have helped injured motorcyclists with such wide-ranging issues as:
- Broken bones
- Traumatic brain injuries
- Loss of limb
- Severe road rash
Since many motorcycle accident injury claims in Dallas will feature an injured person with significant injuries and time-consuming recovery, it is best for injured folks to contact the knowledgeable attorneys at Pintas & Mullins, a Dallas car accident law firm, for help.
The Deadline for Filing My Motorcycle Accident Injury Claim
Among the many reasons that you should hire a Dallas car accident lawyer after your motorcycle injury is that the legal process is rife with deadlines and requirements that necessitate specialized knowledge. Perhaps the most important deadline is the statute of limitations for Texas personal injury claims. Set by Texas Civil Practice and Remedies Code §16.003, the statute of limitations is the amount of time by which you must file your claim or risk losing the legal right to pursue compensation from the at-fault driver.
For almost every personal injury claim, the deadline is two years from the date of the accident. In other words, you may be unable to pursue compensation from the other party if you fail to file your claim in court within two years of your Dallas motorcycle wreck. Two years may sound like a long time, but motorcycle injuries often require a lengthy recovery process and may make it difficult to focus on these kinds of procedures. Our compassionate Pintas & Mullins, a Dallas car accident law firm, can help ensure that your claim is filed on time, preserving your right to a trial for compensation.
Fault and My Claim
When seeking compensation, the main issue is the apportioning of fault among the involved parties. In Dallas, liability is determined in a variety of ways, mainly through the collection of evidence. Some of the common kinds of evidence that your skilled Dallas motorcycle accident injury claim lawyer can collect and preserve include:
- Traffic camera footage
- Testimony from eyewitnesses
- Police records
- Cell phone records
- Medical bills
- Nearby surveillance camera footage
- Deposition records
It is important to collect this information in order to increase the amount of fault awarded to the other driver and decrease the amount of blame placed on the injured motorcyclist. This is because of the “proportionate responsibility” theory in Texas.
Proportionate Responsibility and My Compensation
The theory of proportionate responsibility has two primary facets that affect your claim. First, unlike in other states, you are allowed to sue for damage even if you share some of the blame for an accident as long as you do not have more than 50% of the fault. Secondly, this method of handling personal injury claims lowers your overall compensation by the percentage of fault that is attributed to you by the court.
For instance, an injured person may be assigned 10% of the blame for a motorcycle wreck in which their total damages are valued at $200,000. In this situation, the amount of money they would receive would be reduced by 10%, resulting in an award of $180,000 rather than the full amount. Since they are found to be 10% responsible for the accident, they are held to be 10% responsible for their resulting damages.
Knowing how the court awards and divides the issue of fault is vital to every stage of a claim. For instance, if you did not know that failing to wear a helmet does not reduce your claim to recovery, you might accept an offer at a pretrial negotiation that is much lower than you are owed. This is why it is so important to have an experienced Dallas car accident lawyer on your side.
Finding a Dallas Car Accident Lawyer For My Claim
Personal injury claims are, well, personal. When seeking appropriate legal counsel, you want to make sure that the lawyer you talk to is compassionate, responsible, experienced, and can work well with you and your family. At Pintas & Mullins, a Dallas car accident law firm, , we do everything we can to make the selection process as easy as possible.
For starters, we offer all of our prospective clients a 100% FREE consultation to go over the facts of your case and discuss legal viability. Also, we do not collect a fee unless we have attained the compensation for you that justice demands. No up-front fees, and no fee if we do not win!