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College Station Motorcycle Accidents

Motorcycle Accident Injuries

Because motorcycles do not offer the level of protection offered by a vehicle, the person on the motorcycle is usually the most seriously injured in an accident involving a car or truck and a motorcycle. The injuries can be quite serious, and the healing process can be extensive. In some cases, the injury results in a long-term or permanent disability.

Your Advocate After the Crash: Leading Motorcycle Accident Lawyer in Bryan, TX

After a motorcycle accident, you may feel lost and uncertain about your next steps. Repairing damaged motorcycles can be costly, and medical expenses can quickly accumulate. On top of that, suffering an injury and suddenly being unable to work can cause significant stress. If another driver was responsible for your accident, you have a right to pursue financial compensation from them to make you whole for your losses. In Texas, this would ordinarily entail filing a claim with the at-fault driver’s insurance company and perhaps later filing a lawsuit if litigation becomes necessary. However, dealing with an insurance company alone, not to mention the possibility of a lawsuit and public court trial, is a daunting task.

Motorcycle cases are typically harder to win than other types of auto accident cases, which makes them all the more difficult for injured victims to handle alone. This is when the assistance of a skilled College Station motorcycle accident lawyer becomes invaluable. Don’t go through the aftermath of a motorcycle accident case on your own. Contact us today at Brian C. Gutierrez to schedule a free consultation, and let us help you pursue the compensation you deserve. Our experienced legal team will stand by your side, fighting tirelessly to protect your rights and secure the financial recovery you need to move forward. Call us today.

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The Aftermath of a Motorcycle Crash

The aftermath of a motorcycle accident often brings about a whirlwind of emotions, pain, and confusion. Amidst this chaos, keeping a clear head and taking the necessary steps to protect your rights and future well-being become paramount. Having a legal team by your side can be a game-changer, ensuring compliance with Texas’ strict statutes of limitations and accounting for all present and future losses.

Our legal team provides flexible consultation options, accommodating you at your home, place of employment, or even your hospital room. We understand that a motorcycle accident can have life-altering consequences, and Brian C. Gutierrez, our experienced motorcycle accident attorney, is adept at handling cases involving serious injuries to ensure full and fair compensation for the victims and their families.

Immediate Actions at the Accident Scene

In the immediate aftermath of an accident, it is crucial to assess your personal safety and check for injuries, as shock and adrenaline might mask the pain. Under Bryan, TX law, reporting a motorcycle accident becomes mandatory if it results in injuries, fatalities, or substantial property damage.

Documenting the exact timing, obtaining eyewitness accounts, and getting a detailed police report are crucial actions as they serve as key evidence in insurance claims and legal proceedings.

Seeking Medical Attention for Injuries

Seeking immediate medical attention becomes vital after a Bryan motorcycle accident, as it may result in a serious injury. Hidden injuries, such as internal trauma, soft tissue damage, and concussions, may not immediately manifest symptoms. Doctors are well-versed in addressing motorcycle injury cases, ensuring proper medical documentation for claims.

For a well-supported claim and organized case presentation, it’s important to maintain thorough records of all medical treatments received post-accident.

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Dealing With Insurance Companies Post-Accident

Dealing with an insurance company post-accident can be nerve-wracking, which is where our experience comes into play. Hiring a personal injury lawyer has been found to increase the final money recovered by three and a half times, on average. This significant boost is mainly because negotiating effectively with insurance providers requires a skilled motorcycle accident lawyer with a solid understanding of local motorcycle laws. Brian C. Gutierrez manages all negotiations and prevents you from making any statements that could be detrimental to your claim. Communicating with insurance companies should be done cautiously, avoiding admissions of guilt or details that could devalue the claim, a task handled by a legal professional.

An experienced lawyer has negotiated with insurance providers many times before. Brian C. Gutierrez knows how to counter all the insurers’ strategies and build a rock-solid motorcycle accident case based on evidence and strong argumentation. It is typically very hard for injured motorcycle riders to negotiate alone with anywhere near the same level of skill.

Our proficiency in presenting a case to insurance companies frequently leads to settlements that are significantly higher than initial low offers.

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Your Rights as an Injured Motorcyclist in Texas

One of the most stressful factors after a motorcycle crash is not fully understanding your rights. Consulting with a motorcycle accident attorney can quickly clear away this fog of uncertainty. Even during your initial free consultation, Brian C. Gutierrez can explain your legal rights, outline options, and suggest your best course of action.

Texas is an at-fault state, meaning the injured party can make a claim with the other driver’s insurance company to recover their damages. Insurers dislike losing money and often dispute the liability of their policyholders, negotiate hard to minimize the value of claims, and even encourage injured victims to make costly mistakes during the filing process.

For most injured motorcycle accident victims, it is inadvisable to take on the insurance provider without good legal representation. By informing you of your rights, your lawyer provides you with a firm legal footing from which to pursue the compensation you deserve.

Understanding Special, General, and Punitive Damages

Three main types of damages are involved in motorcycle accident cases:

  • Special Damages: designed to compensate for losses with a clear monetary value, such as medical bills, property damage, and lost wages.
  • General Damages: compensate for non-economic losses, such as physical pain, emotional suffering, and loss of enjoyment in life.
  • Punitive Damages: intended to punish the at-fault driver in instances of reckless or willful negligence.

Our Commitment to Your Case No one will work harder for you. No one will care more.

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The Role of Negligence in Your Motorcycle Accident Case

Establishing negligence plays a pivotal role in a motorcycle accident case. Police reports provide objective accounts, and our experienced lawyers utilize knowledge of various types of motorcycle accident cases, such as those caused by negligent driving or manufacturing faults. Texas law employs a modified comparative negligence rule, which means your recovery of damages is contingent on you not being more than 50% responsible for the accident, with any awarded damages reduced in proportion to your assigned fault. Gross negligence, when clearly evident, may lead to punitive damages awarded by Texas courts to penalize the at-fault party and to serve as a deterrent to prevent the recurrence of such behavior.

The Financial Toll of Motorcycle Accidents

Motorcycle accidents can inflict a severe financial toll. The rate of injury and death for motorcyclists is significantly higher than for occupants of cars, further contributing to the financial toll of motorcycle accidents. Motorcycle collisions account for 14% of all road accident fatalities, with a rising trend observed in Texas over the past five years.

Motorcycle rider accidents generally result in common motorcycle accident injuries that are 14 times more severe than those incurred in other types of traffic accidents due to their greater exposure to the elements and other vehicles.

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Calculating Damages for Full and Fair Compensation

To ascertain the worth of a motorcycle accident claim, it’s necessary to categorize financial damages into two primary groups: economic damages and non-economic damages. Economic damages include measurable monetary losses like medical bills, lost wages, and property damage, while non-economic damages cover subjective losses such as pain and suffering and emotional distress. A study by the Insurance Research Council found that accident victims who hire an attorney recover three and a half times more money on average than those who do not. One reason for this is that Bryan motorcycle accident lawyers can more accurately calculate your damages. Damages are the sums of money the at-fault party must pay to recompense you for your losses.

Without an attorney, you’re unlikely to know all the damages you have a right to pursue. For a full financial recovery, it is important not to exclude any damages from your claim; once you’ve accepted a settlement and signed a release form, you will never have another chance to claim more damages in the future for the same motorcycle accident.

There are three main types of damages: special, general, and punitive damages. Consider which of the following damages may apply to your case.

Special Damages

Most accident victims seek special damages, which cover losses that have a clear monetary value associated with them, such as medical bills and property damage. As previously mentioned, these types of damages can be especially high in motorcycle accident claims.

Lost Wages

In many motorcycle claims, the injured motorcyclist is kept away from work for a prolonged period of time while recovering. Any kind of income you’ve lost as a result of your injuries can be included in your special damages. If you’ve suffered injuries severe enough to reduce your long-term capacity to work, you may also seek damages for future lost wages. This predicted figure will also be carefully estimated by your motorcycle accident lawyer in College Station, perhaps with the assistance of a vocational rehabilitation expert.

Property Damage

Your motorcycle may have been damaged or destroyed in an accident. You have a right to pursue compensation for any amount you’ve paid for repairs or in purchasing a replacement motorcycle. If you haven’t yet had your motorcycle repaired, you may be able to prove your property damage with an estimate from an approved mechanic.

Medical Expenses

The most common special damage is medical expenses. You may pursue damages for all money spent on your medical treatment and recovery. Motorcycle accident victims often suffer broken bones and road rash burns. Sometimes, the injuries sustained are extremely severe, such as traumatic brain injuries, spinal cord damage, and other life-threatening injuries. When an injury is long-lasting or permanent, you may also seek damages for future medical expenses. With the assistance of medical professionals, your College Station motorcycle accident attorney can estimate the probable cost of all future medical treatment, even over an entire lifetime.

General Damages

General damages are monies for losses that do not have a clear objective monetary value, such as physical pain or emotional suffering. Without the counsel of an experienced motorcycle accident lawyer such as Brian C. Gutierrez, injured victims often fail to realize how much general damages they have a right to pursue. As a result, they leave money unclaimed.

Personal injury lawyers can make sure their clients avoid this mistake. They can determine all the general damages that should be included in the initial demand letter to the insurance company.

Pain and Suffering

Severe injuries can cause a great deal of physical pain, sometimes lifelong pain. You should be compensated for any pain and suffering you’ve experienced. Pain and suffering damages sometimes refer to all physical, emotional, and psychological suffering.

Loss of Enjoyment in Life

If your ability to enjoy any pleasurable pastime or activity has been reduced or lost because of your accident, it also counts as a loss for which you may seek compensation. People close to you may testify to how your enjoyment in life has been diminished.

Scarring and Disfigurement

When an injury and its treatment leave a victim scarred or disfigured, it can negatively impact the individual’s self-image, confidence, relationships, and career. Motorcycle accidents sometimes result in facial injuries such as lacerations, breaks, and road rash burns. Amputations, nerve damage, and severe bone fractures can all cause disfigurement, and reconstructive surgery often leaves disfiguring scars.

Impairment and Disability

As a result of a serious injury, part of your body may become temporarily or permanently impaired. This means the body part has lost some degree of its prior movement or function. If an impairment reduces your ability to enjoy a pastime or perform work-related activities as effectively as before, you have a disability. Both impairment and disability may be compensated for in your damages.

Emotional Distress

The upset and stress caused by an injury can be hugely detrimental to the life of an injured motorcycle rider. In more severe cases, the victim may suffer from anxiety disorders, depression, panic attacks, or post-traumatic stress disorder. Any such emotional and mental anguish should be financially compensated for.

Punitive Damages

While special and general damages are meant to compensate motorcycle accident victims for their losses, punitive damages are designed as an added punishment for the at-fault drivers. Motorcycle accident cases may include punitive damages when the at-fault driver was acting with reckless or willful negligence, such as drunk driving or driving well above the speed limit. When auto accidents are caused by reckless negligence, a jury trial will often be required to win punitive damages successfully.

Loss of Consortium

Due to the relatively high fatality rate, cases involving motorcycle accidents are often wrongful death claims. The most important damage in a wrongful death claim is often loss of consortium damages. Loss of consortium damages is pursued by the surviving loved ones of the deceased accident victim. These damages refer to all the benefits previously derived from having the deceased individual in their life. Lost relational benefits may include comfort, affection, financial support, emotional support, parental guidance, and more lost benefits. Motorcycle accident lawyers often handle wrongful death cases where the motorcycle accident victim has perished.

Financing Medical Care Through Settlement Liens

Healthcare providers may agree to defer payments for medical services until the resolution of a personal injury case in exchange for placing a lien on a portion of the final settlement or court-awarded payout. Our team can facilitate the medical care financing by organizing deferred payments with medical care providers and, after a settlement is reached, renegotiating liens to potentially lessen your financial burden.

Building a Compelling Motorcycle Accident Claim

Constructing a strong motorcycle accident claim necessitates overcoming biases, amassing robust evidence, and making a convincing case presentation. Motorcycle accident claims are complicated by biases that often cast motorcyclists in a negative light, labeling them as reckless. Inadequate or misleading information from police reports and eyewitness accounts are among the challenges faced when building a compelling motorcycle accident case.

Our team of experienced lawyers will guide you through this process, ensuring all aspects of your case are meticulously handled.

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Gathering and Analyzing Evidence

Almost all personal injury cases need evidence to prove the liability of the at-fault driver, but motorcycle accidents often require even more robust and persuasive evidence than most. This is because of the unique challenges claimants often face in motorcycle accident claims. For example, even though the drivers of other vehicles are usually responsible for motorcycle accidents, jury members sometimes view motorcyclists as somewhat reckless and, therefore, likely to have been at fault.

Gathering and preserving evidence is of utmost importance for establishing liability and substantiating the claim. Evidence collection techniques at motorcycle crash scenes include taking comprehensive photographs, drawing diagrams, and securing any physical evidence, such as parts of the motorcycle or the rider’s helmet. Witness statements and expert analysis from accident reconstruction specialists can establish a clear narrative of the events leading to the accident.

Our Commitment to Your Case No one will work harder for you. No one will care more.

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Proving Liability in a Motorcycle Accident Case

You also need to prove the full value of your damages. Without evidence, motorcycle accident cases can sometimes devolve into a situation where it is the injured motorcyclist’s word against that of the other driver, which isn’t a strong position to be in.

As the individual accusing the other driver of negligence, the burden of proof is on you to back up your claim. This is why it is so important to think about evidence from the very first moment an accident occurs.

Evidence from the motorcycle accident scene often plays a pivotal role in proving the liability of the at-fault driver. Immediately after a motorcycle accident, gather as much as you can.

Call the police, who will document significant factors in their report, sometimes including who they think caused the crash. Take pictures and videos of everything, including the position of any motor vehicles involved, damage to your motorcycle and the other vehicles, road conditions, weather conditions, and injuries suffered. Also, ask eyewitnesses for their contact details.

Someone Else Can Collect Evidence on Your Behalf

After suffering an accident and injury, you may not have the wherewithal to gather evidence at the accident scene, especially if you need to be rushed to the emergency room. If this is the case, ask a family member or friend to collect evidence for you. Alternatively, if contacted on the day of a motorcycle crash, most motorcycle crash attorneys will be able to have a special investigator rush to the accident scene.

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An Experienced Motorcycle Accident Attorney in Bryan, TX Can Gather Additional Evidence

Your motorcycle accident lawyer in Bryan, TX may be able to access additional evidence that would otherwise be difficult to obtain, such as surveillance camera footage. Motorcycle accident attorneys also have networks of local expert witnesses who may provide testimony to strengthen your claim. This may include accident reconstruction experts, highway safety experts, engineering experts, and more.

The value of your damages may also be disputed, especially if you’ve suffered severe motorcycle accident injuries requiring substantial damages. Successful negotiation with the insurer often comes down to the strength of the evidence supporting the damages.

Examples of Evidence to Support Your Damages

Medical bills and lost wages may be simple enough to prove with hospital bills and pay stubs, but proving the estimated values of future medical expenses and future lost income can be harder. Your motorcycle accident lawyer can retain more expert witnesses, such as specialist medical experts and vocational rehabilitation experts, to provide testimony supporting the value of future damages.

General damages, such as pain and suffering, emotional distress, and loss of enjoyment in life, also need to be proven. Your College Station motorcycle accident lawyer or law firm might use doctors’ records, the reports of clinical psychologists, and even the testimony of friends and family members to support these more subjective damages.

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Interviewing Witnesses and Consulting Experts

Witness and expert testimonies can strengthen your case and provide valuable insights. Here are some ways they can support your claim:

  • Expert witnesses can offer insights into the mechanics of the accident
  • They can provide information on contributing factors
  • They can explain the nature of the injuries sustained

Utilizing witness and expert testimonies can greatly enhance your case. Eyewitness accounts provide testimonial evidence that can offer an impartial perspective on the events of the motorcycle accident, reinforcing your claim.

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Presenting Your Case with Clarity and Conviction

A clear and convincing presentation of your case is pivotal to securing victory in a motorcycle accident case. A well-prepared Trial Notebook is essential for lawyers, containing all necessary documents, evidence, and notes to facilitate a smooth and organized presentation during trial.

Practicing opening and closing statements is crucial for personal injury lawyers to refine their messaging and ensure they communicate the case’s key points effectively.

The Emotional and Psychological Impact of Motorcycle Crashes

Motorcycle accidents are far more dangerous than other kinds of vehicular accidents. Collisions involving motorcycles account for 14% of all road accident fatalities, even though only 3% of vehicles on the road are motorcycles. 

Without the protection of a seat belt, metal frame, airbags, and other safety features you find in passenger vehicles, motorcycle riders are more likely to suffer severe or fatal injuries. And the more serious and long-lasting an injury, the higher the medical bills. This tends to put motorcycle crash victims under greater financial pressure than victims in other kinds of personal injury cases.

The repercussions of a motorcycle crash often go beyond physical injuries, significantly impacting the emotional and psychological well-being of victims and their families. Non-economic damages like pain and suffering, mental anguish, and loss of companionship, while harder to quantify, must be clearly articulated to demonstrate the impact on the victim’s quality of life.

Motorcycle accident victims may face difficulties in maintaining healthy relationships due to heightened anxiety, anger, or irritability, which can arise from the emotional stress of the accident.

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Do Not Be Tempted to Accept a Lowball Settlement Offer

If you’re facing the looming threat of sky-high medical bills, you may be tempted to accept a quick settlement from the insurance company. But this is often a mistake. With patience and skillful negotiation, you’re likely to recover far more in the final settlement.

However, motorcycle accident claims can take months or even years to resolve, which means a long wait until your settlement arrives. Meanwhile, you need to find a way to pay your medical bills. Brian C. Gutierrez may be able to help with that.

Legal Representation in Motorcycle Injury Trials

For the presentation of a robust case and the securing of optimum compensation, legal representation in motorcycle injury trials is indispensable. Hiring a motorcycle accident lawyer with trial experience can positively impact the case by showing the other party a readiness to go to trial, which often aids in obtaining a fair settlement before the court.

Without proper legal representation in a jury trial, there is a risk of the insurance provider disputing the claim, making it crucial to have an experienced lawyer to effectively argue the case.

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Many Motorcycle Accident Attorneys Do Not Try Cases in Court

Because the majority of motorcycle accidents are resolved with a settlement, many motorcycle accident attorneys never try cases in court. This is something to ask prospective motorcycle accident lawyers about before you hire them.

Without jury trial experience, your motorcycle lawyer may be unwilling to push for the maximum compensation possible. The ideal motorcycle lawyer will fight tooth and nail to recover every cent you deserve, even if it requires a grueling court case.

Interestingly enough, when you retain a motorcycle accident lawyer with a reputation for trying and winning motorcycle accident cases in court, the other party will understand that you’re willing to go all the way. This will often help you to reach a fair settlement long before it becomes necessary to enter the courtroom.

Preparing for Trial

Trial preparation constitutes a critical phase in the litigation process. It’s important to ascertain that your chosen motorcycle accident lawyer is willing to take the case to trial to secure the fullest compensation admissible. 

The lawyer will efficiently manage all essential legal formalities, including:

  • Filing the case
  • Drafting pleadings
  • Conducting discovery
  • Arranging for trial

while respecting the relevant statutes of limitations.

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Jury Trial Advocacy

The ability to advocate effectively in a jury trial is a skill that holds significant sway over the case’s outcome. Effective jury trial advocacy often employs “reptile” strategies that speak to jurors’ primary instincts for safety and protection, persuading them of the need for a community-protective verdict.

Skilled cross-examination techniques are crucial in trial advocacy for diminishing the credibility of defense witnesses.

Why Choose Us as Your Bryan Motorcycle Accident Lawyers

The solution of your case can be significantly influenced by the choice of legal representation following a motorcycle accident. We at the law office of Brian C. Gutierrez stand out for our commitment to motorcycle riders and our proven success in motorcycle accident cases.

Our Commitment to Motorcycle Riders

Brian C. Gutierrez takes pride in his relentless and dedicated advocacy for the rights of motorcyclists. We recognize that motorcyclists are often unfairly labeled as reckless. We are committed to providing a strong defense for motorcyclists and ensuring the best possible resolutions in each case.

Proven Success in Motorcycle Accident Cases

Our track record speaks volumes. We have a wealth of positive testimonials reflecting our success in motorcycle accident cases. Clients commend us for our exceptional service, noting our personal care and attention, as well as our ability to meet crucial deadlines. Our thoroughness and professionalism in handling cases contribute to our clients’ positive experiences.

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Common Motorcycle Accident Questions Answered by Brian C. Gutierrez

Frequently Asked Questions

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What should I do if I’m involved in an uninsured or underinsured motorcycle accident in Texas?

If you’re involved in a motorcycle accident in Texas and the at-fault driver is uninsured or underinsured, it’s important to take the following steps:

  1. Contact the Police: Ensure that a police report is filed. This will document the accident and may be crucial for your claim.
  2. Seek Medical Attention:Your health is the top priority. Get medical help immediately, even if you think your injuries are not severe.
  3. Gather Information: If possible, collect contact information from any witnesses and take photos of the accident scene and any injuries.
  4. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. They will need to know if the other party is uninsured or underinsured.
  5. Check Your Policy: Review your own motorcycle insurance policy to see if you have Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This coverage can be a vital resource in such situations.
  6. Consult with a Motorcycle Accident Attorney: An experienced attorney can help you navigate the complexities of your claim and ensure that you pursue all available options for compensation.

Remember, Texas law requires all drivers to carry a minimum amount of liability insurance, but not everyone follows the law. Having UM/UIM coverage is a proactive step that can provide you with peace of mind and financial protection.

What should I do after a motorcycle accident in Texas?

Following a motorcycle accident in Texas, it is critical to prioritize your health by seeking immediate medical attention. Ensure that the accident is properly reported to law enforcement, as Texas law mandates reporting accidents that involve injuries, fatalities, or substantial property damage. After addressing these immediate concerns, it’s advisable to consult with a knowledgeable personal injury attorney who can guide you through your legal options and help protect your rights. Additionally, it’s important to be aware of the statute of limitations for filing a personal injury claim in Texas, which typically ranges from two to three years from the date of the accident. Therefore, it’s essential to act promptly and seek legal assistance to ensure that you do not miss the deadline for pursuing compensation for your injuries and losses.

How can an attorney help with my motorcycle accident case?

An attorney can support you by navigating the legal process, collecting evidence, engaging with insurance companies, negotiating settlements, and providing representation in court when needed. This can alleviate your burden and increase your chances of a favorable outcome.

Why is it important to gather evidence after a motorcycle accident?

Gathering evidence after a motorcycle accident is crucial for establishing liability, proving negligence, and supporting your claim. It can significantly impact the resolution of your case.

What are my rights as an injured motorcyclist in Texas?

As an injured motorcyclist in Texas, you have the right to pursue compensation from the responsible party’s insurance provider for special, general, and punitive damages.

Do you have other questions?

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Motorcycle Accidents May Cause Injuries Such As:

  • Fractures, broken bones, and dislocations
  • Hand and wrist injuries
  • Leg, ankle, and foot injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Road rash from contact with the asphalt

When motorcyclists and their passengers are injured in an accident, our Bryan, TX motorcycle accident lawyer fights to recover compensation for their injuries. Depending on the extent of your injuries, we may be able to recover compensation for past and future medical expenses, lost wages, loss of future income, disability, other costs associated with the accident, and pain and suffering.

Contact a Bryan, TX Motorcycle Injury Lawyer Today

There are many factors that are considered when preparing a case for a client injured in a motorcycle accident. Showing that the other driver was at fault is critical to a successful outcome. We can investigate your personal injury claim, look for evidence to support your claim, interview witnesses, and consult with experts, as needed, to prepare your case for settlement negotiations or trial in Bryan or College Station.

FAQs

Exploring Liability: Partial Fault in Motorcycle Crashes Can I File a Motorcycle Accident Claim If I Am Partially at Fault? Navigating Uninsured or Underinsured Motorcycle Accidents in Texas How Long Do I Have to File a Claim After a Motorcycle Accident in Texas? How Is Compensation Determined in a Motorcycle Accident? Can I Still Receive Compensation If I Wasn’t Wearing a Helmet During a Motorcycle Accident? Can I Recover Compensation for Emotional Distress After a Motorcycle Accident?

“No words describe how amazing it is to work with Brian.” J.T.

Our Commitment To Your Case No one will work harder for you. No one will care more.

Contact Brian
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