Motorcycle and bicycle accidents often result in severe injuries, property damage, and a complex web of legal and insurance challenges. Building a strong case after such accidents is essential to securing the compensation you deserve. At McGilberry & Shirer, we specialize in helping victims navigate these situations with clarity, expertise, and confidence. This guide will provide actionable steps and insights to strengthen your case.
Immediate Steps to Take After the Accident
1. Ensure Safety and Call Emergency Services
Your safety is the top priority. Move to a safe area if possible and call 911 to report the accident. Emergency responders will document the scene, provide medical assistance, and create a police report, which serves as critical evidence.
2. Seek Medical Attention
Even if injuries seem minor, get a thorough medical evaluation. Some injuries, such as concussions or internal damage, may not manifest immediately. Medical records will serve as essential evidence linking your injuries to the accident.
3. Document the Scene
- Take clear photographs of your injuries, the accident scene, vehicle or bicycle damage, and any relevant road conditions (e.g., potholes, debris, or skid marks).
- Capture the license plates of involved vehicles and any visible injuries on others involved.
4. Gather Witness Information
Obtain names and contact details of any witnesses. Their testimonies can corroborate your account of the accident.
5. Avoid Admitting Fault
Do not admit fault or apologize at the scene, as this can be used against you later. Stick to factual statements when speaking with police or other parties involved.
Legal Considerations for Building Your Case
1. Preserve Evidence
Keep all documents and items related to the accident, including:
- Police reports
- Medical bills and records
- Repair estimates for your vehicle or bike
- Correspondence with insurance companies
2. Understand Comparative Fault Laws in Texas
Texas follows a modified comparative fault rule. This means you can recover damages if you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. An experienced bicycle accidents attorney ensures that fault is accurately assigned.
3. Identify All Potentially Liable Parties
Liability in motorcycle and bicycle accidents can extend beyond the other driver, including:
- Vehicle manufacturers (if a defect contributed to the crash)
- Government entities (if poor road conditions played a role)
- Employers (if the other driver was operating a vehicle for work purposes)
Common Challenges in Motorcycle and Bicycle Accident Cases
1. Bias Against Riders
Motorcyclists and bicyclists often face unfair bias, with assumptions of reckless behavior influencing how fault is assigned.
2. Severity of Injuries
These accidents frequently lead to catastrophic injuries like spinal damage, traumatic brain injuries, or fractures. Such injuries demand higher compensation but often result in pushback from insurance companies.
3. Insurance Tactics
Insurance adjusters may try to minimize your payout by claiming your injuries were pre-existing or disputing the extent of damages.
How McGilberry & Shirer Strengthens Your Case
1. Conducting a Thorough Investigation
Our team collects and analyzes critical evidence, including:
- Surveillance footage from the accident scene
- Black box data (in motor vehicle-related cases)
- Roadway and traffic signal conditions
2. Collaborating with Experts
We work with accident reconstruction specialists, medical professionals, and economists to:
- Establish fault
- Quantify medical expenses and lost wages
- Assess long-term impacts on your quality of life
3. Negotiating with Insurance Companies
We have decades of experience countering insurance company tactics. Our goal is to ensure you receive fair compensation for:
- Medical expenses (current and future)
- Lost wages
- Pain and suffering
- Property damage
4. Taking the Case to Trial if Necessary
If insurers refuse to offer a fair settlement, we are prepared to litigate aggressively on your behalf. Our track record of success in court ensures that your rights are protected.
Key Factors That Determine Case Strength
1. Timeliness
Texas has a two-year statute of limitations for personal injury claims. Acting quickly ensures access to fresh evidence and witness accounts.
2. Documentation
Detailed and organized records of medical treatments, expenses, and communication with insurers strengthen your claim.
3. Quality of Legal Representation
Experienced attorneys like McGilberry & Shirer understand the nuances of motorcycle and bicycle accident cases, ensuring no detail is overlooked.
Preventing Future Accidents: Safety Tips for Riders
While accidents can’t always be avoided, adhering to safety measures can reduce risks:
- Wear Protective Gear: Helmets, gloves, and padded clothing can minimize injuries.
- Follow Traffic Laws: Obey speed limits, use hand signals, and follow lane rules.
- Increase Visibility: Use reflective clothing and proper lighting, especially at night.
- Stay Alert: Avoid distractions and remain vigilant for road hazards and inattentive drivers.
Real-Life Example: Success Story from McGilberry & Shirer
A Dallas motorcyclist was struck by a distracted driver, resulting in multiple fractures and a totaled bike. The insurance company initially offered a low settlement, claiming the rider was partially at fault. McGilberry & Shirer conducted a detailed investigation, proving the driver’s negligence and securing a settlement that covered medical bills, rehabilitation costs, lost wages, and additional compensation for pain and suffering.
Motorcycle and bicycle accidents can upend your life in an instant. You deserve justice and fair compensation for your injuries and losses. At McGilberry & Shirer, we combine experience, dedication, and a client-first approach to ensure you get the representation you need.
