With the help of our Houston Motorcycle Accident Lawyers, you can protect your rights to maximum compensation and prevent unfair biases from preventing you from receiving the money you deserve.
There’s nothing better than cruising down the open road on a motorcycle… but sometimes the road hits back.
Since motorcycle riders are more vulnerable and exposed than car passengers, motorcycle accidents can be particularly devastating. A single wrong turn can alter the course of a motorcycle rider’s life forever, even when they are cautious and equipped with the most protective gear.
Our Houston motorcycle accident attorneys at The legal team of Stewart J. Guss can help you connect with the resources and care you need, and bring you the justice you deserve.
24 hours a day, 7 days a week, our Houston personal injury lawyers are here to provide a FREE consultation. Feel free to contact us right now at 866-959-0975. Should you decide to hire us, you’ll pay nothing upfront, and you’ll pay nothing at all unless and until we win your case! That’s our guarantee.
Additionally, if you are suffering from injuries after your motorcycle accident and you are uninsured or cannot afford health insurance deductibles or copays, we may be able to help you obtain the medical treatment you need – without any upfront costs to you. For more information, please contact us.
Since establishing our headquarters in Houston, Texas in 1999, our firm has expanded to numerous locations across the country, including hubs in Dallas, New Orleans, Los Angeles, and Atlanta. Our commitment to excellence and our values have helped us build a trusted network of partners throughout all 50 states.
You Can Get Help From Our Houston Motorcycle Accident Lawyers
The weather in Texas is generally perfect for riding a motorcycle…except for those occasional heatwaves or floods. No matter where you are, Texas is a great place to explore by motorcycle.
There is no one who understands these joys – and dangers – better than attorney Stewart Guss. He wears the M license proudly on his driver’s license, and he spends many hours riding a motorcycle of his own. Having been on the road for many years, he is well versed in the risks and rewards associated with riding a motorcycle.
Even the most defensive motorcycle riders are taking a risk when they start their engines. Statistics show that there is a higher danger of being in an accident than if you were driving or riding in a car or truck. And should an incident occur, the potential repercussions for motorcyclists are greater even when full protective gear is used due to their vulnerability compared to other passenger vehicles like cars and trucks. The NHTSA has revealed that riders are five times more likely to be injured in accidents than occupants of these other vehicles.
The Texas Department of Transportation (TxDOT) reports that motorcycle crashes occur all too frequently here in Texas. There were 9,655 motorcycle accidents reported in Texas in a single year. After a crash, 501 motorcyclists died, and only 14% walked away unscathed.
We understand that when a crash happens, your world comes to a standstill. Your thoughts are swirling and you may not know what to do next.
While accident victims can take steps to protect their rights, we realize that these steps may not be available to everyone right after a crash.
The following are a few things to keep in mind.
If you have serious injuries:
Immediately after a motorcycle accident, if you suspect you have suffered serious injuries, stay put. If others are involved, you should not attempt to move accident victims from the scene, unless they are in danger. If others are helping you, make sure they call 911 before doing anything else. Moving an injured victim can worsen spinal injuries, fractures, and other traumatic injuries.
Paramedics will likely transport you directly to the hospital for emergency trauma care in this situation.
Now don’t worry about the accident scene; your main priority should be your health. Some motorcycle accident victims wake up in the hospital after being unconscious at the scene. You should remain calm as you try to figure out what happened and why you are there. Follow the doctor’s instructions to avoid complications and hope for a positive outcome.
Stay at the scene if you can:
In the meantime, you can take advantage of the time you have until the paramedics arrive in the following ways:
The first thing you need to do is move out of the roadway and call 911.
Take a few quick photos of your motorcycle and related vehicles before moving it. This will help you determine the cause and fault of the crash.
Never confront the other driver if he or she appears drunk or agitated until the police arrive.
You may need an ambulance ride when EMTs arrive on the scene.
You should tell the police officers everything you remember about what happened. Avoid apologizing or making any statements that could be interpreted as admitting fault.
Photograph your injuries, any property damage, and your surroundings (for example, if you or the other driver hit a sign or tree).
Ask for the contact information of any witnesses who stopped to gawk or help after your motorcycle crash. These people may have vital information that police haven’t collected.
Leaving the Accident Scene:
(You may try to make an emergency appointment with your usual doctor, but many PCPs avoid treating accident victims due to insurance disputes.)
Even if you didn’t need an ambulance, you may still have serious injuries you don’t notice at first. You need a proper and timely diagnosis. Prompt care is important for obtaining medical records that show your diagnosis and treatment recommendations. In the event of an insurance claim, these records will be used to prove your injuries.
Any accident can be hugely impactful and leave you feeling rattled. When you find yourself in this difficult position, call a motorcycle accident law firm with experience navigating cases like yours. You may be able to seek financial compensation for medical bills or other losses. The right lawyer can help minimize your out-of-pocket expenses. We provide FREE consultations and are available 24/7 – simply call 866-959-0975, or CLICK HERE to submit your case now.
How much is my motorcycle accident case worth?
Injuries are difficult enough to deal with, but experiencing additional losses after a motorcycle accident can be even more frustrating.
A motorcycle accident victim’s loss depends on the severity and nature of their injuries, but can easily reach millions of dollars if the injury is catastrophic and permanently disabling. A broken elbow, on the other hand, may cost a few thousand dollars to a victim.
In general, all victims deserve fair compensation. No one should have to pay for a crash that wasn’t their fault. If you suffer ANY expenses or losses at all, you should receive compensation from the party that caused your accident.
It is best to contact our office directly for a FREE case evaluation to determine how much your motorcycle accident claim is worth.
The following are some examples of common losses after a motorcycle accident.
Medical expenses – Every motorcyclist who is involved in a crash should receive medical attention right away, but we all know that ambulance rides and emergency room stays can add up quickly. If an injury requires surgery, an extended hospital stay is common. In addition to surgeries, post-op care, physical therapy, rehabilitation therapy, home health care, medical equipment, medications, and more, motorcycle crash victims may also incur costs for medical equipment.
Lost earnings – Injuries can vary in magnitude, from minor to very serious. Medical treatments often require a significant amount of recovery time, which for some could be days, weeks or even no longer being able to work at all. Depending on the type of injury you have, it could preclude you from continuing with your regular job responsibilities. For example, those that have suffered broken legs or herniated discs cannot work in construction or lift heavy objects. Even an injury to the neck or back may make it impossible to do a desk job. The earnings you miss due to not being able to work can have financial implications on your whole household budget and ultimately create stress during a difficult period. Taking paid leave may be possible but this too may become depleted quickly leading to taking unpaid leave which can add to the burden of lost income.
Future losses – When you reflect on the aftermath of your motorcycle accident, you may think of your current personal injuries, medical bills, repairs for your bike, and loss of wages. But it’s important to keep in mind that the effects can last beyond the conclusion of an insurance claim or legal case. A competent motorcycle accident lawyer understands how to assess the long-term ramifications; costs such as future medical care and potential reduced earning capacity that may be associated with deep-rooted damage from the crash.
Noneconomic losses – Survivors of motorcycle accidents often suffer from post-traumatic stress disorder, as well as physical pain and suffering from their injuries. Not all losses come with an itemized bill. A motorcycle accident injury lawyer can help you fight for real compensation if you are unable to return to your hobbies, or if you are permanently paralyzed or disfigured. These are real problems that deserve real compensation.
It is the sole purpose of an insurance claim or a personal injury lawsuit to get compensation for your losses and seek damages. If you claim a certain amount of damages, the insurance company and liable party won’t trust your word. Instead, you’ll need to provide evidence to support your claim. This can be difficult.
As you can present your bills and pay stubs to prove your past medical expenses and lost wages, it is relatively easy to prove those monetary losses. In comparison, future losses and noneconomic losses are much harder to calculate and prove. You will need to hire an experienced motorcycle accident attorney to assist you.
In addition to helping clients with catastrophic injuries and disruptions to their livelihoods, our law firm regularly works with them. With over 20 years of experience, we have the knowledge and assistance of medical, financial, and occupational experts who can calculate future medical costs and lost earnings for you. Additionally, we are extremely familiar with how our Texas legal system treats noneconomic damages, so we can assess your case and figure out how much you deserve.
Getting a motorcycle accident claim right is not just about calculating damages, as you must also prove who was at fault. Get in touch with Stewart Guss and his team of motorcycle accident lawyers at 866-959-0975 today for your FREE case evaluation. Stewart Guss and his team of motorcycle accident attorneys and legal professionals know how to handle EVERY aspect of your motorcycle accident claim.
Our Houston Motorcycle Accident Lawyers: Why Should You Choose Us?
For almost 20 years, Stewart Guss has been a motorcycle driver and a personal injury lawyer, which has made him acutely aware of the dangers that motorcycle riders face. His team and Stewart know how to get maximum compensation for you if you suffer injuries on your motorcycle, and he has obtained major financial recoveries for many of his fellow Houston motorcyclists injured in accidents.
You don’t have to pay anything unless you win!
Besides our firsthand knowledge and appreciation of Houston’s motorcycle culture, we are also distinguished by the following additional factors:
Stewart Guss has built his team and outlook upon the principle of client-first focus. You will be treated with respect, compassion, and never treated like just another case number.
In your motorcycle accident claim, Stewart Guss and his team will tirelessly work to maximize your recovery.
In motorcycle cases, our legal team has an in-depth understanding of insurance industry tactics and catastrophic injury claims.
Partnering with us is always free, and there are never any upfront costs.
There are not many law firms around Houston that can say all of the above about their team. Our firm strives to provide individualized representation and achieve results that you deserve.
Every step of the way, we will fight for your claim.
Injuries caused by motorcycle accidents
As we mentioned before, motorcyclists are five times more likely to suffer injuries in accidents than passenger vehicle occupants, according to the National Highway Traffic Safety Administration (NHTSA). There are a wide range of severity and nature of motorcycle accidents, but even relatively minor accidents can cause serious injuries or scars because motorcyclists are exposed to the elements.
When motorcyclists are hit at low speeds, they can suffer road rash, lacerations, cuts, bruises, and broken bones, as well as lacerations, cuts, and bruises. When riding a motorcycle, it’s important to wear the right safety gear, including a helmet, boots, gloves, and thick clothing. However, even the best motorcycling gear cannot protect you from a large vehicle’s crushing impact.
Without a helmet, you’re more likely to die in a Texas motorcycle accident.
A serious motorcycle accident can result in the following injuries:
Brain injuries caused by trauma
Symptoms of traumatic brain injuries can last months, and more serious injuries can result in long-term disabilities that affect the victim’s cognitive and physical abilities.
Injuries to the spinal cord
In serious motorcycle accidents, spinal cord injuries, also known as SCIs, can result in total or partial paralysis, making them one of the most serious and dangerous types of injuries.
Injuries to soft tissues
Skin, fat, synovial membranes, muscles, tendons, and ligaments are damaged in soft tissue injuries, which are commonly overlooked or ignored.
Face and head injuries
Many motorcyclists don’t wear helmets with face guards… or don’t wear helmets at all. A broken nose or fractured cheekbone can require surgery and permanently alter your appearance.
Injuries to the teeth
Motorcycle accidents can cause broken jaws and chipped teeth. Broken jaws often require wiring that prevents the patient from eating solid food for weeks, and chipped teeth can require expensive dental work. To reduce your risk, choose a motorcycle helmet with a faceguard.
Bruises
Even simple fractures take weeks or months to heal and keep you out of work. All fractures require medial treatment, such as a cast, splint, brace, or boot. Multiple fractures or shattered bones will require surgical implantation of pins, plates, or screws to help them heal. After surgery, recovery can be long and painful, and despite doctors’ best efforts, bones may never fully heal.
Injury to the internal organs
An internal injury is very common in Houston motorcycle accidents. A traumatic impact can damage your major organs, such as your liver, spleen, lungs, kidneys, and heart. You can also experience internal hemorrhaging.
The rush of adrenaline after a motor vehicle accident can make it difficult to recognize the extent of injuries sustained. For this reason, it is important to seek medical attention as soon as possible – both for the best chances of recovery and to create an official record that can be used in negotiations or at trial.
When a motorcycle crash occurs, who is responsible?
Despite walking away from a motorcycle accident relatively unscathed, your bank account might still take a beating. If the accident wasn’t your fault, someone else may be held liable.
When you are involved in a motorcycle accident, you want someone on your side that is knowledgeable about your rights and your options. You have nothing to lose and everything to gain from hiring an experienced Houston motorcycle accident lawyer.
You may be able to hold another party liable for your injuries and losses if that party’s negligence led to your accident. Many different parties may be at fault in motorcycle accidents, including:
- Drivers who are distracted
- Drivers who are impaired
- Drivers who are aggressive
- Failure to yield by drivers
- Inappropriate lane changes by drivers
Motorcycle companies that sell defective motorcycles or motorcycle parts
Departments of transportation that allow dangerous or defective roads to exist
Motorcycle accidents in Texas have many causes, but distracted driving is a major factor. Motorcycles are harder to spot due to their size and drivers who mainly look out for bigger vehicles. As a result, it’s simple to overlook a motorcyclist in the rearview mirror or blind spot and then maneuver right in front of them. Despite this, the law requires motorists to pay attention out for all types of vehicles on the roads including motorcycles and bikes.
The first step in obtaining the compensation you deserve is to file a claim with the negligent party’s insurance company once you identify one or more negligent parties who caused your accident. You may think insurance claims are straightforward, but the process can be intimidating and complex, especially if you’ve never filed one before.
A motorcycle accident lawyer can help you protect your rights during this precarious process by challenging liability or arguing about the extent of your injuries and losses.
Insurance companies are notorious for reviewing a claim and offering only a fraction of what you deserve. This doesn’t mean you deserve less; it just means insurance companies are greedy. Lowball offers are made in hopes that you do not know any better and accept them.
The settlement also waives your right to take any further legal action regarding your accident… which means you cannot ask for more once you realize the settlement was inadequate. This is why we recommend ALWAYS that our skilled legal team review all settlement offers before you sign or accept anything.
Our mission is to make sure you don’t walk away with less than you deserve.
You may be eligible for a personal injury lawsuit if your insurance claim isn’t enough to cover your losses. Stewart Guss’s motorcycle accident legal team can handle the whole process if you choose to pursue this option. Contact us today at 866-959-0975 or online to learn more – it won’t cost you anything until we win your case. We’re here to help and look forward to hearing from you.
Motorcycle accidents: how to protect your rights
Motorcycle accident victims would benefit greatly from it, but compensation is not automatically provided to them, even in cases where the other driver is clearly at fault. It is usually necessary for the victim and their legal team to take assertive, affirmative steps to obtain compensation, and victims can do things that negatively impact their chances of getting it.
To maximize your chances of recovery after an accident, follow these tips:
Preserve all evidence of your crash. Should you not need urgent medical assistance, make sure to gather as much data about the incident as you can. Take multiple shots of the outcome from different perspectives, capturing your motorcycle’s damage as well as any road/vehicle shortcomings that could have been a factor in the accident. Ask anyone who observed the wreck for their contact information.
Journaling isn’t just for middle schoolers. Putting your pain and suffering into words can be immensely helpful proof for your claim. Documenting the aftermath of a crash is equally important as collecting evidence at the scene. Keep detailed notes about your pain levels, problems sleeping, activities you must avoid, and how your injuries damage you psychologically or emotionally.
Keep social media out of your life. In the age of Facebook, Twitter, Instagram, and their inevitable successors, a motorcycle accident may seem like a life-altering event you simply must share or vent about. Just don’t. Anything you post can be used as evidence to show that you were at fault for your accident, or that you weren’t as severely injured as you claim. We know it’s difficult, but don’t use social media at all while your case is pending.
It is important to remember not to accept an insurance company’s settlement offer without first seeking advice from a motorcycle accident lawyer. Insurance companies often make quick offers after an accident, however, these amounts are rarely enough to cover the costs of potential pain and suffering. Furthermore, individuals unfamiliar with legal proceedings may be unaware of how much their case is worth or that they can seek further compensation. To ensure that you receive adequate compensation and the at-fault party remains liable for future damages, it is vital to consult a law firm before signing any papers.
HOW CAN I PREVENT AN ACCIDENT OR SEVERE INJURY ON MY MOTORCYCLE IN HOUSTON?
A motorcyclist is four times more likely to suffer catastrophic injuries in an accident than a passenger car occupant. In an accident, you are 29 times more likely to die. While it is important to know what to do after an accident, it is just as important to know how to avoid one.
Before you get on your motorcycle and prepare to hit the open road in Houston, be sure to keep these things in mind:
GET YOUR LICENSE (CLASS M)
Obtaining a motorcycle license is mandatory. For a Class M license, riders must complete a Motorcycle Safety Course or transfer a valid motorcycle license from another state. For minors, motorcycle licensing requirements in Texas are more complicated.
According to the NHTSA, 30% of riders involved in fatal crashes in 2019 were not properly licensed. Inexperienced riders cause accidents.
IF THE WEATHER IS BAD, DON’T RIDE
Slick roads, limited visibility, and debris on the road can easily contribute to nearby motorcycle wrecks when the weather is bad. Driving a motorcycle is much more difficult than driving a car.
DEFEND YOUR VEHICLE
The other motorists on the road probably won’t exercise extra caution just because you’re nearby (even though they should).
You’ll need to take matters into your own hands if you want to stay safe:
Be visible: use your headlights (even during the day) and don’t ride in blind spots
Make sure you leave enough space between your bike and other vehicles
When making turns, slow down
Make use of your bike’s turning signals and hand signals
Be aware of hazards on the road, such as potholes, downed power lines, and tree branches.
USE SAFETY GEAR AND BUY IT
Wear a helmet and other safety gear, including boots, gloves, and padded clothes. If your equipment is damaged or worn out, you shouldn’t use it anymore. It’s there to protect you. If it’s broken or missing, it can’t do its job.
BEFORE RIDING, DO A PRE-CHECK
Prior to heading out for a ride, check your bike’s tire pressure, fluids, and lights and signals.
IN HOUSTON, WHAT HAPPENS IF I GET BLAMED FOR A MOTORCYCLE ACCIDENT?
If you’re not primarily responsible for the wreck, you may still be able to recover compensation for your injuries. Texas operates on a modified comparative negligence system with a 51% recovery bar.
In simple terms, you have the right to file a lawsuit as long as you’re not more responsible for the accident than anyone else. Even if you are equally responsible, you may still be able to sue for damages. However, if your liability exceeds 50%, you cannot sue a third-party.
YOU WILL NOT BE ABLE TO GET AS MUCH MONEY FOR YOUR INJURIES IF YOU SHARE BLAME
As a result of the state’s comparative fault rule, damages are reduced by the level of fault, even if you may be able to recover compensation.
As an example, if you are found responsible for 15% of a motorcycle accident because you were distracted, your damages will be reduced by 15%.
In Houston, TX, our motorcycle injury attorneys know that other parties will try to blame you for the wreck. The more responsibility they can shift to you, the less they’ll have to pay. We’ll be ready to defend you, working to limit the effectiveness of these strategies at every turn.
The evidence collected by our team will disprove claims of negligence and limit the amount of blame attributed to you.
HOW MUCH DOES A HOUSTON, TEXAS MOTORCYCLE ACCIDENT LAWYERS COST?
You pay nothing upfront. The law firm recovers a percentage of the financial award you receive. Typically, lawyers receive between 33% and 40% of the award.
The type of case, expected recovery, and attorney’s experience can all influence the percentage they’ll recover.
We understand that you’re faced with overwhelming financial costs right after a serious Houston motorcycle accident, which is why we work on contingency. On top of everything else, you don’t have to worry about the cost of a motorcycle lawyer nearby.
All expenses associated with filing your claim, investigating it, and litigating it are covered by us. In case we are successful in obtaining a settlement or winning a verdict at trial, we get paid. If we don’t win, you don’t pay anything.
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