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South Texas
Bellaire Motorcycle Accident Lawyer

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The Gutierrez Law Firm helps injury victims in Bellaire motorcycle accidents. Motorcycle accidents can have many causes, but they all bring serious consequences for riders. If you’re hurt in one, you have legal options for support. Contact us today to set up a free consultation to talk about these options.

Should You Hire Our Lawyers?

Being in a motorcycle accident is certainly not ideal, but is an unfortunate part of riding throughout Bellaire. Whether you’ll need our lawyers largely depends on the seriousness of your injuries. In cases of minor accidents, you probably don’t need to take legal action–even though you still have the right to.

As you’re probably aware, though, motorcycle accidents often lead to significant injuries. The more injured you are, the more our team can help you. Here’s how we approach a motorcycle accident case:

  • Investigation – Our first step is to put in a thorough investigation of the accident to determine liability and potential sources of financial support.
  • Evidence gathering – Next, we help you with gathering and analyzing evidence to support your case.
  • Communication – We manage all legal correspondence to prevent any statements that could compromise your claim.
  • Negotiation – Our team has a wealth of experience in negotiating with insurance companies to get a fair settlement offer for you.
  • Litigation – If a fair offer isn’t reached, we’ll prepare for litigation within the court system.

More than anything else, we want to make the legal process easier for you and your family. A motorcycle accident brings a number of challenges, but with our team on your side, some of that burden is taken off of your shoulders.

How Can I Strengthen My Motorcycle Accident Claim?

For all of its thrills and excitement, riding a motorcycle comes with its share of risks. None are bigger than being in an accident, but this means being prepared should one happen. Part of that preparation is understanding how you can strengthen your potential claim for damages. Here’s how:

  • Get medical attention – First things first, call 911 for an ambulance if you’re hurt. Then, get checked out by EMTs at the scene. Even if you don’t feel hurt, it’s smart to see a doctor since some injuries might not be obvious right away. You can do that once everything at the scene is taken care of.
  • Call the police – Once you’re safe, let the Bellaire police know about the accident. They’ll come and handle things.
  • Share information – Exchange your details with the other person involved, like names, phone numbers, insurance, and vehicle information. Also, if there are any witnesses, get their contact information.
  • Document the scene – Take photos of the accident scene with your phone if it still works. This means taking pictures or video of the cars, motorcycle, and any injuries you have. These can be really useful to show what happened.
  • Tell your insurance – Tell your insurance company about the accident as soon as you can. Give them the facts so they can start working on your claim.
  • Keep evidence – Hang onto anything related to the accident, like medical bills, repair receipts, emails from your insurance, and letters. This stuff will help show what you lost. And don’t fix your bike or other damaged property just yet.
  • Watch what you say – Try not to talk too much to the other person’s insurance. If you do talk, keep it simple. You should also stay away from posting about the accident on social media.
  • Stick to your treatment plan – Do what your doctor says and keep going to your appointments to get better.

Remember, these steps are in your best interest. Even with the law on your side, you still have to show the extent of just how the accident has hurt you. We can help you with that, but you also should be aware of how the process works.

Who’s Responsible for a Bellaire Motorcycle Accident?

Another thing that makes motorcycle accidents unique is that they have a variety of different causes, and potentially many different people can be responsible for an accident. Most of the time, responsibility–or legal liability–has a lot to do with what actually happened. So, it’s important to first look at the common causes of a typical motorcycle accident:

  • Failure to yield – Failure to yield to motorcyclists is one of the most common causes of accidents.
  • Reckless driving – Tailgating, weaving through traffic, or ignoring signals endanger motorcyclists.
  • Driving while intoxicated – Driving under the influence of alcohol or drugs is a major cause of motorcycle accidents, resulting in severe injuries or fatalities.
  • Speeding – When drivers speed or drive too fast for the road conditions, it can cause accidents, especially if they’re unable to stop in time.
  • Distractions – Drivers distracted by phones, GPS, or passengers may not notice motorcyclists on the road.
  • Illegal turns – Collisions occur when vehicles turn left in front of motorcycles, misjudging their speed or presence.
  • Defective parts – Defective parts like brakes or tires sometimes fail and can lead to accidents.
  • Dooring – Drivers or passengers opening car doors without looking can collide with motorcycles or force them into traffic.
  • Low visibility conditions – Motorcycles are harder to see, particularly in busy traffic or bad weather conditions.

Legal liability

Determining legal liability hinges on proving negligence, which involves demonstrating that someone else’s actions led to the accident resulting in your injuries. In a typical motorcycle accident, this could fall on any or multiple of the following:

  • Drivers of vehicles
  • Government agencies
  • Companies that made vehicle parts
  • Construction companies or workers
  • Employers, if the driver was on the clock or using a company vehicle
  • Passengers or people walking
  • Other motorcycle or bicycle riders

Additionally, regarding liability, it’s crucial to note that you might also be partly responsible for the accident if you were speeding or engaging in risky behaviors like lane splitting. Under Texas’ comparative negligence statute, if you’re more than 50% at fault, you may not even be able to file a claim for damages. Don’t worry, though, our team will make sure you have a strong claim for damages.

Claims Process After a Motorcycle Accident

When it comes to motorcycle accident claims in Bellaire, they share similarities with other types of accident injury claims. There’s damages available under Texas law, and in order to get these damages, you can either:

  • File an insurance claim
  • File a personal injury lawsuit

Both options look very similar, with the major difference being that a lawsuit is much more formal, taking place inside the court system and overseen by a judge. The insurance process, on the other hand, is outside of court and much less formal.

Regardless of the option you choose, you can potentially recover the following damages if your claim is successful:

  • Medical treatment expenses
  • Costs related to ongoing care
  • Lost wages or earning potential
  • Repair/replacement costs for your property that’s damaged
  • Support for pain and suffering and emotional distress
  • Damages for loss of enjoyment of life or companionship
  • Wrongful death expenses in a fatal accident

You have to meet Texas’ statute of limitations in order to be able to get these damages, which means filing your claim within two years of the date of the accident. With that hurdle cleared, though, you can focus on recovery. Our team will be with you every step of the way through this process.

Frequently Asked Questions

Do I have to call the Bellaire police after a motorcycle accident?

Yes. Texas law requires that you call the police after any auto accident, including a motorcycle. Aside from that, you should always call the police after any accident so they can respond to the scene and help you gather important information.

Can I be at-fault for my motorcycle accident?

Sometimes, depending on the circumstances. If you were doing things like speeding or riding in between lanes (lane-splitting), it could be seen as causing the accident. If you’re found to be more than 50% at-fault for the accident, you won’t be able to file a claim for damages.

How much does it cost to hire our lawyers?

We work on a contingency-fee basis, which means there’s no upfront cost to working with us. Instead, we take our fee from whatever result we get for you.

Contact The Gutierrez Law Firm After a Bellaire Motorcycle Accident

When you find yourself in a Bellaire motorcycle accident, you probably have a lot of questions. At The Gutierrez Law Firm, our experienced Bellaire motorcycle accident lawyers will be there to answer those questions. We’ll explain your legal rights and how the process will likely play out. Don’t hesitate–contact us today to set up a free consultation.