Best Motorcycle Accident Lawyers in El Paso, TX

FAQs

• What is the non-emergency contact number for the local police station in El Paso, Texas?

  The non-emergency phone of El Paso Police Department is (915) 832-4400.

• Where can you get a copy of the police report for the accident in El Paso, Texas?

  The El Paso Police Department Records Division can provide you with a copy of your motorcycle accident police report by mail or in person at 911 N. Raynor St. All accident and crash report requests must be made in advance of a walk-in and must include the names of the persons involved and the date and location of the incident.

• What are the leading causes of motorcycle accidents in El Paso?

  The leading causes of motorcycle accidents in El Paso are the negligent actions by other drivers on the road, such as: speeding excessively, driving while distracted, failure of automobile drivers to notice motorcycles; carelessly opening car doors on the side of the road; cars making dangerous left turns in front of oncoming motorcycles.

• Can you still receive compensation if you are partially at fault in a motorcycle accident in El Paso?

  Texas follows modified comparative negligence rules, which means you can be compensated for your losses even if you were partly responsible for the accident. Take note of the following considerations:

  • Injured parties with no fault receive full compensation.
  • Victims with 1% to 50% fault receive a reduced compensation award.
  • Injured parties with over 50% at fault are not eligible for compensation.

• Does not wearing a helmet affect my El Paso motorcycle accident case?

  The damages you can receive in an El Paso personal injury lawsuit or out-of-court settlement will be reduced if you weren't wearing a helmet. All riders under 21 in Texas must wear helmets whenever they ride a motorcycle. However, riders over the age of 21 can legally ride without a helmet if they have proof of medical insurance coverage in the event of a motorcycle accident; and evidence of completion of an approved motorcycle operator training course.

• Who is responsible for a motorcycle accident in El Paso?

  Depending on the specifics of the incident, various parties may be at fault in a motorcycle accident in El Paso, including drivers of automobiles or trucks; the company that employs involved drivers; a motorcycle driver, when being sued by a passenger; and federal, state, or local governments.

• How do you prove negligence in an El Paso motorcycle accident?

  There are four principal elements to prove negligence in an El Paso motorcycle accident:

  1. The defendant owed you a duty of reasonable care.
  2. The defendant failed to fulfill their duty of care.
  3. The defendant's breach of duty caused your injuries.
  4. As a result of the accident, you sustained losses.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.