Motorcycle Injuries

Motorcycle cases present unique issues in the law, and our experience might help you get the best recovery. Even though helmets are not required in some states, insurance companies will try to blame the motorcycle driver for not wearing a helmet. Other drivers often fail to yield to motorcycles, and insurance companies try to blame the motorcycle driver for being difficult to see. Based on a review of the physical evidence, many times our expert witnesses can help establish that our client was operating legally at the time they were injured.

An unfortunate and illegal practice in personal injury law is known as barratry, or more commonly referred to as ambulance chasing or case running. Lawyers and people who work for lawyers are prohibited from making unsolicited contact with potential clients in the form of in-person visits or telephone calls. Often times after a highly publicized accident where a potentially valuable claim exists, unethical lawyers will—either themselves or through someone they hire—attempt to contact the claimants or meet them at their homes or hospital rooms. Sometimes they pose as grief counselors, funeral home staff, or even healthcare providers like nurses.

Know that you have the right to refuse to talk to these people, and if possible, you should report them to the local authorities.

For more information about barratry, click here.

Our firm has recovered millions of dollars for clients injured while driving motorcycles. Motorcycle cases present unique issues in the law and our experience can help you get the best recovery. Even though helmets are not required under Texas law, insurance companies will try to blame the motorcycle driver for not wearing a helmet. Other drivers often fail to yield to motorcycles and insurance companies try to blame the motorcycle driver for being difficult to see. Based on a review of the physical evidence, many times our expert witnesses can help establish that our client was operating legally at the time they were injured.

Assuming that the drunk driver is covered by liability insurance, you have a very good claim against the drunk driver and his insurance company because under the law in Texas an accident victim is able to recover punitive damages from the drunk driver and his insurance company. It is for this reason that accidents with drunk drivers are can be very valuable claims.

Potential defendants are usually covered by insurance. The insurance companies are notified immediately when an accident occurs, and they usually hire attorneys and expert witnesses to investigate the claim. It is important that witnesses be interviewed as soon as possible and evidence be preserved. Witnesses will often be more difficult to locate or will have a poor memory if they are interviewed much later after the accident has occurred. Evidence such as machinery parts or skid marks on the highway will disappear unless preserved quickly. Insurance companies have insurance adjusters who will contact you and try to be friendly. You should not trust the statements that insurance adjusters make to you. They are not working for you and will sometimes make misleading statements in an effort to trick you into resolving your case. Insurance adjusters also might record your conversations with them and use your statements against you in order to try to save money for the insurance companies.

The main thing we try to impress upon people is that it’s never too early to talk to an attorney, and it’s always too late. By that we mean that speaking with an attorney very soon after a crash or other accident in no way will harm you. Along the same lines, the longer you try to handle a claim on your own or delay hiring competent counsel, irreparable damage can be done in the form of recorded statements given to the insurance companies and evidence not being preserved. There is no risk or fee for speaking with an attorney and arranging an initial consultation.

An attorney who is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law must have handled jury trials dealing with matters such as vehicle accidents, workers’ compensation, premises liability, products liability, statutory tort claims, maritime accidents, or social security claims which involve a physical or mental injury to a person. The lawyer must also have extensive knowledge of the law of evidence, procedure, and other substantive law involved in the trial of Personal Injury Trial Law. In order to be certified , an attorney must have:

• Been licensed to practice law for at least five years;
• Devoted a required percentage of practice to personal injury trial law for at least three years;
• Handled a wide variety of personal injury trial law matters to demonstrate experience and involvement;
• Attended personal injury trial law continuing education seminars regularly to keep legal training up to date;
• Been evaluated by fellow lawyers and judges; and
• Passed a day-long written examination.

Kevin Glasheen is Board Certified in Personal Injury and Civil Trial Law.