McAllen Motorcycle Accident Attorneys

If you’ve been injured in a motorcycle accident in McAllen, it’s crucial to have a local attorney who understands the unique challenges and legal landscape of the Rio Grande Valley. A local South Texas personal injury attorney has the advantage of being familiar with the roads, local laws, and court systems, which can be instrumental in building a strong case. They can also provide personalized attention and are readily available for face-to-face consultations. 

Texas Motorcycle Accident Statute of Limitations

In Texas, you have two years from the date of your motorcycle accident to bring your claim to civil court.

This is a hard deadline that you must abide by. If you are late, you will be barred from receiving compensation. We urge you to get to an attorney right away.

The sooner you start your case, the more time you have to build a strong case. We will do everything in our power to get you the best possible result and the sooner you can call us, the sooner we can protect your evidence, and talk to your witnesses.

Common Causes of Motorcycle Accidents in the Rio Grande Valley

Motorcycle accidents can happen for many reasons. One of the main reasons is the sheer amount of traffic in McAllen and the surrounding areas. The more vehicles on the road, the higher the likelihood of being involved in an accident. Some of the other most common causes of motorcycle accidents include:

• Distracted Drivers: Drivers who are text messaging, talking on their cell phone, eating, applying makeup, or otherwise not paying attention may not see a motorcyclist before striking them. 
• Big Rigs or 18-Wheelers: Motorcycles and passenger vehicles are at higher risk of a serious accident when hit by a big rig truck because of their size and blind spots.  
• Drunk or Impaired Drivers: One of the biggest problems for motorcyclists and for society at large is impaired drivers. Drivers who are under the influence of alcohol or drugs have delayed reaction times, which can be deadly when they strike a smaller vehicle.
• Road Rage: Road rage incidents can escalate to dangerous confrontations and car accidents. 
• Poor Road Conditions: Potholes, debris, and uneven surfaces can be particularly hazardous for motorcyclists, who have only two wheels in contact with the pavement.

Common Types of Motorcycle Accident Injuries

As motorcyclists are among the most vulnerable road users, when they are involved in an accident the consequences can be serious injuries. Some of the most common injuries include: 

• Road Rash: Skin abrasions caused by sliding on the pavement.
• Broken Bones: Fractures are common due to the impact with vehicles or the ground.
• Traumatic Brain Injuries (TBI): Even with a helmet, head injuries can cause long-term cognitive and physical impairments.
• Spinal Cord Injuries: Damage to the neck or spinal cord can cause paralysis or other permanent disabilities. 
• Fatal Injuries: Falling from a motorcycle or hitting a solid object at high speed can often cause fatal trauma to the brain, spinal cord, or internal organs.

What Is My Motorcycle Accident Case Worth in South Texas?

The value of your motorcycle accident claim will hinge on various factors. These can include your degree of injury, the amount of property damage you’ve suffered, and whether you’re still able to work. The compensation you receive for your claim can encompass:

• Medical Bills: This includes both current and future medical expenses related to the accident. 
• Lost Wages: You can recover lost pay for time missed from work, as well as loss of opportunity for future employment.
• Property Damage: This covers the cost of repairing or replacing your motorcycle and any other personal property damaged in the wreck (like your helmet, riding gear, or other belongings).
• Pain and Suffering: These damages compensate you for the physical and psychological trauma caused by the accident.

What If I Was Not Wearing a Helmet?

Motorcyclists over the age of 21 do not need to wear a helmet in Texas if they have (1) passed a motorcycle safety course or (2) received motorcycle insurance providing coverage for an accident in Texas.

On the other hand, not weari

ng a helmet can affect your claim. You’re likely to recover less money, especially for any head injuries, if you weren’t wearing a helmet at the time you were stru

ck. A seasoned attorney can help you navigate these issues so you don’t give up money you deserve. 

McAllen Motorcycle Accident Frequently Asked Questions

Is lane splitting legal in Texas?

No, lane splitting, or riding between lanes of traffic, is illegal in Texas. Motorcyclists must follow the same traffic laws as other vehicles.

What is comparative negligence in Texas and how will it affect my settlement?

Texas adheres to a modified comparative negligence rule. This means if you’re found to be partially responsible for the accident, your recovery will be reduced by your percentage of fault. For example, if you’re found to be 45% at fault and your total damages are $500,000, you’ll be able to recover only 55% (or $275,000) for your accident. And if you’re more than 50% liable for the accident, you can’t recover damages at all.

How long do I have to file a motorcycle accident claim?

In Texas, you have two years from when the accident occurred within which to file your personal injury claim. If you don’t file your claim within this period, you’re considered to have forfeited it.

Will I still recover damages if I am found to be negligent or partially at fault?

Yes, you can receive damages if you are negligent or partially at fault, provided you’re less than 50% at fault. 

What should I do after a motorcycle accident?

• Seek immediate medical attention.
• Report the accident to the police and obtain a copy of the report.
• Gather evidence at the scene, including photos and contact information of witnesses.

Contact an experienced motorcycle accident attorney in your area to learn about your rights and to start the process of filing a claim.

Important First Steps after Your Accident

At the scene of the accident, there are a few things you should do right away. First, if you’re not taken away on an ambulance, you should take photos of the area and your injuries.

This might include photos of both vehicles, tire marks on the road, and the debris left scattered around.

You will want to get all contact information from the witnesses of the accident as their testimony can be very helpful for you when you pursue your case.

You should also seek out the contact and insurance information from any and all vehicles involved in your accident. Do not leave the scene without this.

You may have the police arrive on the scene to get a full report of the accident. We can get a copy of this report later on to help us out with your case.

Lastly, never say to anyone that you are at fault for the accident. Avoid saying it was your fault because even if you think it was your fault in the moment, it might turn out to not be your fault at all.

If anyone has on record that you owned up to causing the accident, even if you really didn’t, then you could be hurting your case.

How is a motorcycle accident claim different than a car accident claim?

They are very different considering that you’re not going to have the typical protection in a motorcycle as you would in an automobile. The potential for a much more serious injury or death is much higher.

It’s also different in the sense that there are things that need to be examined on a motorcycle. For instance, the type of helmet or safety equipment that was used, or if there was an issue with the motorcycle. All of this can be handled by an experienced lawyer who regularly handles motorcycle accidents. If you have any questions or concerns, we’re here to help.

Do I have a claim if I was injured as a passenger in a motorcycle crash?

If you’re a passenger in a motorcycle, you still have a claim just as if you were the driver of the vehicle. In fact, you might even have a claim against the person who was driving, so you have double the ability to recover. You can have a claim against the person who hit you and a claim against your driver if they did anything incorrect. If you have any other questions, please feel free to contact us.

How long will my motorcycle accident case take?

A motorcycle accident case in the state of Texas generally will take anywhere from a year to 18 months to settle.

Again, it varies on how badly you were hurt and how quickly you heal. Also, is the insurance company going to be reasonable and compensate you fairly?

If they won’t compensate you fairly, then we have to file suit. If we file suit, then it’s dependent upon the court’s docket. In other words, how many cases are in front of us right now on the court’s calendar?

There are often cases that have been in existence on the court’s system for two years. If you have any questions with regards to the length of time it may take your case to resolve, please give us a call.

How much is my motorcycle accident claim worth?

When determining the value of your motorcycle accident claim, the first thing that you’re going to look at is the extent of the injuries.

Since you’re on a motorcycle and you don’t have the typical protections of being in a car, the chances are that the injuries are going to be significant.

• We need to determine what the full extent of the injuries are.
• The second thing that we’re going to look at is how and why did this motorcycle accident happen. Now, this is a complicated issue to look at.
• One of the things that we’re going to determine is if the motorcycle driver was wearing a helmet.
• Were they wearing gloves?
• Were they wearing a leather jacket that may have prevented their injuries?
• We also need to determine who the person was that hit them. Was it a car or a commercial truck?
• Should they have been able to see the motorcycle driver?
• Were their headlights on?
• Did the accident happen during the day or during the night?

You can see that this is a complex question. It’s important that you get somebody who’s experienced with motorcycle accidents to help determine this.

The last thing that’s going to go into the value of the case is the amount of insurance that the defendant has. If you have any questions whatsoever, we are here to help. Please call us.

Call Our McAllen Motorcycle Accident Attorneys Today

If you have been seriously hurt in a motorcycle accident, please do not hesitate to give our office a call to set up a free case evaluation with our skilled, experienced, and dedicated McAllen motorcycle accident attorneys.

You are our priority and we will treat you as such because you are not just a case number. Your injuries and damages are important to us. We are going to do everything we can to get you the best possible results. Please call us today and learn how we can help you.