Motorcycle Accident Lawyer

Motorcyclists in Texas face several legal challenges when trying to recover compensation for accidents caused by negligent drivers. These challenges stem from various factors, including biases against motorcyclists, legal complexities, and the need for substantial evidence.

Here are some of the primary legal challenges:

• Bias and Prejudice Against Motorcyclists: Motorcyclists often face biases and prejudices that can impact their claims. Many people, including jurors and insurance adjusters, might perceive motorcyclists as reckless or inherently riskier drivers. This bias can influence the assessment of fault and the amount of compensation awarded.
• Proving Negligence: To recover compensation, motorcyclists must prove that the other driver was negligent. This involves demonstrating that the driver breached their duty of care and that this breach directly caused the accident and resulting injuries. Gathering sufficient evidence to prove negligence can be challenging, especially if there are no witnesses or clear evidence from the accident scene.
• Comparative Fault: Texas follows a modified comparative fault rule, meaning that a motorcyclist’s compensation can be reduced by their percentage of fault in the accident. If the motorcyclist is found to be more than 50% at fault, they cannot recover any compensation. Defense attorneys and insurance companies may aggressively argue that the motorcyclist shares significant fault, even if this is not the case.
• Severity of Injuries: Motorcyclists often suffer severe injuries in accidents, leading to high medical expenses and long recovery periods. Proving the extent of these injuries and their impact on the motorcyclist’s life can be complex. It requires comprehensive medical documentation and expert testimony to accurately assess future medical costs and the long-term effects on the victim’s quality of life.
• Insurance Company Tactics: Insurance companies may employ various tactics to minimize payouts, such as disputing the severity of injuries, arguing pre-existing conditions, or offering quick settlements that are far below the actual value of the claim. Motorcyclists must be cautious and often need legal representation to navigate these tactics effectively.
• Gathering Evidence: Collecting evidence after a motorcycle accident can be more challenging than for car accidents. Motorcycles are smaller, and accidents often occur quickly, making it harder to gather witness statements or obtain clear photographic evidence. Motorcyclists must rely on accident reconstruction experts, traffic camera footage, and detailed investigation to build a strong case.
• Dealing with Medical Expenses: Motorcyclists may face significant medical bills and financial strain immediately after an accident. The process of recovering compensation can be lengthy, and in the interim, victims must manage their medical expenses, which can add stress and complicate their legal efforts.

Motorcyclists need experienced legal representation to navigate the complexities of personal injury law in Texas. Finding a skilled attorney who understands the specific challenges faced by motorcyclists can be crucial for successfully recovering fair compensation.

The whole purpose of purchasing motorcycle insurance is to protect yourself in the event of an accident or injury. Unfortunately, insurance companies often fail to protect their policyholders when accidents happen.

All too often, the insurance adjuster will do everything possible to dispute or even deny your claim. They may argue that you were partly or even entirely at fault; they may question the validity of your injuries or assert that you have a preexisting condition that disqualifies you from receiving compensation.

If you try to fight back against the insurance company on your own, you may find yourself accepting a settlement for far less than you deserve, simply to avoid having to deal with the adjuster. After all, receiving some compensation seems better than receiving none.

However, at The Law Offices of Omar Khawaja, PLLC, we strongly encourage you to avoid accepting any settlement offer before speaking to an attorney. In fact, you should avoid speaking to the other driver’s insurance company at all, and you should never sign anything provided to you, including releases. Once you have signed a full release, you forfeit your right to seek any further compensation, even if your injuries end up being more serious than you originally realized.

When you trust your case to an attorney at our firm, we will immediately help you by:

• Handling all communication with the insurance company on your behalf
• Investigating the cause of the accident and who is liable
• Evaluating your financial and non-economic losses, or “damages”
• Putting together evidence and building a solid case on your behalf
• Negotiating with the insurance company for a fair settlement
• Litigating your case and representing you at trial, if necessary

While we are aggressive when it comes to fighting for the fair compensation you are owed, we make it a priority to provide our clients with highly personalized and compassionate service. We know that this is an incredibly difficult time in your life, which is why we take the time to truly get to know you, listen to your story, and learn how we can help you achieve your legal goals. We will be there to answer your questions and address any concerns you may have.

According to the National Highway Traffic Safety Administration (NHTSA), nationwide data from 2020 found that motorcyclists are approximately 28% more likely to die in traffic accidents than occupants of passenger vehicles.

In Texas, this trend holds. The Texas Department of Transportation (TxDOT) found that, in 2020, of the 3,896 total traffic fatalities on Texas roadways, 482 were motorcycle operators or passengers.

Like other types of car accidents, motorcycle accidents are most often caused by negligence. Although there is a common misconception that motorcyclists are more likely to cause crashes with other vehicles, we at The Law Offices of Omar Khawaja, PLLC know that this is simply not true.

We recognize that most motorcyclists are highly skilled, defense drivers who understand the importance of safely navigating our highways and roads. Sadly, however, even the most skilled driver cannot always predict or avoid an accident. All too often, motorcycle collisions result from the carelessness or recklessness of other motorists.

Some examples include other motorists who:

• Text or use cellphones while driving
• Drive while distracted (by phones or otherwise)
• Engage in aggressive or reckless driving behaviors
• Speed, including driving at excessive speeds
• Run red lights or stop signs
• Fail to check for motorcyclists in blind spots
• Violate various traffic laws or rules of the road
• Make unsafe left- or righthand turns
• Change lanes or pass unlawfully
• Fail to yield the right of way to motorcyclists
• Drive under the influence of alcohol or drugs
• Drive while fatigued, which can be as dangerous as driving drunk

Sometimes, other factors outside of either drivers’ control may contribute to or cause a motorcycle crash. Examples include poorly maintained or designed roadways, road defects, vehicle defects, inclement weather, hazards on the road, and more.

Regardless of the cause of the accident, our firm can help you evaluate your options and determine whether you are eligible for compensation. If another party was at least 50% to blame, you are entitled to a fair settlement and, if the insurance company disputes or denies your claim, you may be able to pursue your case in civil court.

We encourage you to reach out to our Houston motorcycle accident lawyers at The Law Offices of Omar Khawaja, PLLC, who can help you with every aspect of your case and protect your right to maximum compensation.

Wearing a helmet may save your life, but it does not make you immune to bodily harm or death. Due to the extremely devastating nature of these accidents, it is not unusual for motorcycle accident victims to require extensive medical attention, including long-term treatment or even lifelong care.

The cost of treating these injuries—both in terms of medical expenses and indirect costs, such as lost income from time taken off work and the emotional cost of navigating a new disability—is immense.

The Law Offices of Omar Khawaja, PLLC can help you go after compensation for damages related to all types of common motorcycle accident injuries, including:

• Bone fractures
• Head and neck injuries
• Traumatic brain injuries
• Spinal cord injuries
• Paralysis
• Road rash and burns
• Amputation
• Internal injuries
• Soft tissue damage
• Disfigurement

The events that caused your motorcycle accident or loved one’s death should have NEVER happened. If the liable parties had acted carefully, then most likely, the events would not have unfolded as they did.

At The Law Offices of Omar Khawaja, PLLC, we strongly believe that you and your family deserve justice—and we are here to help.

Because motorcycle accidents tend to result in such devastating injuries, victims often sustain considerable economic and non-economic losses. Collectively, these losses are known as “damages.”

We help injured motorcycle accident victims fight for fair compensation for all of their damages, including:

• Medical expenses
• Future medical care costs
• Lost income, wages, and benefits
• Loss of earning capacity
• Loss of future earnings
• Physical and mental pain and suffering
• Lost enjoyment/quality of life

When someone passes away due to a fatal motorcycle accident, we can help surviving family members seek compensation for:

• Medical bills associated with the deceased’s final care
• Funeral and/or burial expenses
• Loss of companionship, care, comfort, counsel, guidance, and love
• Lost income, including income the deceased would have likely earned
• Lost inheritance

Depending on the specific details of your case, you may also be entitled to punitive damages. These damages are meant to punish defendants for gross negligence or wanton/willful misconduct, rather than to compensate victims for specific losses.

The Law Offices of Omar Khawaja, PLLC is prepared to evaluate your case and determine which types of damages you may be entitled to receive, as well as the overall potential value of your case. Our Houston motorcycle accident attorneys have extensive experience navigating these types of cases and can help you seek the maximum compensation you are owed.

What should I do immediately after a motorcycle accident?

After a motorcycle accident, it is important to prioritize your safety and well-being. Seek medical attention for any injuries, even if they seem minor. Contact the authorities to report the accident and obtain an official police report. Collect evidence at the scene, such as photographs and witness statements. Exchange contact and insurance information with the other parties involved.

It is also advisable to consult with a motorcycle accident attorney to understand your rights and explore your legal options.

Do I have to wear a motorcycle helmet in Texas?

Motorcycle helmets are an important part of protecting you while you ride your motorcycle. They can protect you from serious, or even fatal, injuries. However, wearing one is a personal decision as long as you comply with state laws.

In Texas, you must wear a helmet if you are under the age of 21. You don’t have to wear a helmet if you are:

• Over the age of 21
• Have completed an approved motorcycle operator training course
• Have medical coverage covering injuries from a motorcycle accident

How long do I have to file a claim in Texas?

In Houston, TX, the statute of limitations for filing a motorcycle accident claim is generally two years from the date of the accident. However, it is recommended to consult with a motorcycle accident attorney as soon as possible to ensure compliance with all applicable deadlines and to gather the necessary evidence to support your claim.

Can I still pursue a claim if I was partially at fault?

Yes, you may still be able to pursue a motorcycle accident claim even if you were partially at fault. Texas follows a modified comparative negligence rule, which means that your compensation may be reduced by the percentage of fault attributed to you.

As long as you are less than 51% at fault, you can still seek compensation for your damages. Consulting with a motorcycle accident attorney can help you assess your case and determine the best course of action.

How much does it cost to hire a motorcycle accident attorney?

Many motorcycle accident attorneys work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. The attorney’s fee is typically a percentage of the amount recovered. This arrangement allows individuals to access legal representation without upfront costs. It is advisable to discuss the fee structure with the attorney during your initial consultation.

When the insurance company fights your claim, you can count on The Law Offices of Omar Khawaja, PLLC to stand up for you and your rights. We understand the many unique challenges injured motorcyclists face—and we know how to help you overcome these challenges. Led by founding attorney, Omar Khawaja, our legal team provides aggressive representation and compassionate, empathetic counsel to each and every client.

We offer all our legal services on a contingency fee basis. This means that you do not pay any upfront or out-of-pocket expenses when you hire our firm. Instead, we only collect attorney fees and litigation-related costs if/when we win your case. Once we have secured a settlement or verdict on your behalf, our attorney fees and other related expenses are paid via a percentage of this award.