If a motorcycle rider suffers personal injury in an accident due to someone else’s negligent behavior, they often wonder how they can recover financial compensation for their injuries. While filing an insurance claim is a natural assumption, pursuing a claim with an experienced San Antonio motorcycle accident attorney often results in a more satisfactory outcome for the victim. Read on for more information on what Texas motorcycle riders should know about personal injury litigation.
Insurance Claims versus Personal Injury Litigation
When a motorcycle rider is injured in an accident with another motor vehicle, the natural assumption is to file a claim with their insurance provider. However, insurance companies often apply a rigid formula to claims that may not account for the full scope of damages that the accident victim has incurred. This is why victims of motorcycle accidents often end up employing the services of an experienced local personal injury attorney to determine if additional and more substantial compensation is possible through the litigation process.
Negligence and Compensation Awards in Texas
When the victim of a motorcycle accident attempts to recover monetary compensation for their injuries, their personal injury attorney is tasked with proving to the court that the other party involved in the accident was behaving in a negligent manner and that this negligence caused the accident and subsequent injury. Proving negligence in a motorcycle accident lawsuit typically encompasses the following factors:
- A duty of care exists. The defendant should have acted in a way that limited the risk of personal injury to others. With respect to motor vehicle accidents, this duty of care is often perceived as following the universal rules of the road.
- A breach of duty occurred. The defendant breached this duty of care in some way. This is the negligent behavior that the plaintiff’s personal injury attorney is arguing caused the accident in question. Breaches of duty in personal injury cases involving motor vehicle crashes can include distracted or impaired driving, tailgating, or improper lane changes.
- Cause. The defendant’s breach of the duty of care was the cause of the injuries the plaintiff incurred as a result of the accident. The plaintiff must have demonstrated injuries that could have been avoided if the defendant had not breached their duty of care.
- Damages. The accident resulted in some quantifiable amount of damages. Medical bills, time lost from work, and pain and suffering are examples of damages that can be awarded by the court.
Professional Legal Counsel in San Antonio
If you have been injured in a motorcycle accident, do not hesitate to contact an experienced motorcycle accident attorney for help. An experienced attorney can help you recover compensation for your medical bills, lost wages, and pain and suffering.
For years, the attorneys at Eric Ramos Law, PLLC have been helping injured motorcycle riders in and around San Antonio as they pursue compensation for their injuries after an accident. Contact our San Antonio motorcycle accident lawyers today to schedule a free consultation.