FAQs: Texas Motorcycle Accident Lawyer

Q: What steps should I take after I have been in an accident on my motorcycle?

A: As in any accident, you should not sign anything with yours or the other driver’s insurance company and you should not admit any fault in order to preserve your rights if you decide to file a claim. You should take pictures of your motorcycle and the damage as soon as possible after the accident. It would be very beneficial to have accident scene photos if you have a camera with you at the time. If you have injuries and have sought medical attention, you should also take pictures of your injuries. Always keep copies of any receipts, medical records or bills, and document any other accident related expenses.

Q: Who is at fault if a car turned left in front of me as I was riding my motorcycle and caused a collision?

A: Whenever a car makes a left turn and causes a collision with another vehicle heading straight in the opposite direction, the car that made the left turn is usually found to be at fault. The few possible exclusions to this generality are if the "right-of-way" vehicle going straight was speeding or went through a red light.

Q: Will my financial recovery from my motorcycle accident be limited if my health insurance covered some medical treatment for injuries resulting from the accident?

A: It is not relevant if your health insurance covered injuries from the accident or if you paid for the medical treatment on your own. Also, if you had vacation and sick pay that covered any of your lost time at work, that should also be reimbursed by the damages awarded you. Your health insurance provider may have the option of requesting reimbursement (from the damages awarded and settlement amount) for part of or all of the expenses it covered for your accident injuries.

Q: Will I still be able to recover damages if I was injured in a motorcycle accident even though I wasn't wearing a helmet?

A: If you were not at fault in the accident, you should be able to recover compensation for your injuries regardless of whether you were complying with a state mandatory helmet law or not. However, in some states, your failure to wear a helmet may affect the amount of damages you will recover if it added to your injuries.

Q: If I'm only a recreational motorcycle rider on the weekends, is wearing a helmet still required?

A: Each state has different laws in regards to motorcycle riders wearing a helmet. Some states require you wear a helmet no matter how much or little you ride. Some states have a conditional helmet law and some states have no helmet law at all. You can call your local Department of Motor Vehicles to find out what type of helmet law your state has in place.

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