Houston Motorcycle Accident Attorney
Chelsie King Garza is a motorcycle accident attorney in Houston with more than 20 years of experience representing the injured and their families. If you or someone you love was hurt in a motorbike wreck, call our law firm today to find out if you have a case.
There is no cost for the consultation, and Chelsie Garza works on a contingency fee basis, so no attorneys’ fees are charged unless you win compensation. Call 713-893-8808 to set up an appointment and discuss your case.
A Motorcycle Accident Attorney Can Help You Avoid Mistakes
It may seem clear that the other party was at fault, but you’re not out of the woods just yet. Not only will you have to build a strong case against the liable motorist, but you will also need to be careful about what you say and do until your claim is resolved. One false move could sink your case, depriving you of the funds you need to get your life back on track.
When you hire motorcycle accident attorney Chelsie King Garza to oversee your case, you will have someone in your corner to help guide you through this challenging chapter of your life. She can explain your role at each step of proceedings, answer your claim-related questions, and advise you on how best to protect your case.
Let’s take a look at some of the most common errors claimants make during proceedings:
- Posting About the Accident Online: In the modern era, where a new conversation is always just a click away, discussing life’s ups and downs on social media has become as normal as picking up the phone. Understandably, in the wake of a serious wreck, you may want to reach out to friends and family online for emotional support and advice. However, the claims adjuster might be monitoring your online activity, so your next post could become a pivotal piece of evidence in their defense. For instance, your comments may contradict other evidence in your case, or pictures you took at the club could be used to show that you ignored your doctor’s instructions to rest. As such, you should deactivate your social media profiles until your claim is resolved.
- Providing a Recorded Statement: Once you’ve reported the motorcycle wreck to the insurance company, the claims adjuster may contact you for a recorded statement. While he or she may assure you that they “just want to hear your side of the story”, it’s not uncommon for insurers to use these interviews as an opportunity to dig up evidence that could be used to challenge your claim. As such, you should avoid corresponding with the insurer directly; instead, let your Houston motorcycle wreck lawyer oversee all dialogue from day one.
- Skipping Your Medical Assessment: In a motorcycle accident case, like any other personal injury case, you have a responsibility to take reasonable steps to mitigate further damages. For instance, you should never deviate from your doctor’s treatment plan or skip follow-ups, physical therapy sessions, or consultations. If it can be shown that any of your actions led to your condition worsening, you may be held liable for a portion of your damages. As such, it’s important to visit the doctor as soon as possible after an accident. Not only may it be easier for your attorney to tie your injuries to the wreck, but you might also avoid potential liability and damages disputes down the line.
- Rushing Into Settlement Talks: If you accept a settlement offer before you’ve reached maximum medical improvement, you may find yourself in a precarious financial position. It’s possible that you may have to undergo additional unanticipated procedures, take extra time off work, or spend thousands of dollars on home modifications to accommodate unexpected limitations stemming from your condition. As such, it may be in your best interests to wait until you’ve achieved maximum medical improvement before agreeing to an offer.
What Evidence Could Help Prove My Motorcycle Accident Claim?
If you were injured in a motorcycle accident, and you’re planning to take legal action against the negligent parties, you may be unsure of how to proceed with your claim. After all, this is likely the first time you’ve found yourself in this position. Ultimately, you want the assurance that you have a convincing case that won’t crumble under scrutiny. While a variety of factors can affect the outcome of your claim, if you want to secure a financial award, you will need to provide sufficient evidence of fault.
Let’s take a look at a few types of evidence that could play a role in proving your case:
- Photographs Taken at the Accident Scene: An accident reconstruction expert may be able to determine what happened in the moments preceding the wreck by assessing photographs taken at the scene. As such, if you were able to snap any pictures of property damage, road markings, injuries, and other aspects of the wreck, you should share these images with your attorney for review.
- Video Footage: Whether you invested in a high-tech helmet equipped with a camera or a nearby security camera captured footage of the accident, these videos could help you prove liability. It’s also possible that another motorist may have recorded the incident with their car’s dashcam.
- Eyewitness Deposition: If someone saw the accident take place, their statements could help corroborate your version of events. As such, if there were any eyewitnesses, you should take down their contact details to share with your attorney during the initial consultation.
- Official Police Report: If officers attended the scene, it’s likely that they drafted an official report on the incident. This document can include information about the parties involved, injuries, deaths, property damage, and their initial impressions regarding the cause of the accident.
- Toxicology Reports: If police officers suspected that the at-fault motorist was under the influence of alcohol or drugs, they may have ordered the driver to undergo chemical tests. As driving while intoxicated is a clear breach of the driver’s duty to ensure the safety of others on the road, the results of these tests could play a crucial role in proving fault.
- Medical Bills, Invoices, and Other Documentation: You will not only need to prove who is liable for your injuries, but also demonstrate the damages you suffered. Evidence such as your medical invoices, repair bills, receipts for home modifications, pay stubs showing lost wages, and other documents can help you prove the value of your losses.
Can I File a Motorcycle Accident Claim Even If I Wasn’t Wearing a Helmet?
Across the country, there are many states that require riders to wear a helmet when operating a motorcycle. However, Texas bucks the trend, allowing those over the age of 21—who have completed a safety course and have the correct coverage under their health insurance plan—hit the open road without protective headgear.
However, even if you meet these criteria, not wearing a helmet could still affect the outcome of your personal injury case. While it won’t prohibit you from filing a case, you will be far more likely to encounter disputes. For instance, the at-fault motorist may argue that your lack of protective headgear caused you to suffer injuries far more severe than had you donned a helmet. This could result in a reduced financial award, potentially depriving you and your family of thousands of dollars in compensation.
Not only can wearing a helmet increase your chances of success when filing a claim, protective headgear has also been shown to drastically reduce the odds of sustaining a serious head injury in a crash. According to the Centers for Disease Control and Prevention, protective headgear can reduce the risk of death by 37% and slash the chances of suffering a head injury by nearly 70%.
Speak with a Motorcycle Accident Attorney in Houston
If you or someone you love was hurt in a motorcycle crash in Texas, contact Chelsie King Garza. The consultation is free and no attorneys’ fees will be charged unless you win.