Traveling on a motorcycle can be efficient and enjoyable. Unfortunately, it is also potentially dangerous. Hundreds of victims lose their lives or suffer catastrophic injuries while riding motorcycles in Texas each year. Sometimes drivers of larger vehicles flee the scene rather than stopping and making sure that an injured rider gets emergency care. If you were a victim of a hit and run motorcycle accident, you may have more options than you realize. You should consult Fort Worth motorcycle accident lawyer Bill Berenson.
In Texas, anybody involved in an accident that gives rise to injuries or property damage is not permitted to leave the scene without rendering aid to an injured person, waiting for the police officer to arrive if the police have been called, and exchanging driver’s license and insurance information. Leaving the scene of an accident that causes a serious injury or death is a felony that is punishable by up to 10 years in prison. If a driver leaves the scene of an accident that causes injuries that are not serious, they can be charged with a felony that is punishable by up to a year of imprisonment.
The police may conduct a thorough investigation of a hit and run motorcycle accident to track down a driver who fled the scene of a collision. If the police track down the hit and run driver, it may be possible to sue him or her for any damages that you suffered in the motorcycle accident. It can be difficult for drivers to notice and react to a motorcyclist on the road, but this does not excuse a driver of a larger vehicle for his or her negligence.
Motorcyclists must also abide by a duty to use reasonable care. Texas follows a modified rule of comparative fault. A motorcyclist’s damages may be reduced by their proportion of fault for their injuries. Sometimes a defendant or their insurer or attorney will argue that the motorcyclist was partially at fault. This makes it especially important to retain an attorney who can fight for the injured rider’s rights and rebut any unfounded allegations of comparative fault.
Special and general damages can be recovered for motorcycle accidents when a hit and run driver is identified and can be sued. Special damages can include economic losses, such as lost wages, medical bills, property damage, and disability. General damages are noneconomic, intangible damages, such as pain and suffering and emotional anguish.
Sometimes the police are not able to identify and apprehend a hit and run driver. In that case, you would need to turn to your own personal injury protection (PIP) coverage. In Texas, all insurers must offer $2,500 in PIP coverage. PIP coverage pays up to a certain limit for medical bills, plus 80% of lost wages and the cost of hiring someone to provide care. PIP coverage can provide benefits regardless of whether the driver or the motorcyclist was at fault. The only way to get more than what your PIP coverage offers is to bring a civil lawsuit against the at-fault driver.
Motorcycle accidents have the potential to cause serious harm to a rider. Even if a motorcyclist wears a helmet as well as leather clothes and boots, a collision at high speeds with a larger vehicle can result in permanent injuries and disabilities. If you were injured in a hit and run motorcycle accident in Fort Worth, you should explore all of your available options. Attorney Bill Berenson provides strong legal representation, fighting for victims against defendants and insurers. He also represents motorcycle accident victims in Dallas, Houston, Arlington, Addison, Irving, Richardson, San Antonio, Austin, Lubbock, Frisco, and other cities in Tarrant, Dallas, Harris, Bexar, Collin, Denton, Hood, Lubbock, Parker, and Travis Counties. Call us at 888-801-8585 or use our online form to set up a free consultation to discuss your next steps.
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The other party will either accept or reject the demand, or provide a counteroffer
If they refuse to pay what you deserve, we’ll go to court
Each party will compile and submit evidence to be used in the trial
Before trial, an informal proceeding will take place to see if both parties can come to an agreement
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While we are proud to call Fort Worth home, we are also more than happy to help injured people living all throughout Texas. Whether it's a car accident on the interstate or a backcountry road, we have years of experience and will fight tirelessly until our clients get what they deserve!