Best Motorcycle Accident Lawyers Dallas, TX Of 2024 – Forbes

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Although cars and motorcycles share many of the same rules of the road, motorcycles also have special laws and regulations. Here are some things to be aware of if you’ve been in a motorcycle accident.

Texas Statute of Limitations

The statute of limitations is how long after an accident someone can bring a lawsuit. In Texas, it’s two years for personal injury cases. This means, if you’ve been in a motorcycle accident, you have two years from the date of the accident to begin a lawsuit against the person or company who injured you.

Texas Laws for Motorcycle Drivers

  • Texas motorcycle drivers must be licensed. All drivers must pass a motorcycle operator training course approved by the Texas Department of Licensing and Regulation (TDLR). There is also a skills test, but this may be waived upon completion of a course.
  • Helmet requirements in Texas. Helmets are required for all drivers and passengers under the age of 21. Helmet use is optional over the age of 21 if the rider:

– has completed a TDLR-approved motorcycle operator training course, OR

– has insurance coverage for motorcycle accidents.

  • Passenger requirements. Motorcycles must have a permanent seat, passenger footrests and passenger handholds for passengers to be permitted.
  • Headlights. Motorcycles manufactured after 1975 are required to have their headlight on while in operation.
  • Lane splitting is not allowed. There are places in the United States where motorcyclists can drive between two lanes of traffic, but not in Texas.

Identifying Fault for a Motorcycle Crash

Texas is a modified comparative negligence state. Each party can be assigned a portion of the fault, and the amount of damages they can recover is reduced by their amount of fault.

For example, motorcyclists need to be aware of commercial vehicles’ blind spots. If an accident happens when a motorcyclist was riding in a blind spot, they could be assigned a portion of the blame if the truck hit them. In this situation, a court may assign 25% of the blame to the motorcyclist. If the motorcyclists’ damages were $40,000, they would be eligible to receive a maximum of $30,000, or 75% of their damages.

If someone is more than 50% responsible for an accident, however, they cannot collect any damages.

How Can an Attorney Help You?

Sometimes people think that they don’t need an attorney, but it’s in their best interest to at least consider whether an attorney can help with their case.

  • Your attorney can help with your insurance settlement. If you’re working with an insurance company (either your own or the other driver’s), you may be offered a settlement. You’re not required to accept the insurance company’s first offer. In fact, an attorney can often negotiate a higher settlement amount without even needing to take the case to court.
  • Your attorney can help with the mountain of paperwork required. Bringing a lawsuit requires a tremendous amount of paperwork, much of which is written in legalese and difficult for non-lawyers to understand. Your attorney can handle much of this paperwork for you, and explain it to you in plain English.
  • Your attorney can represent you if you need to go to court. Sometimes it’s necessary to take a case to court in order to resolve it. An attorney will understand the requirements and nuances of the courtroom. You may not even be required to go to court in person.

Sometimes, people worry about the cost of hiring a motorcycle accident attorney. Luckily, almost all personal injury attorneys work on a contingency basis, meaning that they only get paid if you win your case. If you win, they’ll be entitled to a portion of your winnings. If you lose, you won’t be out any money.

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