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Motorcycle accidents can be devastating and expensive for victims in Lewisville. Fortunately, our team can help you start a lawsuit without upfront fees.
You should never think that you cannot afford legal help. Our lawyers work on a contingency fee basis, so you pay nothing if we do not win your case. Thus, you should contact us today if you were injured while riding. With our experience and support, you can ensure that negative biases against motorcyclists do not affect your settlement. However, your compensation could be lower if you contributed to the accident or your injury’s severity. Riding without a helmet is legal in Lewisville, but it can seriously cost you in a claim, so be sure to ride as safely as possible.
For your free case review with our motorcycle accident attorneys, contact The Queenan Law Firm, P.C. today at (817) 476-1797.
How Much it Costs to Hire a Motorcycle Accident Lawyer in Lewisville, TX
Many motorcycle accident victims worry that hiring a law firm will be more than they can afford, and even if they can, it might drain the compensation they need for recovery. Fortunately, you will not pay for our motorcycle accident attorneys’ services if we do not recover damages in your case. Our firm uses contingency fees to pay for clients’ cases.
This means our lawyers will be paid a percentage of the winnings in your case. However, the fee is “contingent” on us recovering your losses. If we cannot win your claim, you pay nothing.
Further, you will not need to pay any fees upfront. The contingency fee structure is designed so that costs for filing your complaint, investigating the accident, and having expert witnesses are covered. The fee will be taken as a flat percentage from the final settlement or award you receive, which is usually between 30% and 40%. This allows you to focus on your recovery while our lawyers handle the legal issue.
Do not let your financial situation stop you from getting justice. Our team can get your case started immediately without any payment on your part.
Fighting Stereotypes in Lewisville, TX Motorcycle Accident Lawsuits
Most riders are aware of or have faced negative stereotypes about motorcycles. There tends to be an unfair perception that motorcyclists are more dangerous or reckless on the road. Our attorneys know that nothing could be further from the truth. Riders take their safety very seriously, often exercising much more caution than other drivers on the road. Unfortunately, this will not stop insurance companies and defense attorneys from exploiting these stereotypes in your case.
Our team’s job is to make sure that your case is decided on its merits, not on emotional feelings about your hobby. We will use evidence to show how the other driver caused your injuries so the court does not misinterpret the events leading up to the accident. Otherwise, the defense might use the judge’s and jury’s feelings about motorcycles to shift the blame to you.
Painting you as a thrill-seeking rider can seriously impact the final amount of compensation you receive. This is because courts use the rule of “proportionate responsibility” to determine fault between the plaintiff and defendant. Under Tex. Civ. Prac & Rem. Code § 33.012, the court will reduce the amount of compensation you receive by the percentage of responsibility you are found to have contributed to the accident. However, Under Tex. Civ. Prac & Rem. Code § 33.001 holds that you cannot recover any damages if your percentage of responsibility is more than 50%.
For instance, if you recover $50,000 for your injuries but found 10% at fault, your net recovery would be $45,000. But if you are found more at fault for the accident than the defendant, you will barred from recovery, regardless of the amount. By working with our lawyers, you can push back against these unfair perceptions of motorcyclists and collect all the compensation you are entitled to.
Will Not Wearing a Helmet Impact My Motorcycle Accident Lawsuit in Lewisville, TX?
In Lewisville, you cannot be pulled over or ticketed for not wearing a helmet, as Texas is one of the few states where helmets are not mandatory. According to Tex. Civ. Prac & Rem. Code § 661.003(c), riders over 21 years old who have health insurance covering injuries from collisions and have completed a motorcycle operator safety training course are not legally required to wear a helmet. Although you cannot be criminally punished for not wearing a helmet, it can still play a decisive role in your case.
Most motorcycle accident cases are settled with insurance companies before going to trial. In addition, motorcycle accident victims often have serious and expensive injuries to compensate for since a bike offers little protection. The insurance company can and will use the fact that you chose not to wear a helmet against you. Just because you are legally allowed to ride without one does not mean it cannot be considered when determining who is at fault for the extent of your injuries.
For instance, if you suffered severe head injuries that a helmet arguably would have prevented or lessened, the other driver’s insurance company will use this to negotiate a lower settlement amount. Studies show that helmets are 67% effective in protecting against brain injuries, and riders not wearing a helmet are three times more likely to sustain brain trauma than those who do wear one. This is a persuasive argument and one the court can consider when deciding your case, which is why our team encourages you to always wear a helmet when riding.
Updated Lane Splitting Laws that Could Affect Your Lewisville Motorcycle Accident Claim
Some riders in Lewisville might not yet be aware of this, but the once legal practice of “lane splitting” is now illegal throughout Texas. Lane splitting occurs when a motorcycle cuts between two cars ahead of them instead of waiting to pass. According to HB-4122, which went into effect on September 1, 2023, motorcycles cannot pass another vehicle using the same lane as the vehicle being passed. This means if two cars are ahead of you on a two-lane road, you will need to wait for your moment. Otherwise, you can now be pulled over and ticked by the police.
If your accident occurred while you were attempting to lane split, ignorance of the law will not help fight accusations of proportionate negligence. Lane splitting has also been risky behavior, even before the new law, which is why the defendant often uses it to negotiate a lower amount of money they need to pay. However, being injured while lane splitting will not prevent you from pursuing a claim. Our lawyers will gather evidence to show that the other driver’s negligence outweighed your own.
Our Lewisville, TX Motorcycle Accident Lawyers Will Fight for the Justice You Deserve
Call The Queenan Law Firm, P.C. at (817) 476-1797 to speak with our motorcycle accident lawyers and get your case evaluated free of charge.