Houston has some great routes for motorcycle riders to enjoy, the Sam Houston National Forest trail is a great example.
Riders can take in some fabulous scenery, tackle some curves in the road, and enjoy a sense of freedom you only get on a motorcycle.
However, regardless of whether you’re riding on a planned route or trying to navigate Bayou City’s notorious traffic, motorcycle accidents can occur and may result in significant injuries.
This is usually when you want to contact the motorcycle injury lawyers from The Doan Law Firm.
Even with guidance from an experienced motorcycle injury attorney, knowing when to settle your claim can be confusing. To help ensure that you receive fair compensation for your injuries, you should consider a few factors before settling your claim.
Who’s At Fault for the Accident
Texas is both an at-fault and modified comparative negligence state, which can affect your personal injury claim.
In an at-fault state, you file a claim with the at-fault driver’s insurance. So far, this seems pretty simple. A motor vehicle driver crashed into your motorcycle. This means you file a claim for damages with their insurance provider.
Don’t forget about modified comparative negligence. Texas follows this rule. To keep the definition simple, modified comparative negligence means more than one individual can be responsible for your motorcycle accident. If this applies to your accident, you can still file an injury claim. However, your settlement amount is reduced by the percentage of your blame.
Here’s a quick example: a motor vehicle driver runs a red light but you make an illegal turn on your motorcycle. The driver running the red light is assigned the majority of the blame, but your actions, you made an illegal turn, means you’re also at fault.
Your percentage of the blame is usually significantly less than the driver running the red light. So, let’s say you’re assigned 25% of the blame and your settlement is for $100,000. You receive $75,000.
Before accepting a settlement offer, it’s a good idea to ensure you’re not being assigned more than your fair share of any blame.
Calculating Your Total Medical Costs
Injuries resulting from motorcycle accidents tend to be severe. This doesn’t mean every motorcycle accident results in an ambulance ride to the hospital but the majority of injured riders do require immediate medical care.
An estimated 89.3% of motorcycle injuries require surgery and this can be expensive to deal with. Not only are you looking at surgery costs but you’re also facing potentially significant expenses relating to your aftercare. Some motorcycle injuries can take weeks, months, and even years to fully heal. Some riders never recover from their injuries.
These are costs you should include in your motorcycle injury claim. Since injuries are often serious, it can take a while to know the full extent of your damages. The at-fault party’s insurance adjuster will probably urge you to accept an early settlement, but this is often a mistake. You don’t want to accept a settlement amount only to find out you still have medical costs.
Your attorney can help you calculate your medical costs, including any ongoing or future treatment you may need, and this may include bringing in medical experts to help support your ongoing medical care claim. You may find yourself waiting a little longer to receive a settlement but it’s worth it when your claim covers all of your medical expenses.
Determining Your Lost Income
If your injuries are severe, you’re probably going to miss at least a few days of work. Some individuals are even unable to return to work after a motorcycle accident.
Regardless of whether it’s a few days, weeks, or years, your lost income is considered economic damage. This means it’s part of your motorcycle injury claim. Some motorcycle accident victims can eventually return to work but not in the same position. If your return to work means taking another job with a lower salary, you can still claim lost income.
To calculate your total lost wages, add your previous paycheck stubs. If you only miss a few days of work, you can claim around a week’s lost pay. If you’re out longer for recovery, add up the pay you received for the same amount of time you’re off the job.
Don’t Accept a Settlement Offer Before Consulting Your Attorney
Before you accept any settlement offer, regardless of how tempting the amount is, talk to your motorcycle accident attorney. Your attorney can help ensure you’re receiving fair compensation for all of your damages.
Don’t forget that once you accept a settlement offer from the insurance company, you can’t refile a claim even if your damages continue to increase.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.
