Have you or a loved one been injured or killed in a motorcycle accident?
If so, you aren’t alone. More than 5000 people are killed and 100,000 people are injured every year from motorcycle accidents. Motorcycle-related deaths have increased by 55% since 2000.
Motorcycle accidents can cause devastating and permanently life-altering injuries. Because motorcyclists have very little protection against much larger vehicles on the road, injuries can be quite substantial.
At Van Wey Law, we represent victims and their families who have been devastated by motorcycle accidents.
While nothing can compensate you for an injury, disability or death, we help families secure financial compensation and recover damages such as lost wages, medical bills, funeral costs, loss of companionship, ongoing care, and pain and suffering.
Our experience has taught us that motorcycle accidents are unique for two reasons.
First, injuries and deaths are many times blamed on the motorcyclist, though often this isn’t the case. Fighting the undeserved stereotype of the “reckless biker” is an important part of any motorcycle accident lawsuit, and our attorneys know exactly how to accomplish this.
Second, it’s a misconception that most motorcycle accidents happen on the highway. More than half of all motorcycle accidents happen at intersections because motorcycles are small and hard to see. Motorcyclists are often hit by cars turning left and mostly at night.
We treat each and every case with the utmost care, compassion, and respect. Our attorneys are available for a free consultation to review your potential case and help you prepare for legal action.
Do You Have Grounds for a Claim or Lawsuit for Your Motorcycle Accident Injuries?
It’s difficult to determine whether your case has grounds for a claim or lawsuit without speaking with you, so contact us for a free evaluation. We will work closely with you to determine the best approach. First, we have to ensure the following factors are true.
- There is evidence of serious injury or death – Bruises and other minor injuries generally don’t warrant legal action. If, however, medical records and witness testimony demonstrate a serious, life-altering injury, there may be grounds for a claim.
- There are substantial damages – A victim and his or her family who have suffered damages (or losses) such as hospital bills, lost wages, loss of future earnings, pain and suffering, loss of companionship, and funeral costs may be eligible to recover compensation.
- There is evidence of liability – An attorney must be able to demonstrate that another party was responsible for the damage. The lawyer must also be able to prove that the auto insurance company is liable for paying the damages.
When we accept your case, we handle all the details from start to finish—including investigating the case, collecting evidence, interviewing witnesses, collecting expert testimony, and handling all relevant paperwork. Contact us for more information.
Seeking Compensation for a Motorcycle Accident or Injury Will Cost You Nothing
Consultations with Van Wey Law are entirely free. If we mutually decide to pursue your claim or lawsuit, we will enter a “contingent fee agreement.” This agreement means we will not charge you an upfront retainer or hourly fee for legal work. We will also take care of all of the case’s expenses.
Instead, we take a contingent interest. This means we are only paid if you win and our fee is a percentage of your gross recovery. (We’ll discuss these details when you meet with us.)
You May be Able to Pursue a Wrongful Death Claim
When a motorcycle accident fatality occurs, family of the victim may be able to seek compensation for their loss in the form of a wrongful death lawsuit. This type of claim compensates the family for the deceased’s future earnings.
How Our Dallas Motorcycle Accident Lawyers Can Help
Motorcycle accidents have specific hurdles and nuances that many lawyers don’t know about unless they specialize in personal injury. A quality motorcycle accident attorney will access public cameras, visit the scene, talk to witnesses, and put together a solid explanation for what happened and why you are entitled to compensation.
Kay Van Wey understands the value of tenacity, hard work, and integrity. She brings this background and her work ethic to each and every motorcycle case.
- Kay Van Wey has been voted a Texas Super Lawyer for 15 years running (2003-2017). This is a prestigious honor bestowed upon her by her peers.
- She has even attained membership in the Million and Multi-Million Dollar Advocates Forum as a result of the success of past cases.
- She started out as a prosecutor in 1984 in her hometown in Oklahoma. Her experience helped develop her legal skills and prepared her for operating her own practice.
Furthermore, Kay’s team has considerable experience working with motorcycle accident cases. They can deftly assess each case to determine the responsible parties and financial liability.
If you have questions about your motorcycle accident or your injury, contact us today.
Frequently Asked Questions
Can I recover damages if the police don’t determine fault?
A jury may decide that your account of the events is more credible than the defendant. Furthermore, our investigation may expose new facts after the police have left.
Why are witnesses so important to my claim and/or lawsuit?
The at-fault party’s insurance company will attempt to deny liability, so it’s useful to have witnesses who can corroborate your story. Make sure to get their contact information at the scene.
What steps should I take after a motorcycle accident?
- Always call the police so they can take a full report.
- Stay at the scene if possible. Leave vehicles and debris where they are so police can examine the scene and photos can be taken. (Move only if you need medical care or the scene isn’t safe.)
- Collect the names and phone numbers of any witnesses.
- Avoid talking about your injuries to non-medical personnel.
- Take photos of the road conditions and the vehicles involved.
- Make note of anything the other driver says to you and to others at the scene.
- Do not speak with an insurance company until you have spoken to a motorcycle accident attorney. Insurance companies are rarely on your side. They want to find a way to pay as little as possible. They will take advantage of your ignorance.
What are the most common motorcycle accident injuries?
These are the most common injuries, but if yours aren’t on this list you still might be entitled to compensation. Consult with us to discuss your circumstances, your growing medical bills, and your potential case.
- Closed Head Injuries – These are head injuries without a visible wound. This includes subdural hematoma, brain stem injuries, traumatic brain injuries (TBI), and even brain death. Symptoms of closed head injuries may not occur immediately. This means these injuries are often misdiagnosed and/or treatment is delayed. Lack of immediate care can affect the injured party’s recovery.
- Orthopedic Injuries – Fractured or broken bones, torn tendons and ligaments, or strained muscles. Sometimes these injuries are mistaken for “soreness” after the accident, but they should be addressed immediately.
- Psychological Trauma – It’s not unusual for a motorcyclist to experience psychological, stress-related effects after the traumatic experience of an accident. Some are even diagnosed with Post-Traumatic Stress Disorder (PTSD). If you or your loved one is struggling to cope after their experience, their suffering should be treated and compensated.
- Spinal Injuries – This includes full or partial paralysis, nerve damage, difficulty breathing, chronic pain, impaired motor functions, headaches, and other types of physical and cognitive challenges. Therapy can be ongoing and exceptionally expensive.
Can I recover damages for past or future wages I have lost due to motorcycle accident injuries?
Yes, you are entitled to compensation for any and all lost wages. We will help you establish your total loss (from past and future).
What is a liability claim? What is a lawsuit?
A claim is a grievance filed with the at-fault party’s insurance company. If they refuse to pay, the next course of action is a lawsuit in court.
Should I take my motorcycle to the body shop the other driver’s insurance company recommends?
No. That shop is recommended because they have an arrangement with the insurance company. They may use sub-standard parts so they can charge the insurance company less. Take your bike to a qualified service facility of your preference.
Will I be compensated for my motorcycle if it was totaled?
You can recover the value of damages to your motorcycle. If your bike was a complete loss (meaning the cost to repair is more than its value), you can recover the vehicle’s fair market value.
What are the most common causes of motorcycle accidents?
- Weather conditions
- Vehicle defects
- Debris on the road
- Poorly maintained roads
- Lane splitting (not illegal in Texas, but highly dangerous)
- Distracted drivers (texting or other activity that diverts attention from the road)
- Lane changes by drivers who fail to see the motorcyclist or who fail to use their turn signal.
- Illegal maneuvers by other drivers
Of course, there many other causes of motorcycle accidents that could entitle you to compensation. Contact us no matter your specific circumstances.
Should I go to the emergency room if I have pain?
You should go to the hospital if you have any pain at all after a motorcycle accident. This is for your health and to document your case so you receive all the compensation you are entitled to. Waiting too long can hurt your case.
How much is my Texas motorcycle accident injury claim worth?
The value of your case is determined by the facts. We’ll complete a full evaluation to estimate the potential size of your claim. (Be wary of any lawyer who guarantees a settlement amount). As your attorney, we only get paid when you get paid, so we’ll work together to obtain the highest payout possible.
What factors influence the size of my claim?
- Comparative negligence (who is responsible and for how much)
- Arguments raised by your attorney and the insurance adjuster
- Medical bills, lost wages, and other financial hardships incurred
- Future financial hardships that will be incurred
- Type and severity of injuries
- Liability factors (how/why the accident was caused)
Will the insurance company argue that I was also at fault?
If the insurance company can find a way to argue you were partially or fully at fault, they will. They are not on your side. They will assume you were speeding or drifting, or even that you were driving aggressively. This is why you need someone on your side to perform a careful investigation.
Can I obtain exemplary damages in a Texas motorcycle accident claim?
Exemplary damages, often called punitive damages, are designed to punish the at-fault party for their behavior. This type of compensation is hard to obtain because the standard of negligence of the at-fault party is much higher. However, some claimants do collect exemplary damages when the defendant was sleep deprived, intoxicated, using a cell phone, racing, or being reckless.
The insurance company will pay my medical bills, right?
The insurance company will do everything they can to avoid paying. They retain their own doctors who may argue that your medical expenses weren’t necessary or that you willfully made them worse.
Can I get compensation for an injury if I was already injured there?
Yes. In Texas we have the Eggshell Plaintiff doctrine. Basically, this means that even if you’re susceptible to injury, the person at fault is still responsible for your care. For instance, if a leg injury from years ago was exacerbated from a motorcycle accident, you can still get compensation for any medical care, even though part of the problem existed.
Should I settle my Texas motorcycle accident claim?
That decision is between you and your lawyer. At Van Wey Law, we are always willing to go to trial for our clients, but often settling is the right course of action. Of course, you shouldn’t accept a settlement if it doesn’t adequately compensate for your suffering. If you decide to go to trial, you can expect more expenses, a longer wait for your compensation, and you’ll have to play a larger role.