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Motorcycle Accident Lawyer

A motorcycle accident claim may be difficult to manage on your own. For any reason, insurance carriers frequently deny motorcycle accident claims. Insurance companies frequently deny motorcycle accident claims without even offering them a second look, due to their preconceived notions about motorcyclists. They attempt to attach negative beliefs on bikers in order to blame them for their own injuries.

Don’t let the insurance companies take advantage of you by denying you a legitimate motorcycle accident compensation. Hire a lawyer from Texas Personal Injury Lawyers and have them pay you what you are entitled to under the Texas law. Texas Personal Injury Lawyers are experts in winning motorcycle injury claims. Don’t put it off any longer.

Texas Personal Injury Lawyers is here to help you get adequate compensation so you can concentrate on getting back to normal. Call us now at (888) 997-2148.

Why You Need a Motorcycle Accident Lawyer

Hiring a motorcycle accident lawyer is the best option for riders who have been severely injured in a vehicle accident. A knowledgeable legal counsel might be able to assist them in maximizing the overall value of their injury claim or lawsuit while minimizing subrogation and payback responsibilities.

Although it is tempting to save money by not hiring a lawyer, research reveals that plaintiffs who obtain legal counsel receive larger judgments and settlements than those who represent themselves. If there is alcohol involved, there may be combined issues that need to be addressed as drunk driver accidents involving motorcycles can result in significant property damage and injuries. 

How Can A Good Motorcycle Lawyer Assist You?

 

The insurance company—whether it’s yours or the at-fault party’s—isn’t your friend, according to one of the most essential things a harmed motorcyclist should understand. An insurance adjuster’s main goal is to help the business stay profitable by resolving your claim as inexpensive as feasible. A motorcycle accident lawyer restores the playing field in favor of you and the insurance firm.

A motorcycle accident lawyer can use his or her experience, knowledge of case law, and extensive legal training to bargain for a higher offer or modify the legal record when an insurance adjuster offers a low settlement amount or tries to pass the blame for your injuries. A lawyer can take your case to trial if negotiations fail, giving you the opportunity to have your day in court.

Motorcycle accident lawyers, especially those that ride themselves, may have a significant influence on the outcome of your personal injury claim or lawsuit. These attorneys are fluent in insurance adjuster jargon and care about riders who have been injured.

Overcoming Obstacles In Motorcycle Accidents

 

For a variety of reasons, motorcycle accident cases are distinct from typical automobile accident claims. Some of the barriers to successful personal injury lawsuits involving motorcycles include:

  • Fault: 

When a motorist collides with a bicycle, it’s sometimes the cyclist’s fault because he or she was speeding or weaving in and out of traffic where other automobiles couldn’t see him or her.

  • Catastrophic Injuries: 

In most situations, motorcycle accidents result in severe injuries.

  • The occurrence of wrongful deaths:

as a result of motorbike accidents is routine.

  • Insurance issues: 

Motorcyclists are frequently unaware of the differences between their motorcycle insurance and automobile or truck insurance.

At Texas Personal Injury Lawyers, We are experienced in these topics and have the know-how to overcome them for our clients.

What Are The Most Frequently Occurring Causes Of Motorcycle Accidents?

Despite the fact that motorcycle safety equipment has advanced, many motorcyclists decline to use it. Even though they are wearing it, motorcyclists are far more likely to be injured in accidents than car drivers.

  • Riding In The Blind Spots Of Other Vehicles

As a motorcyclist, you are vulnerable to being in another car’s blind spot. This is simply because your automobile is smaller than passenger cars, vans, or trucks, making it easier for you to blend in among other vehicles. At all times be conscious of your position on the road while driving to prevent an accident.

  • Engaging In Lane Splitting

If you lane split, which is when you ride between two lanes, you are putting yourself in severe danger. Not only are you endangering the lives of other motorists, but you’re also putting your own life in danger because you’re not riding with the flow of traffic. Lane splitting to avoid congestion and gridlock might be tempting, but it raises the risk of an accident.

  • Driving On Hazardous Road Conditions

Things like uneven pavement, potholes, and slippery road conditions can cause you to be less stable on your motorcycle. To reduce your risk of having an accident, take familiar routes and do not ride in adverse weather conditions.

  • At Intersections, Overtaking Of Passengers Vehicles

At intersections, motorcycle accidents are frequent due to the tendency of motorcyclists to pass other passenger vehicles. The majority of the time, when cars make left-hand turns, a motorcyclist will attempt to overtake them. Approach all intersections with caution and do not pass anyone until you are sure it is safe.

  • Driving While Under The Influence Of Alcohol Or Drugs

Motorcycles are involved in a large number of intoxicated driving incidents, according to statistics. According to the National Highway Traffic Safety Administration, 78 percent of riders with a blood alcohol level of 0.1 or higher are involved in motorcycle accidents and fatalities.

What Should You Do If You’re Injured In A Motorcycle Accident?

  1. Always remain at the accident location. Wait for the police to arrive on scene while remaining with your Motorcycle. It is only acceptable for you to leave the scene if you are being transported by ambulance at any other time.
  2. Make a list of all the names and contact information for those who witnessed the accident. You will need their insurance information, driver’s license number, person’s name, plate number, make and model of the automobile, as well as any witness contact information. Take down particulars of the collision or get someone else to do it if you are unable to do it.
  3. Make sure to refrain from small talk with the counterpart. In court, this may be used against you.
  4. Visit the hospital and schedule an appointment with your doctor for a follow-up. The insurance company will notice any gap in time between the accident and when you started receiving treatment for injuries if you go to make a claim.

Personal Injury Cases vs. Texas Motorcycle Accidents: What’s The Difference?

 In terms of the applicable legislation and other concerns, motorcycle accidents have some parallels to other personal injury claims. Personal injuries caused by motorcycles, on the other hand, are distinguished via the particulars of each case. Without the assistance of an attorney experienced in motorcycle cases, navigating the legal system for financial compensation may be more difficult.

Can I Sue Someone Personally After A Motorcycle Accident?

If you were hurt in a motorcycle accident, you may be out of work for an extended period of time while recovering, as well as medical bills and missed income. After a bike accident, you have the option of suing the individual who was negligent.

When you’re seeking compensation for your injuries and losses, you should consider taking legal action against the at-fault driver. While filing a lawsuit is just the first step in the procedure, it’s an important one. You must show that the other driver was careless in some way and that his or her carelessness caused the accident and your subsequent injuries.

How To Prove Liability In A Motorcycle Accident

 

To establish a case for negligence against the motorist who caused your motorcycle accident, you or your personal injury lawyer must prove these four essential components:

  • Duty  

You were injured in a motor vehicle accident caused by someone else’s negligence. You may seek compensation for your injuries and damages, as well as punitive damages if the other driver acted with deliberate or reckless disregard of your rights. The defendant owed you a duty of care. This means the other driver had a duty to drive in a reasonable manner for the safety

  • Breach  

The duty of care was breached by the defendant. The other motorist failed to meet his or her legal obligation by taking action or failing to take action that he or she should have done.

  • Causation 

The accident was caused by that breach.

  • Damages  

As a result of the accident, you incurred damages. (injuries, losses, pain, and suffering)

Keep in mind that all of these criteria must be proved in court if you pursue a claim.

What Are The Deadlines for Filing Motorcycle Crash Claims?

 

People who are hurt in motorcycle wrecks have a short amount of time to pursue litigation, similar to those who are injured in other motor vehicle accidents. The deadline for filing claims in most instances is two years following the accident. However, There are exceptions to this deadline under certain circumstances, so it’s best to contact Texas Personal Injury Lawyers at (888) 997-2148 as soon as possible about what restrictions may apply in a specific circumstance.

When You’re Dealing With Insurance Companies, Here’s What You Need To Know.

 

A personal injury claim against the negligent motorist is an alternative, but it may not always be the best solution. It is feasible to settle a motorcycle accident claim without going to court in certain instances. Negotiating for a reasonable settlement with the other driver’s insurance carrier may result in the best outcome. Filing a lawsuit prematurely might jeopardize those discussions. This is when a motorcycle accident lawyer can come in handy, as they are well-versed in dealing with insurance adjusters and rejecting low offers.

Making A Good Legal Case

 

While preparing a claim against the insurance company or for trial, a motorcycle accident lawyer may conduct all of the following to develop an effective case in your behalf:

  • Gather Evidence 

All of the documentation, including your medical records, any eye-witness testimony, photographs or video recorded from the accident site, and the police report from the responding officer, can all be gathered by an attorney.

  • Calculate The Settlement Value Of Your Claim  

Following a collision, putting a price tag on your agony and suffering can be difficult. Your lawyer may assist you in calculating the value of your claim so that the other driver’s insurance company cannot push you into accepting less than what you are entitled to.

  • Make A Claim Or File A Lawsuit 

 While you focus on your recovery, your attorney will gather all of the essential papers and file the required paperwork in a timely fashion.

  • Negotiate A Settlement 

When you’re in the middle of your accident and struggling to get by, you don’t want to be dealing with an insurance company. In order to recover from your injury and keep your family afloat, you need someone on your side who can handle all negotiations with the insurance adjuster and fight for a fair settlement on your behalf.

  • Take Your Case To Trial 

If discussions with your attorney do not result in an agreement, he or she will be ready to take your case to court and fight for your rights.

During a motorcycle accident, it is important to have competent legal counsel on your side. A motorcycle accident lawyer will answer all of your questions about the case and point you in the direction of the next best actions to obtain compensation.

We at Texas Personal Injury Lawyers believe that accident victims have rights, and we want to defend them. Speak with one of our staff about your unique circumstances. After the incident, we can evaluate the value of your case and advise you whether to sue the other driver personally. The first consultation is free, and we do not charge a fee until we secure you a financial award.

Timeline For A Motorcycle Accident Claim To Be Resolved

The time it takes to settle a motorcycle accident claim varies, but is usually between six months and a year from the date of the accident. Most are settled within a few months unless certain circumstances make the case particularly difficult or you end up in court.

It’s critical to obtain the assistance of a motorcycle accident lawyer as soon as possible after an accident.

Here’s what you need to know about the claims process, including how each stage affects the settlement time.

Information On The Damages Is Gathered

 

You can file a motorcycle accident claim with the insurance company of the person who caused the accident. If they were 100% at fault, they are responsible for all of your losses as a result of the incident. A motorcycle accident lawyer can assist you in gathering proof of the accident, the negligent party’s fault, and your losses.

This evidence will be needed to support your claim:

  • Copy of the police report following the accident
  • Photos of your injuries and vehicle damage at the scene of the accident
  • Prescriptions and medical expenses
  • Receipts or quotations for your motorcycle repairs
  • Other items, such as traffic surveillance film or firsthand testimony, that may help illustrate what occurred

In contrast to other sorts of mishaps, motorcycle accidents are more serious. The victim is frequently hurt badly enough that it takes time to treat and recover from the injuries.

Before submitting your claim, you’ll want to wait until you’ve figured out how much medical expenses (and how your injuries have affected other aspects of your life, such as lost work time) will cost. This will be critical to determining the case’s worth. It will also have an impact on how long it takes your claim to settle.

Once You Have Submitted Your Motorcycle Accident Claim

 

You must produce evidence that shows you had a valid claim following a motorcycle accident in order to have one.

  • The at-fault party was negligent and
  • Their negligence led to your accident and your damages

What Are The Various Types Of Negligence Recognized In Texas?

 

  • Modified Comparative Negligence 

In Texas, there are several forms of negligence, including gross negligence, criminal negligence, and vicarious liability. The most frequent type of negligence utilized in Texas cases is a kind of modified comparative negligence — specifically, the 51 percent bar rule — instead of other kinds of comparative negligence or contributory negligence.

  • Vicarious Liability

When a defendant is deemed liable for the behavior of someone else who causes an accident, this type of negligence is employed. A parent, for example, may be held responsible for the actions of their children if they are under the age of 18 (children under the age of 7 are considered legally non-culpable), an employer may be held responsible for the conduct of his or her employee. A pet’s owner can be held legally responsible for his pet’s behavior.

  • Gross Negligence 

Gross negligence is a more serious charge than simple negligence. To show that someone is guilty of gross negligence, you must establish that they were aware of the high risk of their actions but proceeded to do so anyway with deliberate disregard for the consequences. The term “gross negligence” is used to describe acts that are very harmful, or even life-threatening, yet are not intentionally harmful. The following examples are a few of the many instances in which gross negligence has been used: driving too fast through a crowd of pedestrians, or leaving a patient’s bandages untouched for several days on end. Clients may also claim punitive damages (compensatory damages plus punitive damages) in addition to compensatory damages when accusing someone of gross negligence, unlike “standard” negligence.

  • Criminal Negligence 

Criminal negligence, as defined by section 6.03(d) of the Texas Penal Code, refers to a defendant’s possible state of mind when committing a crime. Specifically, “a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.”

The Importance Of Establishing Negligence 

 

The burden of proof in personal injury claims is usually on the shoulders of those bringing a lawsuit, and demonstrating negligence may be difficult. It’s true that hearsay isn’t enough on its own to prove guilt, and depending on the defendant, you might be up against a group of trained insurance attorneys with their own clients/workers who are demanding mitigation of losses rather than assistance to those who need it.

For those who are recuperating from an accident or a loss, this is sometimes asking too much. An experienced personal injury a lawyer at Texas Personal Injury Lawyers can assist you in gathering the proof you need to build a solid case after you’ve been retained.

Your Claim Is Sorted Out by The Insurance Company

 

Your injury claim must be handled in a timely manner following the submission of your documentation. The insurance company must respond if your evidence is valid and compelling. However, it’s common for insurance companies to fight injury claims in order to deny you the entire amount you are owed.

The insurance company may employ techniques such as:

  • Taking your time to respond to your claim is their best approach.
  • Accusing you of causing a portion or all of the accident
  • Questioning your injuries or other damages
  • Intimidating or pushing you to make a decision quickly
  • Offering you a small settlement in the hopes that you’ll accept it.

At this time, you’ll want to hire a motorcycle accident lawyer. They can communicate with the insurance company on your behalf and ensure that you aren’t taken advantage of. Do not accept any money, provide recorded statements, or sign anything from the insurance company without consulting an attorney first.

Negotiation And Settlement

If the insurance company offers you a lowball offer, refuses your claim, or prolongs the process in any way, your lawyer will fight to negotiate a better one. The aim is to obtain the most equitable compensation feasible so that you may pay all of your damages.

You may expect to wait 20-30 days for the insurance company’s first settlement offer. The insurance companies’ negotiations might last several weeks more, which is why this procedure generally takes 30 days to six weeks. The duration of the procedure will be determined by how the negotiation progresses.

More difficult claims are more prone to encounter difficulties and take longer to resolve. Your attorney will work hard to strengthen your case as much as feasible, leaving little for the insurance company to dispute. If everything goes as planned, you should be able to finalize your case rather quickly.

Settling A Dispute Versus Filing A Lawsuit

 

If your lawyer is able to negotiate a settlement that you like, the insurance company will have to sign a release form. This indicates that you are accepting the amount of money offered in settlement and closing your case. You will not be allowed to take any further legal action regarding this accident.

At this stage, most motorcycle accident claims are settled. If you work with a knowledgeable lawyer, there’s a good chance you’ll be able to reach a settlement that covers your losses. Some cases, on the other hand, are more complicated, and your attorney may recommend filing a lawsuit.

If you choose to take the at-fault driver and their insurance carrier to court, the process will be more time consuming. Even after you’ve decided to sue, there may be other opportunities to reach a settlement before your trial date. Insurance companies will generally attempt to settle in order to avoid the expense of a courtroom fight.

Unwarranted Biases In Negotiations: How To Overcome Them

 

An injured motorcyclist must overcome any unwarranted prejudices or preconceived judgments from insurance companies and other parties. Many individuals, unfortunately, believe that all motorcyclists are dangerous. This may result in an insurance company or even a personal injury jury blaming the motorcyclist for the accident, regardless of whether he or she was at fault.

In order to overcome these preconceptions or prejudices, it’s critical for a motorcyclist to provide a solid argument in favor of the other party’s liability. In these instances, an expert motorcycle accident lawyer will be quite useful. An attorney may utilize their resources in order to entirely investigate the situation and establish, beyond a reasonable doubt, what occurred.

Valuing A Potential Claim

 

There are a variety of things to consider when trying to figure out the value of a motorcycle accident claim. The first and most important thing is to assess how seriously injured the motorcyclist was. Until a motorcyclist reaches maximum medical recovery, it may take some time for them to understand the full extent of their injuries, and no settlement should be offered until this happens. Other elements that may influence a claim’s value include the amount of property damage, whether or not a motorcyclist can work while recuperating, the level of pain and suffering experienced by motorcyclists, and so on. An attorney will collaborate with competent medical and economic professionals on each aspect of valuing a claim.

Shared Fault Issues

 

It’s possible that the motorcyclist is to blame for an accident. The notion of shared responsibility isn’t new, and Texas employs a “modified comparative negligence” system to handle it. This implies that people who have been hurt may still seek compensation as long as they were not more than 50% at fault for the accident. A motorcyclist who was involved in a collision will not be able to receive compensation if they were 50% or more at fault. The total amount of money paid out in compensation to a motorcyclist who was less than 50% at fault will be reduced based on their percentage of negligence.

Because of comparative negligence, it is critical for a motorcyclist to have an outstanding lawyer who can combat any claims made by the other party or insurance company that the motorcyclist was at fault.

Settling Before A Trial

 

During the course of the negotiations, there will almost certainly be many settlement options that come forward. A settlement offer may sometimes arrive swiftly, especially if the at-fault party’s insurance carrier believes they will lose their case. Settlements are never ideal, and in this case, tentatives for settlement have been outrageously low. However, initial settlements are likely to be significantly lower than what an injured motorcyclist is entitled to receive. An attorney may negotiate with the insurance companies to increase the amount of money payable. If the insurance company refuses to give a fair sum for the damages, or if they deny the claim, it may be necessary to file a personal injury lawsuit in order to move the case into the civil court system.

Is It Possible To claim If I Was Somewhat Responsible For A Motorcycle Accident?

With an accident, it’s frequently difficult to determine who is to blame. A number of circumstances may combine together to create the collision, and providing evidence shows someone else was partly responsible despite doing something wrong, you can still claim. You may be compensated less for your “contributory negligence,” according to the law, but you can still file a claim. The legal rules in this area are complex, but we’d be delighted to start a conversation with you right away and advise you whether you have a viable claim.

What Should I do If My Motorbike Was Damaged In An Accident?

 

Texas Personal Injury Lawyers will guide you every step of the way through your lawsuit. If you’ve been injured in a motorcycle accident, it’s critical to consult with one of our professional solicitors as soon as possible. In rare circumstances, insurers may contact injured motorcyclists directly, and this might cause individuals to avoid making a claim or receive less compensation than they would otherwise be entitled to.

Our staff will file a claim on your behalf and speak with the insurance providers of the person who caused the problem.

Accident needs to be clear in order for an insurance company to readily accept responsibility and compensate you. If an insurer does not make such a statement, we will then conduct an investigation to obtain the police report, hear witness testimonies, review any evidence gathered at the accident scene, and look at any CCTV or dashcam footage. In some situations, we may even hire third-party assessors to provide expert opinions on the claims.

We’ve taken on a number of motorbike accident claims where carriers initially denied responsibility, and our experience and expertise have resulted in successful claims. We’ll also gather information about your injuries and financial losses for you. We will hire experts in various fields to evaluate your medical records and conduct a thorough evaluation of you. We’ll get detailed reports that we can use in your case. We will research your financial losses and seek evidence of lost earnings, medical treatment expenses, and the cost of any care or support you require.

Rehabilitation is often necessary, and we will pursue compensation for you so that you may receive the finest possible care. We will also take into account any damage to your bike, the expense of a replacement, and the worth of any kit damaged or destroyed as a result of the accident – and this may be quite significant in motorbike claims.

Bikers are often the victims of other vehicle drivers’ negligence, and as a result, they can suffer devastating injuries.

How Quickly Can I Get Financial And Other Support?

 

If the insurance admits it is responsible for paying you, or if a civil court decides someone else is to blame for your injury, we will immediately pursue a payment on account of your compensation. We are experienced in providing services to those who have been injured or sustained damage, and we will do everything possible to assist. We understand the financial stress that a significant injury or the death of a loved one may create, and we’ll do all we can to help.

You may also be eligible for compensation from the Department of Work and Pensions, or help from your local authority. We can assist you in obtaining information on your rights.

We are lawyers who specialize in motorcycle accident claims, and we recognize the importance of rehabilitation for our clients. We will do all we can to assist you in receiving the assistance and treatment that you require. We are responsible for ensuring that your rehabilitation needs are considered.

What If I Am Involved In A “hit and run”?

 

In Texas, a hit-and-run is considered a serious crime if a motorist leaves the scene of an accident without properly identifying themselves to anyone else involved or the police, or if they do not provide aid to anybody who has been hurt. It’s also a felony if anyone is injured or killed. If you are the victim of a hit-and-run in Texas’ largest cities, like Houston, San Antonio, or Dallas, keep detailed notes on everything about the incident to improve your chances of catching the driver and completing the insurance claim process as quickly as possible.

What Should You Do If You’ve Been Hit By An Uninsured Driver?

This is a frequent question, especially in Austin, Texas, since almost 20% of all drivers in Texas lack current auto insurance at the time of an accident. We’ll look at what to do if you’ve been hit by an uninsured motorist.

Examine Your Current Insurance Policy

 

When you’ve been injured by someone who doesn’t have insurance, the first thing you should do is check your own insurance to see if it covers uninsured motorists.

The cost for uninsured motorist coverage is based on the amount of money that you owe. In other words, this sort of insurance covers the costs that an uninsured motorist should have paid. However, if you are at fault in the collision, your insurance company will not likely cover it.If you were only partially at fault, your insurance company should reimburse you for a portion of your losses up to the level that you were not culpable. The minimum coverage in Texas is $30,000 if you have this protection.

Because making a claim for uninsured motorist benefits might be difficult and complex, it’s important to work with an experienced attorney who can help you navigate the process. Even though your own insurance company is providing the coverage, they have no motivation to pay the claim or full damage if they don’t have to. Any information you provide to them may and will be used against you. So, if you have this coverage, give us a call so that we can assist you through the procedure.

Check if you have Personal Injury Protection (PIP) coverage, which typically covers $2,500 in medical costs and lost income.

If you have uninsured motorist coverage, you can still make an uninsured motorist property damage (UMPD) claim for claims that involve property damage only caused by an uninsured motorist. Although your collision insurance policy will pay for all damages that are caused by an at-fault driver without limit, most insurers have a maximum liability premium of $25,000. If your insurance carrier claims you were responsible, you can make a claim under your collision coverage if you have it; however, you must pay a deductible.

Is It Legal For You To Force The Uninsured Insured Driver To Pay?

 

In a nutshell, yes. However, it might be a time-consuming and lengthy process that is unlikely to result in financial recovery. Most drivers who can’t afford to purchase insurance also can’t afford to pay the associated judgments. Texas’s current legal system makes it difficult to get a judgment against someone. Furthermore, a person who has a judgment against them might frequently declare bankruptcy and be discharged from the obligation.

If the driver has no insurance, you should contact the prosecutor on the case to see if they will try to get restitution from them for you as part of the uninsured driver’s penalty. Because the uninsured motorist is more likely to want to have their license reinstated, they may be inclined to work with you.

Make A Complaint To The Texas Department Of Public Safety

 

The Texas Department of Public Safety (“DPS”) can assist you in receiving compensation for your losses caused by the accident. The negligent, uninsured motorist’s driver’s license and vehicle registration may be revoked if he or she is a resident of Texas. If the negligent and uninsured party is a nonresident, their driving privileges in Texas could be revoked.

Can You Pursue A Damage Claim With DPS?

 

In general, there are five primary criteria for submitting a claim:

  1. Before the DPS will pursue an uninsured driver, there must be a collision that occurred less than one year and ten months prior to the complaint.
  2. The accident must have occurred on a public roadway, which is to say, not on private property.
  3. There must be a report of the accident that shows that the negligent driver did not have insurance. If the officer’s report mistakenly stated that the negligent driver had insurance, a denial of coverage letter from his or her insurance company is sufficient.
  4. The officer’s report or other evidence must demonstrate that you were not to blame for the accident.
  5. At least $1,000 in damages and/or injuries must have occurred as a result of the accident.

What To Submit To DPS

 

The Following Documents Should be Sent to the Texas Department of Public Safety:

  1. Form SR – 106
  2. Check for $7.00
  3. Damage, injury, and lost wages estimation and invoices
  4. Copy of the officer’s report

The Chance Of A Judgment Being Issued Against The Uninsured party

 

If the uninsured party fails to comply with any of the options set forth in the preceding section, the DPS shall determine whether there is a probability of a judgment being rendered against the uninsured party.

If the Department concludes that there is a reasonable chance of a judgment being issued against the uninsured party, it shall determine the amount of security to be deposited.

If the driver’s insurance is from out-of-state, the DPS will send notice of its determination that a judgment will be rendered against them. The uninsured individual must show that the law requiring insurance does not apply or that there is no reasonable probability of judgment being handed down against him. If the uninsured party requests one in writing within twenty days of receiving the Department’s decision, he or she is entitled to a hearing.

The unlicensed driver can choose to participate in a hearing held by a municipal court judge or a justice of the peace. If the uninsured driver loses, he or she may appeal to the county court. The DPS may not suspend the driver’s license and vehicle registration or driving privileges of the uninsured party during the pendency of a hearing or an appeal.

Find An Experienced Motorcycle Accident Lawyer To Represent You

 

Nobody wants to get into a Motorcycle accident, yet there are many common causes of motorcycle accidents. If one occurs, you are confident that the other driver has insurance. However, statistics show that they have a good chance of being uninsured. This is why having uninsured motorist coverage is so important. If you’ve been injured in a motorcycle accident caused by an uninsured driver, you should contact a qualified motorcycle accident lawyer with experience dealing with these types of situations. A skilled motorcycle lawyer can assist you in determining your alternatives and working to receive you the compensation you are owed.

We have decades of expertise assisting motorbike accident victims get justice at Texas Personal Injury Lawyers. For a free case evaluation, contact our staff if you’ve been hurt by an uninsured driver.

Call us at (888) 997-2148 now for you free consultation.

We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.