Motorcycle Accident Lawyers

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Motorcycle Accident Lawsuit

As much fun as it is to hit the open road on your motorcycle, there are many hazards you may face on streets and highways, and understanding how to anticipate and react to a dangerous situation could save your life. When compared to occupants of passenger vehicles, motorcyclists are at an increased risk of suffering a serious personal injury in a crash. According to the National Highway Traffic Safety Administration (NHTSA), more than 80% of all reported motorcycle accidents result in injury or death to the motorcyclist.

If you choose to ride a motorcycle, understanding what to do if you're involved in an accident is not only crucial for your well-being but it can also help protect your legal right to injury compensation. Our experienced motorcycle accident lawyers at Miller Weisbrod Olesky have a long history of helping motorcyclists suffering serious injuries and their family members of motorcyclists suffering a wrongful death in a motorcycle crash caused by a negligent driver. Let our Texas motorcycle lawyers take the burden of negotiation and fighting for your claim off your shoulders.

Winning for Motorcycle Riders Injured by Others

Our client was riding with a group of motorcyclists on a service road in Texas. A landscaping company truck and trailer failed to notice the group heading towards him. The truck pulled into the service road failing to yield causing our client to have to lay down his bike causing a traumatic brain injury.

The insurance company tried to blame our motorcycle client for the wreck claiming he was going too fast, but we proved through expert reconstruction and cross examination of the responsible driver that our client was fault-free. After an extensive fight, we recovered a $3,000,000 settlement to help with lifetime expenses and impairment.

Board-Certified Personal Injury Attorney

Our motorcycle accident legal team is led by Clay Miller who is Board-Certified in Personal Injury trial law by the Texas Board of Legal Specialization. This means he has tried numerous cases to a jury verdict, passed a rigorous background study with recommendations from judges and other board-certified attorneys and passed a day long examination given once a year.

Less than 3% of all attorneys in Texas have any board-certification and even less have a board-certification in the area of Personal Injury Trial Law. This certification proves your legal team does more than “talk the talk”, these attorneys walk the walk when it comes to proving expertise for personal injury and wrongful death clients.

Our law firm has recovered more than $1.3 Billion in settlements for clients in all kinds of personal injury, wrongful death, motor vehicle accidents, truck accidents, construction accidents and even medical malpractice lawsuits.

What Are Common Causes of Motorcycle Accidents?

A considerable part of motorcycle safety is being aware of the leading causes of motorcycle accidents. The Texas Department of Transportation (TxDot) reports that, on average, a motorcyclist is killed every day on Texas roads. Furthermore, among the 7,481 motorcycle crashes that occurred in the state in 2020, 1,856 resulted in severe injuries and 482 fatalities.

These accidents are typically caused by the failure of another motorist to detect and recognize riders on the road. Because a motorcyclist's position on the bike and overall visibility may be limited by other vehicles, motorists have a responsibility to make a concerted effort to look twice before switching lanes or making turns.

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• Speed: When it involves a motorcycle, speed is a major cause of all accidents. If a motorist speeds, drives aggressively, or inattentively, they may be unable to slow down or hit the brakes in time to avoid an unexpected hazard. Motorcycle riders are not protected like car or truck drivers and often suffer more serious personal injuries when involved in a motorcycle accident with a speeding driver.
  

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• Driving under the influence: A driver who gets behind the wheel while under the influence of drugs or alcohol is much more likely to cause a car or motorcycle accident. In 2020, drunk drivers impaired by drugs or alcohol were responsible for 25% of the total number of people who lost their lives in traffic accidents in Texas.
  
  When a driver is impaired by drugs or alcohol, their vision, judgment, and reaction times are significantly impacted and can interfere with their ability to control their vehicle safely leading to a serious motorcycle accident.

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• Unsafe lane maneuvers: Drivers who fail to signal before checking lanes or their blind spot for nearby motorcycles risk colliding with a rider. When initiating a lane change, some drivers make just a quick glance in the mirror, which can be problematic if there is a blind spot. Motorcycles are more vulnerable to being in a blind spot and struck by a lane-switching vehicle because they have a narrower profile.
  
  The best thing for a motorcycle rider to do to mitigate the risk of being involved in these collisions is to look for signs that a driver may be beginning a turn. Additionally, when changing lanes, car and truck drivers should be vigilant and make it a habit to check their mirrors or look over their shoulders before changing lanes.

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• Head-on collisions: Crashes involving motorcycles and other vehicles account for 56% of all motorcycle-related deaths, and in many of these cases, a car strikes the motorcycle from the front. Head-on collisions occur when a vehicle departs from its lane and travels "head-on" into the path of an oncoming vehicle. In-vehicle distractions and fatigue are a common cause of head-on collisions leading to catastrophic personal injury or wrongful death.

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• Open doors: Before opening their doors, occupants of motor vehicles parked along the street should check for oncoming traffic to avoid the path of a rider. Under such circumstances, motorcyclists may have no time to avoid a collision with a car door opening directly in front of them.

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• Dangerous road conditions: Motorcycles are smaller in size and have less stability than a car or truck, making them more susceptible to unsafe road conditions. Some examples of dangerous road conditions include potholes, debris on the roadway, slippery surfaces, lack of guardrails, poor lighting, and non-functioning traffic signals. Adverse weather conditions and animals crossing the road can also contribute to motorcycle collisions.
  
  Government agencies have a responsibility to address hazards on the road when they are made aware of them. Construction companies have a duty to keep their work zones free from road hazards. Vehicles hauling loads in trailers or truck beds must keep their load from flying out onto the road which is a common cause of a serious motorcycle accident.

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• Left-turning cars: Left-turn accidents are a leading cause of motorcycle collisions worldwide. Drivers must yield to oncoming traffic before turning left onto a road or at an intersection. Even when drivers check their mirrors before turning, it is not uncommon for them to inadvertently turn into a motorcycle, make a dangerous left-hand turn, or fail to correctly judge a rider's speed at an intersection.
  
  While nothing can completely protect Motorcycle riders from cars turning quickly in front of them, exercising extra caution when approaching an intersection and leaving a good following distance from the cars in front of them may reduce the risks.

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• Distracted driving: When a driver is distracted by activities such as texting, adjusting the GPS, or interacting with passengers, it reduces their attentiveness and increases the likelihood of failing to notice smaller vehicles like motorcycles in their blind spot. In fact, according to a study published by University of Utah psychologists, motorists who use cell phones while driving are as impaired as drivers intoxicated at the legal blood-alcohol limit.
  
  Bikers need to be on high alert at all times and remain aware of their surroundings to ensure that a distracted driver isn't posing a collision threat. Riders can mitigate their risk of being involved in an accident with a distracted driver by maintaining a proper following distance, investing in collision avoidance technology, and wearing highly visible gear.
  

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• Motorcycle defects: Like road defect cases, a design or manufacturing defect may cause or contribute to an accident. Some common motorcycle defects that cause accidents include brake, tire, fuel system, frame, headlight, and handlebar defects. While motorcycle defect cases can be challenging, a motorcycle crash accident attorney can help you determine who was responsible for the motorcycle defect that led to the accident.
  
  If you suspect your motorcycle wreck was caused by a defect, be sure to secure the bike and not make any changes or alterations before an experienced motorcycle injury attorney and their experts can thoroughly inspect the motorcycle and its components.

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• Sudden stops: Motorcycles are not equipped with seat belts, and when a driver comes to a sudden stop on a fast-moving highway, a motorcyclist can be thrown from their bike either into another vehicle or into traffic. For many reasons, these types of accidents result in a catalog of injuries or easily end up as a fatality.

Knowing the leading causes of Texas motorcycle collisions can help you avoid being involved in a deadly crash. Our motorcycle accident attorneys can help you better understand your legal rights, options, and secure maximum compensation to cover damages such as medical expenses, lost income, disability, disfigurement as well as physical and emotional pain and suffering.

What Happens to a Body in a Motorcycle Accident?

In many cases, motorcycles that crash against vehicles that are larger and heavier than their own often sustain more severe injuries and extensive damage. From road rash to serious conditions like traumatic brain injuries and fractures, motorcycle accidents tend to be associated with a wide variety of serious and catastrophic injuries.

Some of the most common motorcycle injuries suffered by motorcycle riders include:

• Traumatic brain injuries (TBIs): According to the NHTSA, motorcycle riders are 24 times more likely to be killed in an accident than those who ride in a car, and in many of those cases, the cause of death is a traumatic brain injury.
  
  In the event of a crash, motorcyclists are advised to wear helmets to protect themselves. Riders who wear helmets are up to 65% less likely to sustain head and brain injuries. Traumatic brain injuries can interfere with the victim's cognitive process, speech, and motor skills and may also result in permanent paralysis.

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• Spinal cord injuries: When the impact of a motorcycle accident results in injuries to the spine and spinal cord, it can be especially damaging to the victim. This type of catastrophic injury can lead to various forms of paralysis, including quadriplegia, which is total paralysis from the neck down.
  
  Motorcyclists who suffer from these types of spinal cord injuries require lengthy hospitalization and a lifetime of medical and attendant cost to help provide a quality of life given their catastrophic injuries.

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• Road rash: Road rash can happen when a rider is thrown off their bike in an accident and scrapes their legs and other parts of their body along the road's hard surface. Even at low speeds, road rash can result in severe skin abrasions that are highly susceptible to serious infections, nerve damage, and permanent scarring.
  
  When left untreated, road rash may lead to life-threatening complications like organ failure. Even if you think your road rash is minor, this type of injury requires immediate medical attention, and you'll still want to get checked out by a doctor.

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• Broken bones and fractures: Crashes happen quickly, and when motorcycle riders collide with another object and hit the pavement at high speeds, it may result in bones breaking or fractures. Common injuries sustained after motorcycle crashes include broken collar bones, ribs, kneecaps, ankles, arms, or legs. Additionally, femurs, forearms, shins, and pelvic bones are commonly fractured in motorcycle accidents.
  
  Riders who suffer broken or fractured bones may experience limited mobility, require time away from work, and depend on assistive devices such as crutches or wheelchairs. For both the individual and their loved ones, the emotional toll of dealing with pain, restricted activities, and potential financial burdens can be incredibly challenging.

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• Internal injuries: The blunt, physical force of a motorcycle collision can cause damage to internal organs and internal bleeding. In most cases, accident victims often do not realize they have internal injuries because these injuries are typically painless and symptom-less. However, failure to detect internal bleeding can result in a coma or even death. For this reason, it is crucial to always seek medical attention and get the care you need as soon as possible after an accident.

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• Amputations: The force of impact in a collision may cause a limb or body part to become completely or partially severed from the body. When injuries to a person's limbs following a motorcycle accident cannot be fixed with surgery, amputations may be the only way to save the victim's life. The physical and psychological consequences for the victim are often serious and challenging in these cases.
  
  The person will likely require assistance adjusting to their new normal and require prosthetics, wheelchairs, physical therapy, and psychological counseling to address the emotional trauma caused by such a devastating injury.

What to Do if You Are Injured in a Motorcycle Accident?

After a motorcycle accident, the first and most critical step you should take is to assess your injuries and seek immediate medical attention. If you are able call 911 immediately so police and fire rescue can respond. Do not be afraid to ride in an ambulance, we will be able to recover these costs from the at-fault driver. Make sure to cooperate (to the extent your injuries allow) with the police report so the most accurate report possible is completed.

Some motorcycle injuries (especially like brain injury) may not be immediately apparent, and even if your injuries seem to be minor, you should still seek medical attention as soon as possible after the accident. Motorcycle crashes can have lasting and devastating effects on your physical and emotional well-being.

It is essential to take care of and prioritize your health by following your physician's recommendations for treatment and rehabilitation, which may include:

• Following the treatment plans as prescribed by your doctor.
• Making sure you attend all follow-up appointments.
• Participating in any required physical therapy or rehabilitation programs.
• Taking all prescribed medications as directed by your physician.
• Coping with the emotional impact of the accident by seeking support from friends, family, or a therapist.

Seeking medical attention right away after an accident will not only help you prevent serious health outcomes and contribute to your overall recovery, but it can also help document the extent of your injuries and improve your chances of receiving compensation from an insurance claim or motorcycle accident lawsuit.

To maximize the recovery you are entitled to, you will want to quickly hire a trusted motorcycle injury lawyer who can fight for the compensation and quickly gather and preserve evidence before it disappears. Tire marks, other vehicles, property damage and other important evidence may quickly disappear and the faster you hire an experienced motorcycle lawyer, the faster the evidence can be preserved.

Motorcycle Accidents Statistics

For motorcyclists and their passengers, the likelihood of being injured in an accident and sustaining severe or disabling injuries is exceptionally high. In fact, according to TxDOT, it is estimated that one motorcycle rider dies every day on Texas roads. Furthermore, despite a 2% reduction in motorcycle accidents, motorcyclist fatalities in Texas increased by 17% in 2020.

What Percent of Motorcycle Accidents Result in Injury or Death?

In the United States, traffic crashes are a leading cause of death and disability. According to the NHTSA, motorcycle crashes claim the lives of over 2,100 riders each year. Additionally, compared to car crashes that result in only 20% of injuries and deaths, motorcycle crashes result in 80%.

When Do Most Fatal Motorcycle Accidents in Texas Happen?

In the state, the deadliest six-month period for bikes is from May to October, and of all motorcyclist fatalities during 2020, more than 61% happened during this period. Between the hours of 6 am and noon, the rate of fatal motorcycle collisions is relatively low; however, between 6 pm and 3 am, these numbers climb significantly.

Where Is a Motorcycle Most Likely to Crash?

In 2019, the highest number of fatal motorcycle crashes occurred in San Antonio, Dallas, Houston, and Fort Worth. Furthermore, the most common places for motorcycle collisions to occur are intersections. TxDOT reports that nearly one-third of Texas motorcycle fatalities occurred in an intersection or were intersection-related.

Motorcyclists are often injured at intersections by left-turning cars that may not recognize a motorcyclist that is approaching. Additionally, most motorcycle accidents that occur at intersections are caused by motorists rear-ending a rider at stoplights or stop signs. Rural locations rather than urban areas experience a higher number of motorcycle fatalities. Between 2010 and 2017, 8% of all fatal motorcycle crashes occurred in rural areas, whereas in urban areas, 4% of motorcycle crashes resulted in fatalities.

At What Speed Do Most Motorcycle Deaths Occur?

While motorcycle accidents can happen at any speed, most involve lower speeds. According to the NHTSA, most motorcyclists are involved in accidents at speeds under 30 mph.

What State Has the Most Motorcycle Deaths?

Southern states with warmer, rider-friendly climates have the highest number of motorcycle fatalities. These states include Florida, California, Texas, and North Carolina. In 2021, the state that experienced the most motorcycle deaths was Florida, with a total of 651 fatalities.

What Kills Motorcyclists the Most?

Motorcycle accidents can happen in a variety of ways; however, driver negligence and reckless driving are the primary causes of most motorcycle accidents. Additionally, because motorcycles lack safety features and cars generally weigh four times as much as motorcycles, head-on collisions are among the most severe accidents for motorcyclists.

According to a study provided by the National Library of Medicine (NLM), the major causes of death in over 40% of fatal motorcycle accidents are head injuries and traumatic brain injuries (TBI). The most common death-related cause of TBIs is brain swelling. There are multiple ways a head injury could prove to be fatal. Many of these head injuries go undiscovered and result in bleeding in the brain, which can cause pressure on the brain tissue and lead to respiratory or cardiac arrest.

What Should You Do After a Motorcycle Accident?

While driving a motorcycle, no one anticipates being involved in an accident, and knowing what to do afterward can be challenging. Should such a critical event occur, knowing what to do after an accident can increase your chances of recouping and maximizing the value for your injuries and losses suffered from any motor-vehicular mishap.

The best way to ensure you take the right steps after an accident is by consulting with an experienced motorcycle accident attorney who will fight for your best interests. As a recognized leader in injury trial law, the motorcycle crash lawyers at Miller Weisbrod Olesky believe in taking care of our clients during every step of the legal process. We are dedicated to providing as much support as possible throughout your motorcycle accident claim.

Assess Yourself and Others Involved in Injuries

Before following any other steps, your first priority after the accident should be your health and safety. Inspect your body closely to check for visible injuries such as bleeding or broken bones. Seek medical attention immediately if you are injured.

Additionally, even if you feel fine, some injuries may not be visible, and you should still seek medical attention as soon as possible. If left untreated, some injuries could lead to serious complications, and consulting with a doctor can help you identify possible delayed injuries like internal bleeding or spinal injury.

Call 911

In the event that a motorcycle accident results in the injury or death of another person or damage to a vehicle that can no longer be driven normally or safely, Texas Transportation Code § 550.026 requires that you report it immediately to law enforcement.

Furthermore, for the sake of your potential claim, having law enforcement at the scene of the accident who will create an objective report of the conditions around the crash can be used as evidence by your motorcycle crash attorney. When a police officer asks for your statement concerning the accident, stay calm and answer any questions factually. You should never admit any degree of fault or apologize for the accident. Taking any of the blame may make it difficult to recover compensation.

Take Photos of the Scene

Documenting the accident scene can be extremely helpful for showing the severity of the accident and can be used as essential evidence for your claim. Take photos or videos of damage to your motorcycle, the other vehicle, and any damage to signs or structures along the road. Providing your lawyer with photos that give them a clear way of mentally reconstructing the accident is crucial for explaining how it occurred and pointing to the negligence that caused it.

Exchange Information with Everyone Involved

Obtain the full name, contact information, insurance information, and license plate number of everyone involved in the accident. Having an open line of communication with everyone involved and their insurance companies is crucial for the success of your claim.

Gather Witness Statements

Obtaining and writing down statements from anyone who witnessed the accident can help support your claim by verifying an objective version of how the accident happened. It is not uncommon for people to try to deny fault, and having multiple sources can help prove that the other driver's negligence caused the accident. Collect the names and contact information for each witness you speak to, as it may be necessary for your attorney to follow up with them in the future.

Seek Medical Attention

Regardless of your financial situation or whether or not you have insurance, you should always seek the medical attention you need as soon as possible after an accident. Not only is seeking treatment the best thing to do for your health but establishing a record of your injuries and diagnosis can help strengthen your claim.

If you fail to seek medical attention right away, you risk weakening your claim, and the at-fault driver's insurance company may argue that your injuries are less severe than you're claiming. Additionally, if you do not show up for appointments or complete all courses of treatment as prescribed, it will be noted in your medical records, and you might face greater difficulty pursuing fair compensation for your injuries.

Contact a Texas Motorcycle Accident Injury Lawyer

While consulting with a motorcycle accident attorney doesn't mean you'll pursue a lawsuit, having someone on your side who can negotiate a fair settlement with the at-fault driver's insurance company will give you the best chance at retrieving the compensation you deserve. The Motorcycle Accident Attorneys at Miller Weisbrod Olesky can help you decide whether to accept any settlement offer from the insurance company.

If a lawsuit becomes necessary, our dedicated personal injury attorneys will be prepared to represent and fight for your interests in court. Open, honest communication is pivotal for a strong attorney-client relationship, and you should be sure to provide your motorcycle accident lawyer with any documents they request, promptly return their phone calls and emails, and always give updates on your treatment as you move forward in the case.

Our team also recovered $2,750,000 for another client injured in a motorcycle accident when another vehicle failed to yield.

How Much Are Most Motorcycle Accident Settlements?

When determining the appropriate motorcycle injury settlement amount, several factors are taken into consideration. The settlement amount in a motorcycle accident largely depends on the facts and circumstances of the wreck including the liability, amount of applicable insurance and the nature of the injuries.

The reason motorcycle accident cases typically settle for more than automobile accidents is the costly nature of the injuries and losses a rider often sustains. It is essential to remember that this is an average, and your settlement could be lower or higher depending on the extent of your injuries and the strength of your case.

It is important to remember that studies show that accident victims represented by lawyers get on average 3 times higher settlements than those that attempt to handle their own case.

Common factors that are often considered in setting a value for a motorcycle accident case include:

• Liability
• The extent of the injury or damage to property
• How long your treatment and expected recovery will take
• The liable driver's insurance policy
• The state's laws on proportionate responsibility
• The strength of the evidence presented
• Sources of recovery

Motorcycle Insurance: Texas motorcyclists must carry the minimum liability coverage: $30,000 bodily injury coverage for each injured person in an accident, $60,000 bodily injury coverage total per accident, and $25,000 property damage coverage per accident. This coverage is known as “30/60/25 coverage.”

If you were injured in a motorcycle crash, hiring an attorney at a motorcycle accident law firm can increase your chances of retrieving a higher settlement award that compensates you for as much of the damage you've suffered as possible and puts you in a place in your life similar to where you were before the accident.

Does Health Insurance Cover Me in a Motorcycle Accident?

In motorcycle accidents, the cost to repair or replace your motorcycle may be relatively small compared to the extensive medical bills resulting from your injuries. If you've been injured recently in a motorcycle crash, you may be wondering if your health insurance will cover your crash-related medical expenses. Unfortunately, until your claim is settled, your motorcycle insurance company and the other driver's insurance company probably won't agree on who is responsible for covering your medical expenses.

As you rest and recover from your injuries, this can cause your medical expenses to pile up, leaving you in a stressful financial situation. While every health insurance plan is unique, most policies will offer some coverage for motorcycle accident injuries, and you should check the language in your health insurance policy to see if it covers you if you are injured in a crash.

What will be covered will depend on your individual health insurance policy; however, you may expect to be reimbursed by your health insurance for the following:

• Examinations
• X-rays
• Prescription medications
• Any time you spend in the hospital

What may not be covered by your health insurance:

• Deductible and co-pay
• Physical and emotional suffering
• Off-label prescriptions
• All of your medical bills, such as occupational or physical therapy expenses
• Non-medical expenses like motorcycle repair costs or transportation expenses
• Lost income or wages that result from your injuries.

It is not likely that your insurance will cover all your motorcycle accident-related costs. You may, however, be able to obtain compensation for these additional expenses by seeking a payout from the at-fault party's auto insurance company. Additionally, if you have Medicare or Medicaid coverage, it might pay for medical expenses related to the collision. However, it is important to remember that if Medicare or Medicaid pays for your medical bills, they may try to recover what they paid via a lien against your future motorcycle accident settlement.

If you have been injured in a motorcycle accident and do not have health insurance, a qualified motorcycle accident lawyer can help you obtain medical treatment from a healthcare provider willing to treat you and wait until a settlement is received to seek payment. Make sure to contact an experienced lawyer if you are having difficulty getting treatment, we can help!

Should I Get a Motorcycle Accident Lawyer?

Accident claims can quickly become complex, and the circumstances of a motorcycle accident differ from other types of accidents in such a way that can make the legal process even more confusing. There are numerous benefits to hiring a lawyer for a motorcycle accident. One such benefit is that a lawyer can manage all the legal work, like gathering evidence, interviewing witnesses, investigating the accident, and calculating your damages while you focus on recovery.

Additionally, a motorcycle accident injury attorney can help quickly secure evidence and hire experts like an accident reconstructionist even if you are still in the hospital. This means your case is being built while you focus on recovering form your injuries. Remember, as the injury victim you have the burden to “prove” your case, that is why a board-certified personal injury trial law can help in building and proving your case from day one. And do not forget that insurance company studies reveal that accident victims represented by lawyers get on average 3 times higher settlements than those that attempt to handle their own case. A board-certified and experienced motorcycle injury attorney can push this ratio even higher.

If your motorcycle accident was caused by negligence, you should not feel like your medical expenses and the cost of other accident-related damages are a burden. At Miller Weisbrod Olesky, you will never owe attorneys' fees or reimbursement of expenses unless we make a successful recovery for your case. The sooner you contact us, the sooner we can help you obtain the justice you deserve following a motorcycle accident.

Contact a Texas Motorcycle Accident Lawyer Today

After a serious motorcycle crash, the last thing you should worry about is a complicated legal battle with an uncaring insurance company. Our motorcycle injury attorneys at Miller Weisbrod Olesky have decades of experience representing injured motorcycle accident victims and their families. If you were injured in a motorcycle accident and want to better understand your legal options, call us at (214) 987-0005 or fill out our convenient online form to set up a free case review.