Tag Archive for: contingency fee agreement

Know What to Do in the Event of a Motorcycle Accident

According to the Texas Department of Transportation, there were 9,859 injuries and fatalities to motorcycle drivers and passengers in 2016. That’s a significant number and an increase over previous years. It’s also a sign that motorcycle drivers and passengers are less safe than ever before. While some accidents are the fault of the driver, more are caused by the drivers of other automobiles.  Car Accident Lawyer, Farrah Martinez, explains what to do if the accident is not your fault.

A Lack of Awareness: Motorcycle Drivers Are at an Increased Risk

One of the most significant contributing factors in the rise of motorcycle accidents across Texas is negligence on the part of other drivers. With an estimated 500,000 registered motorcycles on Texas roadways now, it’s more important than ever for car, truck, van and 18-wheeler drivers to be observant. That’s the impetus behind the state’s 2017 DoT campaign – “Share the Road: Look Twice for Motorcycles”.

Drivers of other vehicles are being urged to be vigilant concerning motorcycles. An accident involving a motorcycle is five times more likely to result in an injury than a car-to-car crash, and 29 times more likely to result in a fatality. Of course, motorcycle drivers and passengers also need to be vigilant, but in addition, you need to know what to do if you’re involved in a motorcycle accident.

Houston Car Accident Lawyer Explains What to Do Moments After Your Accident

Knowing what to do in the minutes following an accident can make a huge difference in the ultimate outcome, and it might just save your life or the life of someone else. Follow this brief guide.

Assess the Damage – The first thing you’ll need to do is to assess the damage, and that includes physical damage to you and/or a passenger on your motorcycle. What injuries have you sustained? Are you able to sit up, or stand?

Chances are good that if you’ve been involved in a motorcycle accident involving a car, truck, van or an 18-wheeler, you have sustained serious injuries. If possible, use your cell phone to call 911 to ensure that help is on its way immediately. If you are able, check the condition of any passengers, and the driver/passenger of the other vehicle.

Move Off the Road – If possible, move your motorcycle off the road. The other driver will also need to move their vehicle out of the flow of traffic. If necessary, move any injured individuals off the road (assuming you’re physically able to do so).

Exchange Insurance Information – If you’re capable, exchange insurance information with the other driver. You should also get their name, phone number, and address. All of this information will be necessary to file a claim.

Take Pictures – If you are physically able, use your cell phone to take pictures of the accident scene before moving the vehicles out of the road. You’ll need proof of who hit whom, the position of the vehicles, and more. If you’re not able to take photographs, try to memorize every detail of the scene possible.

Talk to Witnesses – While not always the case, witnesses are sometimes present. Get the contact information from these individuals.

Don’t Talk about Fault – Whether the motorcycle accident was the fault of the other driver, or you think it was your own, don’t talk about it. Avoid discussing the accident with the other driver or their insurance company.

Call Your Car Accident Lawyer – As soon as possible, call your car accident lawyer. While they might not be able to open a claim without a police case ID or accident report, you can at least get the ball rolling. Once the police have investigated the scene and provided you with a report number, your car accident lawyer can order a copy of the report online.  Accident reports are usually ready within 10 days of the accident.

Do I Really Need a Car Accident Lawyer?

While you may not need a car accident lawyer in all instances, it’s wise to have an experienced professional on your side if you’ve been injured in a motorcycle accident. Insurance companies are in business to make money, and they don’t do that by paying out a lot of cash to those injured in accidents. An experienced Houston car accident lawyer like Farrah Martinez can help ensure that you receive the compensation you need to cover repair or replacement of your motorcycle, payment of medical bills and the like.

For a free consultation, contact Car Accident Lawyer Farrah Martinez at (713) 853-9296.

 

Source:

http://www.avrek.com/blog/what-to-do-after-motorcycle-accident/

https://rideapart.com/articles/crash-motorcycle

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/09.pdf

http://dfw.cbslocal.com/2017/04/28/txdot-drivers-motorcycles/

 

After an accident, many car injury victims often wonder what type of lawyer handles car accident cases. It is a very common question. If you were in a car wreck and the accident was not your fault, most likely you will want to seek the advice of a personal injury lawyer. The majority of personal injury lawyers offer free consultations to car accident victims; so, it will not cost you anything to have a lawyer review your case.

Here are three questions car accident victims ask about personal injury lawyers:

What is a personal injury lawyer?

A personal injury lawyer is a licensed attorney that represents victims that have been injured physically and possibly mentally by the negligent or reckless behavior of another individual, company, or government agency.

A personal injury lawyer also know as an injury lawyer or an accident lawyer, usually handles car accidents cases, boating accidents, motorcycle accidents, 18-wheeler accidents, slip and falls cases, products liability cases, construction accident cases and
accidents that occur while at work.

How do I find a good personal injury lawyer?

Ask for a referral. Before I hire anyone, I ask my friends, neighbors or my relatives if they have an auto accident lawyer they can recommend. For example, my orthodontist was referred to me by a friend in law school. She has worked out great. I trust her and now I feel comfortable recommending her to other people.

Visit the State Bar of Texas at www.texasbar.com. It is better to be safe, rather than sorry, later down the road. There you can perform a search to make sure the person you plan to hire is licensed to practice law. Their attorney profile will also include the number of years the lawyer has been licensed and if the attorney is in good standing.

How much does it cost to hire a personal injury lawyer?

Generally, there is no out of pocket costs to the client.  Personal injury lawyers usually agree to take personal injury cases on a contingency fee basis.  In a nutshell, they do not get paid unless your case results in a favorable outcome.  To learn more about contingency fee agreements see a blog post-https://www.injurylawyerhou.com/personal-injury/only-pay-attorney-fees-if-you-win/

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of a car accident lawyer.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

One of the most frequently asked questions asked of attorneys from potential clients is how much is your attorney fee?  It is common practice for personal injury lawyers to provide free consultations and the vast majority of personal injury lawyers typically advertise with the punch line phrase “I do not get paid unless you win.”

In legal terms, this is called a contingency fee which simply means the attorney agrees to represent you and his or her fee is deferred until the end of the case and the attorney only collects a fee if the case results in a favorable outcome.  The attorney fee is then based upon a percentage of the amount awarded to you.  Legally, a contingency fee agreement is only available in certain types of cases. While in other case types, a contingency fee agreement is absolutely prohibited.

A contingency fee agreement is available in the following types of cases:

  • Personal Injury Cases – car accidents, slip and fall injuries, dog bite cases, and work accidents.
  • Products Liability Cases – defective products that cause harm. A current example of products liability would be the currently litigation surrounding Lumber Liquidators.
  • Certain Employment Discrimination Cases – age or race.
  • Fair Debt Collection Practices Act – violations committed by creditors for harassing debtors.

A contingency fee agreement is NOT permitted in the following types of cases:

  • Criminal Cases –  DWI, Assault, or Public Intoxication
  • Family Law Cases –  divorce, child custody, adoptions, or child support
  • Immigration – application for a work visa or student visas
  • Juvenile Cases – a child accused of illegal behavior such as failure to attend school or possession of marijuana

I did not list every case type.  Also, not all lawyers offer contingency fee agreements, so when you are meeting with a lawyer for the first time, simply ask.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of a slip and fall attorney.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.