Motorcycle on the highway floor after an accident in Dallas-Fort Worth area

What Damages Can I Recover After a Motorcycle Accident?

For over 20 years, Rochelle McCullough, LLP has been dedicated to defending the rights of motorcyclists in DallasFort Worth. We are committed to fighting for the right of every biker to receive the compensation they deserve for harm caused by someone else’s negligence.

Unfortunately, the exhilaration and joy of riding a motorcycle come with its own set of risks. Unlike larger vehicles, motorcycles offer minimal protection, making motorcyclists more vulnerable to severe injuries in accidents. Due to this increased risk, the consequences of motorcycle accidents can be devastating. That’s why our legal team makes a special point of protecting Texas bikers.

Serious Motorcycle Injuries 

Motorcycle accidents often result in severe injuries because, even when equipped with all necessary protective gear, bikers are riding without the heavy metal frame of a car to protect them. Since there are no “fender benders” when a motorcyclist is involved, serious, even catastrophic injuries are all too common, including: 

Because any of these injuries can not only be life-altering but result in enormous costs, those whose injuries were caused by another party’s negligence are entitled to substantial damages. Nonetheless, in most cases, you must have a skilled lawyer to recover the compensation you are legally entitled to.

What Has to Be Proven to Win Damages in a Lawsuit

To recover damages in a personal injury lawsuit, the following key elements must be proven to make your case:

Duty of care

That the negligent party had a legal responsibility to drive safely or behave prudently to avoid harming others. 

Breach of care

That the defendant breached that duty of care by being distracted, impaired, or behaving recklessly.

Causation

That your injury was caused by the other party’s breach. Proximate cause

That it is reasonable to believe that there is a direct connection between the defendant’s action and your injury.

Damages

That your injury has resulted in real physical, emotional or financial harm.

*Notably, the other party is not always another motorist but, maybe, for example, a government agency in charge of road maintenance or the car manufacturer of a defective auto part.

Damages Our Attorneys Will Fight For

At Rochelle McCullough LLP, our attorneys are committed to fighting for any and all damages you deserve, as described below: 

Compensatory Damages

Compensatory damages, both economic and non-economic, are intended to cover all expenses related to your motorcycle accident.

Economic damages are designed to cover your out-of-pocket costs, including:

  • Medical and rehabilitation expenses
  • Property damage
  • Lost income, present and future
  • Modifications to make your home accessible
  • Loss of earning ability
  • Assistive devices
  • Replacement services
  • Psychological counseling
  • Long-term nursing care

Non-Economic Damages, on the other hand, are meant to cover intangibles that have altered the course of your life, including:

  • Physical pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disfigurement
  • Permanent disability
  • Loss of consortium
  • Loss of enjoyment of life

Punitive Damages

Punitive damages are only awarded if the defendant’s conduct is deemed especially egregious by the court. These damages go beyond compensating for losses and are intended to punish the wrongdoer and deter others from similar misconduct. They can make a significant difference in cases involving gross negligence.

Wrongful Death Damages

If a motorcycle accident results in the death of a loved one, the surviving family members may be entitled to wrongful death damages. These typically include:

  • Funeral and burial/cremation costs
  • Loss of financial support 
  • Loss of companionship and emotional support

At Rochelle McCullough, we are well aware that we can never bring you sufficient funds to lessen your grief, but we will do everything in our power to bring you some semblance of justice and help secure your future.

How We Help You Win the Damages You Deserve

Our motorcycle accident attorneys are well-prepared to fight vigorously for your right to compensation by:

  • Thoroughly investigating the accident site and examining the police report, your medical records and any surveillance footage of the accident.
  • Identifying and interviewing witnesses.
  • Determining liability. 
  • Checking for any history of misconduct on the part of the defendant.
  • Filing claims to hold responsible individuals or entities accountable.
  • Consult with medical, automotive, or accident reconstruction experts who may testify on your behalf.
  • Negotiating a fair out-of-court settlement.
  • Litigating forcefully if a trial becomes necessary. 

Contact Our Experienced Dallas-Fort Worth Motorcycle Accident Attorneys Today

If you have been seriously injured in a motorcycle accident in Dallas-Fort Worth due to the negligence of another, now is the time to contact the talented attorneys of Rochelle McCullough. Our legal team is here to provide you with the outstanding legal representation you need to win maximum damages. Contact us now to take the best path forward.