Frequently Asked Questions
After a fatal accident, the state of Texas allows the following parties to file a wrongful death lawsuit:
Surviving spouse
Children
Surviving parents
An executor or administrator for the deceased’s estate
Texas does not allow siblings, extended family, or unadopted stepchildren of the deceased to file a wrongful death lawsuit if the spouse, children, or parents are still alive. Wrongful death cases can be complicated, but John has a proven track record of success, and the whole team is ready to help.
Yes. In Texas, you can still file a lawsuit and receive compensation as long as you are not more than 50% to blame. This is because Texas follows a modified comparative negligence rule based on your proportionate responsibility. Your overall damages will be reduced based on your percentage of fault in an accident.
For example, say that you are awarded $100,000 after a motorcycle wreck but were found to be $25% at fault. In Texas, you would still receive $75,000 in damages.
Some of the most common causes of motorcycle accidents we’ve seen in cases include:
Excessive speed
Reckless driving
Distracted drivers
Failure to check for motorcyclists in blind spots
Drunk or intoxicated driving
Unsafe left turns
Unsafe merging and lane changes
When you come to Hodges Law with a motorcycle accident case, we’ll take time to listen to you about what happened. From there, we can start gathering evidence to build a strong case.
In the state of Texas, you usually have two years from the date of the accident to file a personal injury lawsuit. There are a few exceptions, like when a government entity or employee is involved in the accident.
While two years sounds like a long time, it’s best to speak with a personal injury attorney as soon as possible so you can get the process underway. Rest assured, the other side will take advantage of any sidestep that you make. The team at Hodges Law is ready to get in the fight and turn the tide in your favor.