Determining liability in a motorcycle crash is crucial for victims to receive justice and secure compensation. Motorcyclists involved in catastrophic injury crashes must provide strong evidence to establish fault and liability to get the money they need to cover their accident-related expenses and losses.
Texas law apportions liability based on negligence and the unique circumstances that led to the crash. Having a motorcycle accident lawyer on your side can make it easier to focus on treatment, healing, and rehabilitation while fighting for a fair payout to cover your medical care, lost income, and other damages.
What Are the Key Factors in Determining Liability in a Texas Motorcycle Accident?
Showing how a driver acted negligently and caused a crash is necessary in almost all motorcycle accident cases. To recover maximum compensation and hold the at-fault party accountable, you must show that the accused party failed to use reasonable care—one of the four elements of negligence you must establish:
- Duty of care: Drivers must follow all traffic laws and operate their vehicles safely.
- Breach of duty: A driver violated a traffic law or failed to operate their vehicle safely.
- Causation: The driver’s breach of duty was the proximate cause of the crash.
- Harm: You suffered physically, emotionally, or financially due to the accident
Showing negligence and liability requires compelling evidence to demonstrate what happened and why. The essential evidence could depend on the circumstances and details of your accident. Some critical pieces of evidence might include:
- Police reports filed by officers on the scene
- Eyewitness accounts
- Video from dashcams, traffic cameras, or nearby businesses
- Photos of the accident scene, vehicle damage, and road conditions
- Accident reconstruction reports
- Other expert testimony
- Documentation of damages
What Happens When the Victim Shares Fault in Texas?
Texas follows a modified comparative fault rule, known as proportionate responsibility under Texas Civil Practice and Remedies Code § 33.001. Under this rule, victims can recover compensation as long as they are not more than 50 percent at fault for the accident. However, their percentage of fault reduces their financial recovery accordingly.
If you share fault for your crash, your attorney will help you mitigate the effect this allegation has on your payout.
For a free legal consultation, call (972) 938-1234
How Do Other Drivers Cause Motorcycle Accidents in Texas?
Driver negligence is the most common cause of motorcycle accidents in Texas. Drivers who make mistakes behind the wheel can cause rear-end, sideswipe, T-bone, or head-on collisions. Some typical ways that a driver’s negligence can cause a motorcycle crash include:
- Failing to yield the right-of-way: Many accidents happen because drivers fail to yield to a biker at intersections or while merging into traffic.
- Not checking their blind spot: Motorcycles are small and easy to overlook when a driver is looking for full-size vehicles. Thus, cyclists are more vulnerable to a driver hitting them when failing to check both blind spots before changing lanes or merging.
- Left turns: Drivers making left turns frequently misjudge the speed or distance of an approaching motorcycle or don’t see them approaching, causing serious T-bone crashes.
- Failure to obey traffic signs or signals: Running red lights or stop signs can also cause catastrophic intersection accidents.
Some contributing causes of these crashes include:
- Distracted driving: Texting, talking on the phone, eating, or adjusting in-car controls can increase the risk of a driver not seeing a nearby motorcyclist.
- Aggressive driving: Tailgating, speeding, and abrupt lane changes create significant danger for motorcyclists.
- Driving while intoxicated: Impaired drivers pose an increased risk to others on the roads, particularly motorcyclists.
What Is the Role of Insurance Companies in Determining Fault and Liability?
Insurance companies investigate accidents to assign fault. However, their interests usually focus on minimizing payouts—even when the evidence clearly shows their policyholder is liable. Thus, injured motorcyclists should never provide a recorded statement, sign paperwork, or agree to a settlement without first discussing their case with an attorney.
It is an unfair stereotype that motorcyclists are reckless or generally at fault in crashes. However, this generalization can lead to biases in these cases. Some insurance adjusters may use these stereotypes to reduce or deny claims. Instead, work with a motorcycle accident lawyer who will advocate for your rights and fight for your best interests.
Click to contact our personal injury lawyers today
How Can a Motorcycle Accident Lawyer Help Me Prove My Case Against the Liable Party?
When you hire a personal injury lawyer to manage your Texas motorcycle accident claim, they will take the necessary steps to help you document fault and liability, which is essential to recovering the money you need and deserve.
Gathering Evidence
Your motorcycle accident attorney will collect evidence to support your claim. They will survey the accident scene, seek video of the collision, interview witnesses, and consult experts.
Navigating Texas Laws
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the accident date to file a personal injury lawsuit. Your attorney will ensure you meet this deadline while also handling insurance negotiations to settle the case before this date arrives.
Advocating for Your Best Interests
Your lawyer will ensure you receive fair treatment during the legal process. They will counter insurance adjusters who try to shift blame or undervalue the claim and fight for a fair motorcycle accident settlement in your case.
Your attorney will assess your medical bills, lost income, pain and suffering, and other losses, then work to secure the compensation you need to recover from your injuries and related financial losses, allowing you to heal and get back to your daily activities.
Complete a Free Case Evaluation form now
Discuss Your Texas Motorcycle Crash Case With Our Team
If you or a loved one suffered injuries in a Texas motorcycle accident caused by another driver’s negligence, Clay Jenkins & Associates is here to help. Contact us today for a free consultation. We’ll help you determine liability in your motorcycle crash claim and answer all your questions.
Call or text (972) 938-1234 or complete a Free Case Evaluation form