Each motorcycle accident is different. Without interviewing witnesses, gathering evidence, and reading the police report, there is no telling who is at fault in a motorcycle accident. The National Highway Traffic Safety Administration (NHTSA) says that the leading cause of auto collisions is driver error. This means, more often than not, another motorist is responsible for causing a crash. However, fault could also rest on a government municipality or parts manufacturer.
If you or a loved one suffered injuries in a Texas motorcycle accident, you should consider the value of partnering with a personal injury lawyer. They can assess your situation and provide more information regarding who is at fault in motorcycle accidents.
UNDERSTANDING FAULT IN TEXAS MOTORCYCLE ACCIDENT CASES
All road users have a duty of care to operate their vehicles in a safe, reasonable manner. In a personal injury case, the at-fault party is the one who caused your accident and injuries. This could happen through intentional wrongdoing or negligence. To prove fault in a motorcycle accident, you will need to provide evidence that demonstrates fault.
Such evidence could include:
- Statements from your doctor
- Your health care records
- Your damages’ receipts, invoices, and billing statements
- The police report
- Omissions made by the other driver
- Traffic camera footage
- Photos of the accident scene, your injuries, and your vehicle’s damage
- Witness accounts
Depending on your circumstances, one or more parties could be held accountable for your damages. Proving the cause of your accident is important because it could help you receive compensation for your medical bills, lost income, and pain and suffering.
A personal injury lawyer with experience in handling motorcycle accident cases can investigate your case and determine who can be held financially responsible for your losses.
UNDERSTANDING TEXAS’S PROPORTIONATE RESPONSIBILITY LAWS
If you suspect that you contributed to the accident, you may still have the ability to recover compensation under Texas’s “proportionate responsibility” laws. According to Texas Civil Practice and Remedies Code § 33.001, proportionate responsibility means that even if you are partially at fault for an accident, you may still be able to recover damages if another party is more responsible than you.
Still, if you believe that you contributed to the accident, you should:
- Avoid posting about the accident to social media
- Refrain from admitting fault to the insurance company
- Request a copy of the police report and check it for accuracy
- Consider working with a lawyer
You may be able to safeguard your right to compensation in ways not listed here.
POSSIBLE CAUSES OF MOTORCYCLE ACCIDENTS
There could be many contributing factors to your Texas motorcycle collision. After learning about these factors, you may gain a better understanding of who is at fault in a motorcycle accident.
Possible causes of your accident include:
- Distracted driving. Any action that takes a driver’s attention off the road constitutes distracted driving. This includes texting, eating and drinking, changing the radio station, and using in-car technologies.
- Driving under the influence. Drunk and drug-impaired driving can inhibit one’s senses and reduce their fine motor skills.
- Unsafe lane changes. When a driver does not check their mirrors before switching lanes, have proper mirrors, or fail to signal, they can cause an accident.
- Tailgating. When other drivers follow too closely behind motorcyclists, they give themselves less time to stop when a hazard suddenly appears.
There are other elements that may contribute to an accident than those listed here. Your lawyer can investigate the circumstances of your accident to hold the at-fault parties accountable.
HOW A PERSONAL INJURY LAWYER CAN HELP YOU AFTER A MOTORCYCLE ACCIDENT
A personal injury lawyer is your advocate and advisor. By reaching out to the office of an attorney, you can learn more about your options and rights. They can guide you through the process of determining and proving fault in a motorcycle accident while answering your questions about how the law applies to you.
A LAWYER CAN PURSUE COMPENSATION ON YOUR BEHALF
Once you retain an attorney, they can begin working on your case and safeguarding your rights. They will investigate the accident to uncover who is responsible for your injuries and determine what damages you may be able to recover.
Your attorney will then be able to negotiate with the insurance companies on your behalf to get you the compensation you need. Insurance adjusters have a reputation for paying injured claimants as little money as possible.
If your lawyer cannot resolve your case through an insurance settlement, then they can go to court. Per Texas Civil Practice and Remedies Code § 16.003, you typically have two years to file your lawsuit. Otherwise, you risk losing your right to recover compensation.
CALL IN THE STRONG ARM WITH LONCAR LYON JENKINS
At Loncar Lyon Jenkins, we are here to protect your rights. We will not settle your case without your permission and can get to work on your case today.
With eight office locations, Loncar Lyon Jenkins is here for you. Contact us today at (800) 777-7777 to receive a free case review.