Establishing Negligence in McKinney Motorcycle Accident Cases
Establishing negligence in McKinney motorcycle accident cases is a requirement for victims if they wish to recover compensation from negligent parties. However, it could still be done, and with the help of a lawyer, you could claim the compensation you need after a negligent motorbiker caused you serious harm. Let an attorney help you today.
Finding Fault After a Motorcycle Accident in McKinney
McKinney is neither a comparative nor a contributory negligence jurisdiction; it is a modified comparative jurisdiction. Contributory negligence states that if an individual is at any part at fault for the wreck, then they could recover nothing. If they contributed to their injury even slightly, they get no compensation.
Over a period of decades, people have seen that as unfair, and that is why comparative negligence evolved in law. Comparative negligence allows someone to recover even if they are partially at fault. Typically, the amount they are able to recover is reduced by the amount of their fault.
Texas is a modified comparative negligence state. In a pure comparative negligence state, someone who is 90 percent responsible for their own injury could still recover 10 percent of their damages from the other person. In Texas, if someone is more than half at fault for their own injury, they recover nothing.
On the other hand, if the jury says that the person is 50 percent at fault, they could recover 50 percent of their damages from the other at-fault person who caused their injury.
Spreading Awareness of Injury for Motorcyclists
There are several things that motorcyclists could do to reduce their chances of injury. First, they should maintain their bike. They should make sure that their bike is as visible as possible, make sure that their headlights are working, and make sure that all reflectors are working properly.
The second thing people could do is to wear safety gear. Helmets are not required in Texas, but wearing helmets markedly reduces the chance of brain injuries. They also should wear their motorcycle riding gear. They want to make sure that as much clothing between them and the ground as they could. Chaps, leather jackets, and other motorcycle gear are designed to provide as much protection as possible.
The next thing that motorcyclists could do is to make sure that they have gone through training on their bike, including both classroom training and practical training. There are many resources out there to teach people how to ride and to teach people safety above and beyond what is required just to get a driver’s license. Many former motorcycle police officers instruct these classes. They are able to teach people how to turn appropriately and use safety mechanisms that are helpful but are not necessarily required by law.
The other thing that the riding courses do is teach someone how to avoid obstacles that could cause them to have a single-vehicle wreck.
Finally, though this is true of all motorists, motorcycle rider should never drink and drive.
Always avoid any type of alcohol or mind-altering drugs if planning to get on a bike. Not only is it illegal to drink and drive or drive while intoxicated with any other substance, but they risk death, brain damage, and other serious injuries if they do so.
Insurance Claims for McKinney Motorbike Wrecks
Any person who is negligent and causes the injury or death of a motorcycle rider could have a claim brought against them. Negligence could be asserted, and that is something that both sides could fight out in court. Significantly, they do not have to have contact with that motorcyclist in order to have a claim filed against them.
If a motorcyclist avoids the contact but injures themselves or their bike, they could still make a claim against the insurance carrier for the person who performed the negligent act. If somebody pulls out in front of them or runs a stop sign, for example, the motorcyclist may lay their bike down on the road to avoid a collision. This is still a valid cause for a personal injury claim against that motorist’s insurance carrier.
If the motorcyclist does not have actual contact with the other vehicle, though, their own underinsured/uninsured insurance coverage may not apply in that instance.
Standards for Motorbike Operators
The standards that motorcyclists are held to under the law are the same standards that other motorists are held to. They are supposed to obey the exact same rules.
However, juries tend to hold motorcyclists to a higher standard. Many jurors view motorcycle riders as very dangerous unless or until proven otherwise. These jurors tend to think of a motorcyclist as a person doing a wheelie at 100 miles per hour down a freeway.
For that reason, the motorcycle accident attorney would want to show that the person wore proper gear, took safety classes, and behaved in a way that was not reckless. Even though the person’s case may be valid, they risk losing the fight if they do not dispel the inherent negative notions that juries have about motorcycle riders.
The standard for these motorbikers is always enforced by the jury. The jury typically is the fact-finder that determines whether or not a person was negligent, even if a person admits fault at the scene. For that reason, lawyers have to understand how juries see motorcyclists and must develop facts to show the jury that the injured motorcyclist is a safe rider and is not a reckless driver.
Let Our Attorneys Help Establish Negligence
After suffering from a crash caused by a person on a motorcycle, recovery should be your first priority. But while medical bills begin to stack, it could be helpful to also seek compensation from the person responsible
.for your losses. However, establishing negligence in McKinney motorcycle accident cases is challenging, but required if you wish to recover compensation. Let an attorney help you instead of addressing your medical bills on your own. Reach out to an attorney today.