Motorcycle Laws in McKinney
Following a motorcycle crash, you may be considering filing a civil suit to seek compensation for your injuries. However, some statutes could prevent you from success. An experienced attorney could help you understand the motorcycle laws in McKinney and help determine if you have grounds for an injury claim.
Are Traffic Laws Different for Motorcyclists?
Traffic laws are adjusted every two years in Texas, and motorists are expected to know any changes in the law. Motorcyclists must abide by the same traffic laws as other vehicles. Unfortunately, juries will sometimes look at a motorcycle or a motorcycle rider as being negligent just for getting on a motorcycle.
There is a built-in prejudice against motorcyclists that must be addressed by the lawyer. They must show a jury that a motorcycle driver drove responsibly, and the other party is at fault. Lawyers often use focus groups to try to determine how a jury may react to the motorcycle rider’s situation. The attorney could use that information to develop a strategic plan to combat those biases.
Motorcyclists do not have to wear helmets in Texas. Neighboring states do have helmet laws, so a person riding through various jurisdictions should know the laws beforehand.
Negligence Per Se
A legal concept called negligence per se is often referenced in motorcycle wreck claims. It states that a person can be found negligent if they violated a law and harmed someone. A violation of a law is an important aspect, especially in jury trials, because an attorney could point to that violation as a case of negligence per se.
Everyone must follow traffic rules to prevent undue harm. A violation of these laws that subsequently leads to someone’s injury is a good argument for holding the violator responsible for the wreck.
Comparative Negligence Statute in McKinney
Texas is a modified comparative negligence state, not a pure comparative negligence state. In a modified comparative negligence state, the legislature bans a recovery if a person is more than half at fault for their injuries. If they are less than 50 percent at fault, then they can recover a percentage that matches the other person’s percentage of fault.
There is an additional factor that can occur, called joint several liability. Joint several liability occurs when there is no fault or limited amounts of fault for the motorcyclist, and more than one other person is responsible. If any one defendant is more than 60 percent at fault for the wreck, then the motorcyclist can recover all their damages minus any of their own responsibility.
This law is complex and can have a major impact on how much the injured person can recover, especially when deciding on a driver with whom to settle the claim. Having an experienced lawyer involved is crucial in these kinds of cases.
Speak to a Lawyer for Help Understanding Motorcycle Laws in McKinney
Understanding motorcycle laws in McKinney is vital when pursuing compensation following a wreck. A qualified attorney with the knowledge of the laws surrounding these types of claims could help you build your claim. Call now and schedule a consultation now to learn more.