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.

Free Consultation


The McCraw Law Group
Based on 82 reviews
powered by Google
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
See All Reviews