When Someone May Be Held Liable for Motorcycle Accident

Under the general principles of negligence law, a person may be held liable for harm caused when their failure to fulfill a basic duty of care results in harm to someone else. Any driver of a car, truck, or any vehicle on public roads has certain basic duties, including the duty to follow the rules of the road and to pay attention to where they are going.

When another driver fails to fulfill their duty of care and that failure directly causes an accident, a Murphy motorcycle accident attorney may be able to hold that driver liable for the consequences of the accident. In many instances, the question asked to determine liability is, “Would the accident have happened if the driver had driven responsibly?” For instance, if a driver was speeding, an investigation might be needed to show that the excess speed directly caused the accident, and the injured person likely would have escaped injury if the driver had not driven irresponsibly.

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The Comparative Negligence Rule

Many motorcycle accidents can be traced to a combination of factors, and sometimes those factors arise from the conduct of the person who suffered injury. For example, a motorcyclist injured in an accident may have failed to signal a turn and been hit by a driver who was not aware of the motorcycle in front of them would be turning. If a court determines that the conduct of an injured person contributed to the accident, the proportion of fault assessed to that person may reduce or eliminate any monetary recovery they could receive for the accident.

This is generally known as comparative negligence, although it is referred to in Texas Civil Practice and Remedies Code §33.001 as proportionate responsibility. When the party seeking damages is judged to be 51 percent or more at fault for their own injury, they cannot be awarded damages in Texas. If they share equal fault with someone else or a lesser degree of fault, then they may recover an amount reduced by their share of proportionate responsibility. An experienced Murphy motorcycle accident lawyer could further clarify how a plaintiff’s personal degree of fault might impact their recovery options in their case.


State Helmet Laws

Texas Transportation Code §661.003 requires motorcycle riders and passengers to wear helmets while operating their bikes on any public street. However, riders aged 21 or over are exempt from this requirement if they have passed a state-recognized motorcycle safety course or have health insurance that covers injuries incurred on a motorcycle.

It could be argued that when a rider suffers a head injury while not wearing a helmet, that rider’s conduct contributed to their injury even though the rider was acting within the scope of the helmet law. If the court agrees with this assertion, the rider’s recovery could be reduced to account for proportionate responsibility—just another reason why strong legal representation may be key in such cases.

Consult with a Murphy Motorcycle Accident Attorney Today

It is important for anyone suffering an injury in a motorcycle accident to receive a thorough medical exam and to follow the advice of their doctors. Not only does this increase the chances of a quick physical recovery, but it also helps build a better case for legal recovery of compensation. After seeing to medical issues, it is often wise to consult a knowledgeable Murphy motorcycle accident lawyer about what to do next.

A skilled attorney could evaluate your situation to determine your options and help you begin collecting and preserving evidence needed to demonstrate liability. This evidence often becomes less reliable as time passes, so prompt action can make all the difference in a case. Call today for more information.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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