Prosper Motorcycle Accident Lawyer
Across Texas, automobile driver negligence is one of the leading causes of motorcycle crashes. Negligent drivers frequently change lanes or pull out in front of motorcycles without first surveying for the presence of a bike.
After a motorcycle accident, it is typical for the negligent driver’s insurance company to try and strong-arm you into an inadequate settlement. A veteran Prosper motorcycle accident lawyer could help you fight back. Reach out to a seasoned personal injury attorney today.
Common Causes of Motorcycle Accidents
While statistics from the United States government indicate that motorcycle riders suffer injuries at about the same rate as motor vehicle operators, the numbers also suggest that injuries suffered by motorcycle riders are much more severe. Head-on collisions, side-swipes, and T-bone crashes all have significantly worse consequences for an exposed motorcycle rider than a car owner.
It is up to a Prosper motorcycle accident attorney to show that the vehicle operator negligently caused the collision. Bikers have rights on the road, and drivers have a duty to watch out for motorcycles before changing lanes or turning onto a side street.
The 51 Percent Bar Rule
Not every motorcycle accident is entirely the fault of a car or truck driver. If a motorcycle operator was the primary cause of the accident, they are unlikely to recover damages through an injury lawsuit. In these cases, Texas’ “51 percent bar” rule precludes a rider from recovering damages. According to the 51 percent bar rule, a plaintiff that was 51 percent or more at fault for the accident that caused their injuries is barred from recovering damages from the other driver.
If a rider is partially responsible for an accident but their liability is less than 51 percent, they may still recover some of their damages. However, the court may reduce those damages by their percentage of fault. Texas follows a legal theory known as modified comparative fault, which requires a jury to determine the total amount of damages owed to a plaintiff before reducing it by the percentage the plaintiff is at fault. For more information, consult with a dedicated lawyer.
Statute of Limitations of Motorcycle Wreck Claims
The statute of limitations, pursuant to Texas Statute Section 16.003, sets a deadline for filing a motorcycle accident lawsuit. The Texas statute of limitations is designed to prevent long delays in injury litigation. According to the statute, a plaintiff must file a personal injury lawsuit within two years of the date of the accident.
Texas courts are empowered to dismiss a case filed after the statute of limitations expires. Once a judge dismisses a case, the opportunity to recover compensation is lost. There are a few circumstances, however, where the court may extend the limitation period. Exceptions to the statute of limitations can include when a plaintiff is under 18 or “of unsound mind” or when a defendant that leaves the State of Texas before the filing of a lawsuit. Valid exceptions to the statute of limitations are rare. An accomplished motorcycle accident lawyer in Prosper might help meet all legal deadlines on time and maintain a plaintiff’s right to pursue compensation.
Contact a Prosper Motorcycle Accident Attorney As Soon As Possible
After a motorcycle accident, you deserve to focus your energy on getting your life back in order and physically recovering from your injuries. Call today to leave your injury claim in the capable hands of a Prospect motorcycle accident lawyer. An attorney could collect evidence, prepare a demand package, and pursue compensation on your behalf.