Proving Negligence After a Motorcycle Crash

Whenever an injured person in Rockwall seeks compensation from other parties after a motorcycle collision, the attorney for the injured person must prove the other party was negligent. Negligence means that the:

  • A person owed a duty to another person
  • That person did not uphold that duty
  • An accident happened at least partially because of that person’s breach of duty
  • The victim suffered verifiable losses due to the accident

Another motor vehicle driver is often the negligent party in many motorbike accidents.

Motorists often do not see motorcycles or do not respect their right to occupy a traffic lane, causing collisions. In some cases, a manufacturer could be liable if a defective component in the bike or other involved vehicle led to the wreck. If road conditions such as confusing marking, poor lighting, or shoddy maintenance had a role in the crash, a governmental entity may bear some of the blame. Unfortunately, injured bikers cannot always claim all of their damages after a crash if it is determined that their own conduct contributed to the incident or to the damages they incurred. Texas state law requires each negligent party—including the injured individual—to pay a proportional share of the damages. If the injured biker was more than 50 percent responsible for the accident, they are barred from recovering any amount of damages.


Comply With the Law to Avoid Accusations of Negligence

Motorcyclists can protect themselves from claims of negligence by following all laws related to motorcycle operation and taking reasonable safety precautions. Any evidence that reveals a rider was operating their bike carelessly or violating the law could be proof of negligence that a defense attorney could use to reduce an injury settlement after a crash. Motorcycle riders must also have all of the proper legal documentation including a valid motorcycle operator’s license, registration, and insurance for their bikes. Bikers must obey the same traffic laws as other motorists, but some laws apply specifically to motorcyclists. They can ride no more than two abreast, and lane splitting—passing between two cars in adjacent lanes of traffic—is illegal. Even if a biker obeys all laws, if they did not take reasonable precautions, a jury might find them partially responsible for their injuries. Texas Transportation Code §661.003(c) allows adult bikers to ride without a helmet if they have health insurance that will cover their motorcycle accident injuries. Even so, a jury might find a biker negligent if they suffer an injury that a helmet might have prevented.

Damages in Motorcycle Wreck Cases

Damages is the term for the compensation an injured person receives from a negligent party or the party’s insurer. Damages could compensate all the losses an individual experienced due to their injury. Damages include lost wages and income-earning opportunities. If the biker’s injuries prevent them from returning to their job, damages should compensate for their reduced ability to earn. Damages also cover the cost of medical care and all the injury-related expenses the motorcyclist incurred during their recovery. If the biker requires continuing care, their damages should cover the expense.

An injured motorcyclist can also pursue financial recovery for their subjective losses, such as:

  • Physical pain and suffering
  • Lost enjoyment of life and relationships
  • Mental anguish
  • Disfigurement
  • Disability

A capable Rockwall motorbike accident attorney could help an injured biker document the ways their quality of life has suffered since their injury to support a claim for damages.

Pursue Your Injury Claim with the Help of a Rockwall Motorcycle Accident Attorney

Motorcycle riders need a knowledgeable attorney on their side when they get into an accident. Even if the accident was clearly another party’s fault, the perception that motorcycle riders are risk-takers could impact a settlement if the rider does not have competent legal representation. A Rockwall motorcycle accident lawyer at our firm could present your case for damages effectively and ensure the responsible parties are held accountable for their actions. Schedule an appointment with one of our committed attorneys by giving us a call now.

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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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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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