In The Colony, the individual or individuals who caused a motorcyclist to suffer losses in a collision are responsible for paying compensation to the injured biker. However, a jury will look at both parties involved and assign a percentage of fault to each.
If the at-fault party is insured, typically, their insurance company will pay up to the policy’s limits. If the claimant’s harm exceeds those limits, or if the at-fault party is uninsured, then that party will likely satisfy the successful claimant’s judgment from their resources.
If a claimant is responsible in part for their injuries or the accident, then Texas’ modified comparative negligence rule will reduce the claimant’s judgment in proportion to the amount of fault attributable to the claimant. If the claimant is the primary one responsible for the crash, then the claimant will lose the case and collect nothing under Texas’ modified comparative negligence rule.
It is essential, therefore, that the claimant thoroughly investigates the circumstances that led to their wreck to discover the parties responsible for paying damages to them. Injured motorcyclists may wish to consult with a lawyer in The Colony for assistance in conducting this critical inquiry.