Riding a motorcycle on an open Texas road or highway can be exhilarating. The sound of the engine roaring behind you is exciting and makes one feel on top of their game. Honestly, few things compare to this type of freedom. While most of these rides are successful, there is always a high risk of being involved in an accident. Unfortunately, motorcyclists have their bodies as their shield in case of a collision. Therefore, they are more susceptible to catastrophic injuries than any other motorist.
The National Highway Traffic Safety Administration estimates that a whopping 80% of all motorcycle accidents reported in the United States result in serious injuries or deaths. If you were injured in a similar accident, Lone Star Injury Attorneys are here to help. You may be eligible for compensation if someone else was at fault for the accident. To collect damages for your injuries, thorough investigations must be carried out to establish liability in a Fort Bend County motorcycle accident case.
Role of Negligence in Determining Liability
Before you can collect damages in any injury case, you need to prove with a preponderance of the evidence that the defendant was negligent in the moments leading to the accident. This means they failed to act reasonably and thoughtfully to prevent foreseeable harm. Usually, negligence is proven based on a duty of care and its breach.
The duty of care requires all motorists to ensure the safety of other road users by following state traffic rules and acting prudently not to cause harm. For example, drivers must always keep a safe distance between themselves and motorcyclists at any given time. A breach of care occurs when they violate such laws and result in a motorcycle accident.
However, these are not enough to prove liability in a Fort Bend County motorbike crash case. You must also establish causation that links your injuries to the breach of care. Insurance companies usually use this pretext to deny claims. They may argue that your injuries were caused by something else, not the motorcycle collision. The only way you can show causation is by producing medical reports and having expert witnesses concur with the findings therein. Lastly, you must prove the damages for which you demand compensation.
Who Will Pay My Damages in a Motorcycle Collision Claim?
Determining liability is your only gateway to collecting damages for your injuries. Therefore, the party that will compensate you will be established once a knowledgeable attorney reviews the facts of your case. Usually, the parties likely to bear liability in a motorcycle crash case in Fort Bend County are:
Other Drivers
Some drivers behave negligently by tailgating and cutting off motorcyclists. These behaviors are among the most common causes of motorcycle-vehicle collisions. Drivers whose negligent conduct causes harm to motorcyclists may bear liability and costs associated with severe injuries to victims.
Motorcycle Manufacturers
In a Fort Bend County motorcycle collision claim, liability may also fall on the motorcycle manufacturers or distributors. This is the case in scenarios where a defective part results in an accident. Maintenance companies may also have a case to answer if their failure to make a proper diagnosis caused a crash.
Construction Companies & State Agencies
Although Texas enjoys excellent road infrastructure, poor road designs may contribute to motorcycle accidents in Fort Bend County. Sharp bends and poor markings may cause a fatal crash. Under such circumstances, the responsible construction companies may bear liability. On top of that, local state agencies are responsible for ensuring our roads are in good condition for all motorists. They have a lot to do, particularly in inclement weather such as snow and ice, which make roads slippery and thus unsafe. Failure to carry out proper maintenance may constitute a civil lawsuit against them.
Riders
Like other drivers, motorcycle riders have a duty of care to maintain. They must always guarantee the safety of their passengers and other road users. Failure to do so may amount to a breach of care, and as a result, civil charges may be brought against them. If you were a motorcycle passenger or pedestrian and were injured due to the negligence of the rider, you may file an injury claim against them.
Injured in a Fort Bend County Motorbike Crash? We May Help
Establishing liability in a Fort Bend County motorcycle accident case on your own can be daunting. Having to contend with treatment for your injuries and tirelessly working on your injury case is stressful, and that’s why our lawyers are here to handle your case passionately. Speaking with our attorneys is very simple. Just contact us today.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
