Motorcycling has in recent years been embraced as a convenient mode of transport. The two-wheeler has made commuting easier, with riders now able to beat traffic to and from work, especially in rush hours. The fun does not end there. The exhilarating experience that motorcycling is, has been equally incorporated into sporting activities. No matter how you use your motorcycle, either for business, transport, or sports, you must be wary of its dangers.
Although it is a magnificent invention, the biggest downside is that motorcyclists do not have enough protective shields and safety gear compared to other motorists. For this reason, motorcycle accidents are usually devastating. If you are nursing injuries or lost a loved one in a similar crash, our hearts reach out to you. If you have the slightest hunch that someone may have been at fault for your crash, you have the right to pursue compensation for the losses suffered. But first, you must establish liability in a Cypress motorcycle accident case before you are allowed to collect damages.
Anyone who wishes to file a personal injury case in Texas must do so based on liability. This means that you need proof to show that the other party was largely responsible for the circumstances leading to your injuries. Liability is a complicated aspect of law and is frequently contested. Even if the fault in your case is straightforward, insurance companies may still act in bad faith by denying your claim. That is why the best way out is to ensure that you prepare a solid case with a preponderance of the evidence that puts the other party at the center of your injuries.
Essentially, liability in a Cypress motorcycle wreck case is determined through negligence. The party found to have been negligent in the moments before the crash may be at fault. To adequately understand how negligence affects your case, here are the four basic principles you must prove before you can collect damages for your injuries and related losses:
All motorists in Texas have a legal duty of care to maintain. Their actions or inactions while on the road should not in any way cause foreseeable harm to other road users. Particularly, drivers must adhere to state and federal traffic laws regarding yielding to motorcyclists. Any negligent conduct that is likely to cause harm is prohibited.
The duty of care must have been breached before you can point an accusing finger at the other party. To prove this, you will need evidence such as documentation from the investigating officer or testimonials from expert witnesses. Without these, you may have difficulty proving the other party was at fault. For example, if another driver ran a red light at an intersection, your attorney may retrieve traffic footage as evidence.
Of course, the main reason you file a claim is to pursue compensation for injuries and losses suffered. Therefore, it may be challenging to prove liability if you cannot link the defendant’s negligence to your injuries. Insurance companies adequately understand causation. You must prove causation before you are settled.
Lastly, you must also show the damages for which the defendant is financially responsible. They may be tangible or intangible, depending on your case. A seasoned attorney is an invaluable asset in piecing all your damages together and establishing the value of your claim.
Using negligence as the basis of your claim, the following parties may bear liability for your injuries and losses following a motorcycle accident in Cypress:
We recommend that you let a professional attorney handle the process on your behalf for a better review.
Establishing liability in a Cypress motorcycle accident case may be challenging. Instead of overwhelming yourself with this burdening process, you should hire a skilled attorney to do the work on your behalf. Call us today to discuss your case.