Motorcyclists deserve to be on Texas roads just like other motorists. Unfortunately, those who ride on motorcycles are often perceived as not deserving of sharing roads with other drivers.
When an accident occurs, they may be blamed for the damages that follow, including their injuries. However, this perception is far from the truth in most cases. Frequently, motorcyclists take great caution since they are aware of their vulnerability to accidents. They adhere to traffic rules and stay as safe as possible.
When you are in a motorcycle accident as a rider or passenger, retaining a motorcycle accident lawyer in Harlingen is the best way to protect your rights. With decades of combined experience, your legal team will investigate every aspect of your case to determine who is to blame.
On top of that, they may assist with the compensation process to ensure that you are fairly compensated for your injuries and losses. But before you think of filing a claim, you must first determine liability in a Harlingen motorcycle accident case.
How Liability Is Determined After a Motorcycle Accident
Frequently, liability in a Harlingen motorcycle accident case is established through negligence. Often, one party is at fault, and this is determined by applying negligence principles.
Essentially, every driver in Texas must observe standard care to ensure their safety and that of other road users. Unfortunately, some occasionally violate this requirement and end up endangering motorcyclists’ lives through negligent behavior. That said, drivers are not the only party required to observe care. Every party or person has an equal duty.
Establishing liability in a Harlingen motorcycle accident will require you to prove the four essential elements of negligence, which are:
- A legal duty of care existed
- The duty was breached
- The breach caused you harm
- You suffered damages
These elements apply to each party involved in a crash. For example, a driver is deemed negligent if they ran a red light when they should have stopped.
Similarly, a premise owner may also bear fault if there were unsafe conditions on their property. The primary measure of negligence is whether the other party was aware of an existing hazard or their actions, but failed to prevent foreseeable harm. Proving negligence in an accident involving multiple parties may be challenging.
A Harlingen motorcycle accident attorney may hire experts to investigate every aspect of your accident.
Parties Likely to Be at Fault
Using the elements of negligence discussed earlier, you can establish liability in a Harlingen motorcycle accident. Out of the numerous motorcycle accident claims we have handled, the following parties are constantly at fault:
Drivers
Drivers account for a majority of motorcycle accidents reported in Texas every year. Negligent behaviors such as speeding, aggressive driving, unsafe lane changes, and distracted driving are common reasons why motorcycle accidents are widespread on our roads.
State Agencies
Motorcycle accidents may also occur due to poorly maintained roads and intersections. Since maintenance is a mandate of local state agencies, they may be subject to a lawsuit in the event of an accident.
However, there are laws that may limit or restrict lawsuits against government entities, so it’s important to consult with a knowledgeable motorcycle accident attorney before taking any legal action.
Construction Companies
If a highway or intersection is constructed in a way that blocks visibility, it can increase the risk of traffic accidents. In these cases, road construction companies may be at fault.
But to hold them accountable, you must prove, with a preponderance of the evidence, that they were aware of the poor designs but failed to correct them. You may require experts, such as highway engineers, to establish liability on construction companies.
Talk to Us, We May Help
Establishing liability in a Harlingen motorcycle accident is a complex process. You may need the help of a seasoned attorney to get to the bottom of your case.
The attorneys at our firm are skilled in investigating such cases and determining the parties to hold financially responsible for your losses. Talk to us today to get help with your motorcycle accident case.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
