Every day, motorcycle accidents in Texas result in severe injuries and loss of lives. Many times, these accidents are someone else’s fault. When it comes to the question of fault, the answer is not always clear, especially where multiple parties are involved.
Determining liability in a La Porte motorcycle accident involves carefully examining the actions or contributions of every party involved in the crash. Fault is not always straightforward.
So, it would be best to have the tools and experience of a motorcycle accident lawyer in La Porte. They are essential for demonstrating the elements of negligence to support liability.
The Legal Elements Used to Determine Liability in a La Porte Motorcycle Accident
To hold someone responsible for a La Porte motorcycle accident, you must prove specific elements required under Texas negligence law. The sections below explain the legal factors used to determine fault and financial responsibility.
Duty of Care
Duty of care is the first element of negligence that sets the stage for determining fault in a motorcycle accident case. As the injured party, you must show that the other party owed you a duty of care.
This is a legal expectation to prevent foreseeable harm from happening. Generally speaking, duty of care extends to different parties, and they must observe a set standard in promoting road safety.
Breach of Duty
Breach of duty demonstrates that the expected code was not fulfilled. In motorcycle accidents, this can manifest in various ways. The most common examples involve motorists who fail to yield to bikers with the right of way. Essentially, any action or inaction, through negligence, that violates the legal obligation of care is regarded as a breach and may be grounds for civil lawsuits.
Causation
Proving a breach of duty is not the end of establishing liability in a La Porte motorcycle accident. You must further demonstrate the link between the defendant’s actions or inactions and the resulting harm.
For example, they are not to blame if you ran a red light and collided with another motorist with the right of way. However, if the reverse occurred, their reckless behavior could be directly linked to the crash. The assistance of a motorcycle accident lawyer goes a long way in proving causation.
Damages
Lastly, you must quantify all losses suffered as a result of the accident. Damages in an injury case are unique and dependent on the specific circumstances of an accident.
They are categorized as economic or non-economic damages. Economic damages cover loss of income, medical expenses, repair estimates, rehabilitation costs, loss of earning capacity, and more.
On the other hand, non-economic damages include loss of companionship, emotional trauma, reduced quality of life, as well as pain and suffering.
For a free legal consultation, call (713) 429-0711
Who Can I Sue for My Motorcycle Accident
Because Texas follows the modified comparative negligence rule, every party’s actions must be assessed to determine liability in a La Porte motorcycle accident.
Anyone bringing a personal injury claim must not bear more than 50% of the fault. Even so, they receive a reduced settlement based on their percentage of liability. For example, if you share 20% of the blame, your final compensation is reduced by a similar percentage. Suppose you are awarded $50,000 as damages. In that case, you will receive $40,000.
Besides yourself, other parties likely to bear the fault for a motorcycle crash are:
Other Motorists
Many motorcycle accidents in La Porte are caused by careless drivers. A common problem that most bikers face is road rage, distracted driving, failure to yield, and aggressive driving.
These behaviors endanger the safety and well-being of motorcyclists. In scenarios where other motorists’ negligence results in injuries, property damage, or death, the individual drivers may face civil liability and, in some cases, criminal charges.
Bike Manufacturer
The bike manufacturer may be liable when a motorcycle accident results from a defective part or system. If you experienced brake failure or a tire burst, your attorney should know.
With their experience and deep networks, they are able to retain various expert witnesses for accident reconstruction. Other bases of product liability include defective lights, poor design, seat defects, and more.
State Agencies
In some cases, state agencies may bear liability in a La Porte motorcycle accident. The state is legally responsible for constructing and maintaining roads, making them passable and safe for all motorists. Roads riddled with loose gravel and potholes are a risk to motorists, particularly bikers.
These conditions expose them to skidding, toppling, and sliding. A personal injury attorney will protect your rights if your accident stemmed from unsafe road design or an improperly maintained street.
Need Help Determining Liability in a La Porte Motorcycle Accident?
Determining fault in a motorcycle accident is extremely difficult for most people. The guidance of a skillful motorcycle accident lawyer is necessary for handling your case as you focus on recovery.
Call our firm today to request a free consultation.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
