Liability in a Bellaire motorcycle accident may be difficult to determine, especially when there are two or more parties involved. Understanding how fault is assigned is a big step towards knowing where you stand as far as compensation is concerned. At Lone Star Injury Attorneys, we leave nothing to chance when determining who caused a crash that was foreseeable and preventable.
In order to successfully sue someone else for having caused your motorcycle accident, you must show how they were negligent in the first place. Proving negligence in a personal injury case or wrongful death claim entails demonstrating that the other party failed to meet certain criteria in the moments before a crash. You must prove all elements of negligence as they relate to:
Duty of Care
Duty of care means that the other party or person owed you a responsibility to exercise reasonable care for your safety. For example, motorists have a duty to observe laws regarding the right of way for motorcyclists. This means they shouldn’t cut off bikers or behave aggressively toward them.
Breach of Duty
Breach of duty means the defendant failed to meet the obligation discussed above. This may occur in many ways such as road rage, cutting off motorcyclists, or failing to yield the right of way, among other behaviors. Breach of duty can be proven using eyewitness statements, police reports, and traffic footage among other forms of evidence.
Causation
Simply put, causation when shaping liability in a Bellaire motorcycle accident means showing that the defendant’s behavior, whether in action or omission, caused your injury. You must demonstrate that the accident may not have happened if the other party was careful and mindful of your safety.
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Damages
Damages in a motorcycle accident case are the tangible and intangible losses the plaintiff suffers, and for which he or she claims compensation. They may cover lost wages, medical expenses, lost future income, physical pain and suffering, emotional distress, and property repair costs. A skilled motorcycle accident lawyer will explain the significance of each element in determining liability in a Bellaire motorcycle accident case.
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Who Bears Liability in a Motorcycle Accident?
All parties on our roads must exercise caution and promote road safety at all times. This means adhering to rules regarding traffic safety. Besides motorists, other key stakeholders in the transport sector must equally do what they must to ensure safety for all. Let’s take a closer look at some of the people who are likely to bear liability in a Bellaire motorcycle accident:
Government Agencies
Government agencies both at federal and state levels must do their part in ensuring traffic safety. Any failure to meet this obligation may be met with the full force of the law. Because some of them are often immune to legal action, you may want to discuss with a knowledgeable Bellaire motorcycle accident attorney about what other options may be available.
Motorists
Motorcycle accidents involving other motorists are usually attributed to aggressive driving, drunk driving, distracted driving, and inexperienced driving. If you are struck by a driver exhibiting any of these behaviors, you are likely to have grounds to pin the fault on them. You may have a chance of filing a claim with their insurance carrier, vehicle owner, or employer.
Motorcycle Manufacturers
Sometimes, faulty systems and defective parts cause motorcycle accidents. In case you were hurt because of a defect on your motorcycle or the vehicle that hit you, a skilled attorney may help you identify ways to hold the manufacturer and distributor responsible.
When a Motorcycle Accident is Partially Your Fault
One of the most critical questions you must answer when determining liability in a Bellaire motorcycle accident is your role in the crash. Generally speaking, another party must have been at fault for you to bring a claim. Nevertheless, you must distance yourself from the crash as much as you can if you are to be eligible for compensation. This is because Texas is a comparative fault state, meaning that each party is assigned fault based on their contribution to the accident.
While each party’s level of fault may be anywhere between 0-100%, your percentage of the fault in the crash must be 49% or below to qualify for settlement. The damages you receive are further reduced based on your percentage of fault. For example, if your damages are worth $100,000, and you are 30% at fault, you only receive $7,000. This is among the reasons why you should work with an experienced law firm to ascertain liability in a Bellaire motorcycle accident.
Work With a Bellaire Attorney for Help Proving Liability in a Motorcycle Accident
Holding the right party accountable after a motorcycle accident can be challenging, but you don’t have to face it alone. A Bellaire attorney can and will fight for you, gathering evidence and building a strong case. Contact us today for dedicated legal support and guidance on proving liability in your Bellaire motorcycle accident.
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