Motorcyclists have the same right to use Texas roads as other motorists. Unfortunately, there’s a widespread bias against them, especially from drivers, making them among the most endangered groups on our roads. Although there are isolated cases where some are reckless, motorcyclists are not always to blame for motorcycle accidents.
Oftentimes, motorcyclists take great precautions and move around safely since they already know the dangers lurking. They lack proper safety features to protect them from severe harm in case of an accident, leaving much of the body exposed even when wearing a helmet.
When you are injured, speaking with a motorcycle accident lawyer in Pearland can help you determine liability and pursue compensation for the losses that follow.
Establishing Liability in a Pearland Motorcycle Accident Case
Establishing liability in a Pearland motorcycle accident revolves around negligence and the Texas proportionate responsibility law. Before you can pursue compensation, you must determine the party or parties responsible for the crash. This generally requires proving the following elements:
Motorcycle Manufacturers
It’s not always that a motorcyclist or another motorist is to blame for a motorcycle crash. Sometimes, an accident may occur due to a motorcycle’s or an auto’s defective part or system.
For example, when a defective tire blows up or the brakes fail to deploy, a devastating crash may occur. In these cases, the manufacturer of the faulty part may bear liability for the accident and carry financial responsibility for the losses incurred by the victims. Maintenance companies may also be held liable if negligent repairs or inspections contribute to a crash.
Most companies have a legal department ready to deny liability on their behalf. They jump right into action to protect their interests whenever a claim is brought forward.
Therefore, handling your Pearland motorcycle accident claim on your own may not be a great idea. You should level the playing field and protect your rights, too, by retaining a reputable attorney.
Negligent Motorists
Many motorcycle accidents are caused by negligent drivers. Some hold the narrative that motorcyclists shouldn’t share the same roads, and thus act and drive aggressively against them. This is wrong and uncalled for. Like other motorists, motorcycle users have the right to ply Texas roads whenever they wish.
Drunk driving, distracted driving, unsafe lane changes, speeding, and failure to yield are also common ways that motorists are negligent.
If a careless driver caused the accident where you were injured, you may pursue compensation from their employer if they were working at the time of the accident. This frequently arises in accidents involving commercial vehicles.
Local/State Agencies
Motorcycle crashes may also occur due to poor road networks, unsafe road designs, and poorly marked intersections. For example, if a road intersection is designed in a manner that blocks the view for motorists, they can easily collide with motorcycles. Such scenarios may expose construction companies to liability for negligent road design.
Local government agencies may also bear liability in a Pearland motorcycle accident case for failure to carry out proper road maintenance.
However, some government entities have limited liability and special notice requirements under Texas law, so it’s crucial that you discuss your case with an experienced motorcycle accident attorney first.
Damages in a Pearland Motorcycle Accident Case
Damages in a motorcycle accident case vary from case to case. The compensation you get will be dependent on the specific losses you suffered after the crash.
Normally, injured persons may sue for:
- Lost wages for time not worked
- Past and future medical expenses
- Loss of future earnings
- Physical pain and suffering
- Emotional trauma
- Rehabilitation costs
- Wrongful death
- Out-of-pocket expenses
- Property repair costs
A qualified Pearland motorcycle accident attorney is crucial to discovering the full extent of your losses and their implications on your present and future.
Consult With Our Motorcycle Accident Attorneys
Determining liability in a Pearland motorcycle accident case is a necessity before you can recover any damages. It’s important that you discuss your accident with a skilled legal team that understands how fault works.
Speak with the dedicated motorcycle accident attorneys at our firm today.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
