If you have recently been in a motorcycle accident, you may still be traumatized by the event. Injuries following a motorcycle crash can alter the course of your life exponentially. When someone else is to blame for your misfortune, they should be held accountable.
At Lone Star Injury Attorneys, our motorcycle accident lawyers in Texas City believe that no accident occurs out of the blue. There are telltale signs that, if ignored, increase the likelihood of a crash.
For instance, if a motorist fails to yield or runs a red light, they are placing others at risk. If a crash occurs and someone is injured as a result, they may be held legally responsible.
Liability in a Texas City motorcycle accident is often disputed even when it’s straightforward, but our attorneys may help.
How Do I Establish Fault in a Motorcycle Accident?
To establish liability in a Texas City motorcycle accident, you must, first of all, determine the role of negligence in the circumstances that caused the crash.
Simply put, negligence is the failure to exercise reasonable care under the circumstances. So when determining the party responsible for the harm and damages you suffered, you must show how they failed to act as a reasonably prudent person would have under similar circumstances. Fundamentally, you must show the following elements:
A Duty of Care Existed
Depending on which party you are suing, proving that they owed you a legal duty of care must be contextual. For example, if you are filing a claim against a driver, the duty of care is straightforward since all motorists are obliged to behave reasonably while operating a vehicle.
This duty usually boils down to following traffic rules and regulations.
The Duty Was Breached
When you say the duty of care was breached, what you mean is that another prudent or reasonable person would have acted or behaved differently in similar circumstances.
So continuing with our example, any driver who flouts traffic rules is considered to have breached the duty of care. Common ways a breach may be exhibited include running a red light, distracted driving, drunk driving, road rage, and failure to yield, among other behaviors.
Causation
Another element of negligence that is key to establishing liability in a Texas City motorcycle accident case is causation. You must demonstrate how the breach of duty by the other party, otherwise referred to as the defendant, resulted in the injuries you suffered.
It is easier for insurance companies and the at-fault party to deny your claim, alleging the injuries existed before the crash or are not as serious as you purport.
The best way to prove causation is to seek immediate treatment to help link your injuries to the specific accident and hire a motorcycle accident lawyer.
Damages
Lastly, you must show proof that the injuries you suffered also caused further losses in terms of finances and non-economic damages.
Non-economic losses such as emotional trauma, physical pain and suffering, loss of consortium, and diminished quality of life are difficult to quantify unless you enlist the services of a skilled motorcycle accident attorney.
For a free legal consultation, call (713) 429-0711
Who Can I Sue After a Motorcycle Accident in Texas City?
Once you have established the discussed elements of negligence as the basis of your motorcycle accident case, the following parties may bear fault depending on the specific circumstances of the crash:
- Another driver for negligent driving if your crash involved a motorist
- Motorcycle manufacturer due to defective parts or mechanical issues
- Motorcycle dealership that knowingly sold a faulty motorcycle
- A government entity for dangerous road conditions, subject to notice requirements and sovereign immunity laws
- Other parties for careless behavior
A trustworthy attorney can help you discover liability in a Texas City motorcycle accident case without you having to worry. Working with an experienced legal team can help you pursue compensation with greater confidence and peace of mind.
Should I Accept Settlement Offers?
Many personal injury cases involving motorcycle accidents do not go to trial. Although you have the right to file a lawsuit in court, the first settlement option is usually dealing with insurance companies.
Most of them are quick to make settlement offers once an indisputable claim is filed. While this is the good news you want after suffering a financial rollercoaster, you should not rush to accept any offer unless you are sure about the value of the losses suffered. Hiring a resolute motorcycle accident attorney can help you get value for your damages.
Your legal team will assess and discover all damages you may be entitled to, and help you negotiate a fair settlement with insurers.
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Get All Your Questions Answered Today
If you have any questions regarding liability in a Texas City motorcycle accident case, we are here to help. Feel free to call our offices or reach out online to schedule a free consultation. Our motorcycle accident attorneys are available 24/7.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
