Motorcycle accidents are often tragic for riders and their passengers. Those lucky to survive face a great deal of pain and suffering from the injuries they suffer. Unfortunately, some crashes result from the negligent behaviors of other drivers who may look down on motorcyclists and refuse to share the roads and highways. The only solace for victims is their eligibility for monetary compensation for their injuries and losses.
Proving liability in a Katy motorcycle accident case requires much more than just saying you were injured. You need to prove that the defendant breached their legal duty of care towards you. A skilled motorcycle accident lawyer is a great ally and asset in your pursuit of justice. Through their expertise and experience handling similar cases, proving your case becomes easier compared to when you self-litigate. One of the most important areas that your attorney works on is liability.
Why Do I Need an Attorney When Determining Liability in a Motorcycle Wreck Case in Katy?
Not all motorcycle accidents require an attorney. But when someone is permanently injured or killed, it’s in your best interests that you speak with an attorney. To begin with, most personal injury attorneys do not charge consultation fees. Therefore, you have an opportunity to discuss your case with a professional at absolutely no cost.
As earlier mentioned, liability in motorcycle accident cases is among the grey areas that call for careful review. Your ability to recover a beneficial outcome from your case is dependent on how well you establish fault on the part of the defendant. Regardless of how willing the other party is to admit fault, it’s highly unlikely that their insurance companies will play the same tune. Insurance adjusters are in the business of making maximum profits. This includes lowering or denying your injury claims. To avoid this, you ought to have an expert legal team when establishing liability in a motorbike wreck case in Katy.
What if I Was Partly At-Fault for My Injuries?
It’s not uncommon to come across motorcycle accident cases where the injured party is partly to blame. Luckily, such parties are also eligible for compensation as long as their degree of liability falls under 50% (49% and below). However, the final payout will be lowered based on your percentage of fault. You must discuss this with a knowledgeable motorcycle accident attorney before speaking to insurance companies. Admitting liability without the counsel of an attorney could hurt your case.
How Negligence Affects Liability in an Accident Claim
Most personal injury claims are based on the concept of negligence. To a great extent, this concept asserts that the defendant acted recklessly without much thought about your safety. To successfully bring a motorcycle accident claim against another person for your injuries and damages, you need to prove the following elements of negligence:
- The defendant owed you a legal duty of care. It’s no debate that all road users have a legal duty of care to maintain. In the case of a motorcycle accident, other motorists must adhere to traffic rules including those around yielding the right of way.
- The defendant breached the duty of care. Using the example above, if the defendant violated state or federal traffic rules regarding the right of way or following too closely, they become accountable for the accident and damages that follow.
- The breach caused you harm. The major reason why personal injury claims are filed is because someone was injured. To prove this, you need medical reports and expert witness testimonials backing your claims. It’s crucial that you seek medical attention and follow up with your doctor’s treatment plan to document your injuries.
- You suffered damages. Seeking monetary compensation following a motorcycle accident means you suffered tangible or intangible losses. Tangible damages cover losses to which a monetary value can be easily attached. They include lost wages, medical expenses, rehabilitation costs, property repair costs as well as lost earnings. On the other hand, intangible losses cover pain and suffering, loss of quality of life, emotional trauma as well as loss of consortium in the case of wrongful death.
Click to contact our personal injury lawyers today
Our Lawyers Can Help Your Prove Liability After a Katy Motorcycle Accident
Proving negligence when determining liability in a Katy motorcycle accident case requires in-depth knowledge on how negligence plays out in personal injury law. It’s therefore very important that you seek a qualified and reputable motorcycle accident attorney in your area. The attorneys at our firm can help you prove liability and ensure the right parties are held accountable for their negligence. Contact us today to learn more about your case and the legal options you may have.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
