Motorcycle accidents can result in serious injuries. They lack protective features to cushion riders from harm in case of a crash. Unfortunately, bias and prejudice against motorcycling are among the leading causes of these accidents. Motorists fail to yield to motorcyclists, and sometimes push them off the road deliberately. Such drivers create unsafe conditions that sometimes result in catastrophic injuries and fatalities. Besides motorists, other parties may also be at fault.
According to the National Highway Transport Safety Administration (NHTSA), at least 5,579 motorcyclists were killed in 2020 in the United States. Unfortunately, a majority of these cases are brought about by negligence. When someone fails to observe their legal duty of care toward motorcyclists and other road users, accidents are bound to happen. In the event that you are injured or a loved one is killed in a collision, you have constitutional rights to pursue compensation. Your first order of business is to determine liability in a Houston motorcycle accident. A skilled motorcycle attorney could help.
Before pointing fingers at another person or entity for causing injuries, a person must first establish the basis of their claim. The injured people, also known as the plaintiffs, carry a higher burden to prove that the defendant was to blame for the motorcycle accident where they sustained harm. In Texas, liability in any personal injury case is based on negligence. Establishing a valid injury claim or wrongful death lawsuit requires one to prove the following elements:
The at-fault party must have carried a legal obligation to ensure the safety of others. Put simply, their actions or behaviors must not jeopardize anyone’s well-being. This duty is usually automatic in most states. For instance, motorists are required to observe traffic laws in regard to yielding the right of way to motorcycles.
To prevail in a motorcycle accident claim, a person must also show how the other party breached the duty of care. Their conduct will be compared to how a reasonable person would behave in the same scenario. Breach of duty in a motorcycle accident case could be anything from another motorist speeding or failing to give up the right of way as required.
Proving that the other party owed a duty of care but failed to observe it is not enough to yield satisfying results. The next critical requirement that must be fulfilled in personal injury cases is causation. Generally, the other party’s breach of duty must have been the direct or proximate cause of the accident in which an individual sustained injuries. Causation is a key element in determining liability in a Houston motorcycle accident case. A skilled attorney will be critical to collecting evidence and preparing legal paperwork to clearly link injuries to a crash.
Finally, they must be able to prove the damages for which they claim compensation. Lost wages, medical expenses, rehabilitation costs, lost future earnings, physical pain and suffering, emotional trauma, and diminished quality of life are common damages following a motorcycle accident.
By applying the four elements of negligence in a case, identifying liability in a Houston motorcycle accident becomes straightforward. Comprehensive review and investigation into an accident are important to establish fault on the following parties:
To recover financial compensation, liability must be clear-cut. When a person claims that another driver was responsible for the crash where they got injured, they must equally provide proof showing how negligent they were. It is in an injured person’s best interests to consult a Houston motorcycle accident attorney for help with determining fault.
Texas is a comparative fault state. This means if a person contributed to an accident that caused their own injuries, their case could be affected. Depending on the degree of fault, the final claim could be reduced or the case may even be totally dismissed. Essentially, a person must be 49% or below at fault to be eligible for compensation.
Proving liability in a Houston motorcycle accident is an integral part of making a successful claim. Do not leave anything to chance when our experienced motorcycle accident attorneys are willing and ready to help. Contact Lone Star Injury Attorneys to discuss fault and how we could move forward until a beneficial outcome is achieved.