Motorcycles are at increased risk of being involved in serious accidents due to their design, and these crashes can result in catastrohpic injuries for the rider. Texas is a fault state, meaning that the individual at fault for the motorcycle accident can be held liable for any resulting injuries and other damages. It is crucial to understand how fault is determined in a motorcycle accident in order to recover deserved compensation.
Texas’ Comparative Fault Laws
In most cases, if you are on a motorcycle and involved in a crash with another vehicle, it may be possible that you must prove that you were not partially at fault. Texas implements a comparative fault system, meaning that if you are found to be partially liable for the collision, the amount of compensation you are seeking will be reduced by that percentage — regardless if you are seeking it through the insurance provider of the other driver or in court. However, there are some situations that can automatically determine that the other party is at fault.
Traffic Law Violations
In order to determine fault for a motorcycle crash, you can look toward Texas state traffic laws. If the other driver violated these laws, it can greatly help your case. Violations may include running a red light or stop sign, speeding, failure to yield, or even forgetting to signal while changing lanes. It is advised that you research the specific situation related to your case with the help of a qualified Houston personal injury lawyer.
Rear-End Crashes
If your motorcycle was hit from the rear by another vehicle, it is evidence that the other driver was at fault for the crash. Even if you stopped abruptly, if the other driver was traveling too closely and hit you, it is often due to failing to provide enough room on the roadway.
Left-Turn Collisions
Similar to rear-end crashes, left-turn crashes are nearly always the fault of the driver making the turn. Because of this reality, if you were hit by a vehicle making a left turn while on your motorcycle, this can be used as proof of liability. There are some exceptions to this rule, such as whether the individual traveling straight ran a red light or was speeding.
Accident Reports
If you want to establish fault in your motorcycle accident, you need to obtain a copy of the police report for your crash. The report will state if the responding officer wrote a ticket to the other party for any traffic violations. A police report can provide strong proof of liability. You can obtain a copy at your local police station.
Other conditions, including weather and if the driver was under the influence of drugs or alcohol, can greatly help your claim when you are attempting to prove that they were at fault for your motorcycle accident. This information may also be included in your accident report.
Motorcycle Crash Attorneys in Houston
After a crash, you need the best motorcycle accident lawyer to help you recover the compensation you deserve. West Loop Law and the Law Office of Nhan Nguyen, MD, JD has a legal team you can trust to fight for your case and make sure that your legal rights are protected. An experienced Texas personal injury attorney can help you feel confident that your rights are secured and that there is a committed team on your side. Give us a call today at 713-840-7200 to discuss your options for possible compensation.
Recent Comments