Finding fault in a motorcycle accident can be hard. Depending on the crash, other drivers, government entities, or manufacturers may be responsible. If someone else caused your injuries, a Farah Law lawyer can help find who is at fault.
Proving Negligence in Texas Motorcycle Accidents
To hold the at-fault party responsible for your injuries and losses, you must prove they were negligent. Negligence has four parts: duty of care, breach of duty, causation, and damages. In simple terms, you must show they had a duty to act with care, failed to do so, and caused your injuries and losses.
When finding who is at fault in a motorcycle accident, our lawyers may first work to understand what happened before the crash. We may use an accident reconstruction expert to learn more about the accident. We may also collect crash scene evidence, traffic camera footage, and forensic evidence to build your case.
Parties That Could Be at Fault for a Motorcycle Accident
While passenger car drivers are a common cause of motorcycle accidents, fault may not always lie with another driver. Depending on the crash, multiple parties may be liable. Government entities may be responsible if unsafe roads, potholes, missing signs, or poor road design caused the accident.
Vehicle and parts makers may be liable if a defective part, such as faulty brakes or tires, caused or worsened the crash. Motorcycle safety equipment makers may also be liable if their products fail to protect you or make your injuries worse.1 At Farah Law, we review all parties who may be liable to help you seek maximum compensation.
Shared Fault in Motorcycle Accidents
Texas uses a modified comparative fault system2 that lets you seek compensation even if you share fault for your accident. This is known as the 51% bar rule because you can recover compensation if you are 50% or less at fault. Your compensation is reduced based on your share of fault.
For example, you may be found 10% responsible for a crash because your headlights were off while driving near dusk, while the other driver is 90% responsible for being distracted. If your injuries and losses total $100,000, you would receive $90,000 after your 10% share of fault is deducted.
Insurance adjusters may use unfair stereotypes about motorcyclists, claiming riders are reckless, to shift blame and reduce payouts. While motorcycle accidents3 account for over 16% of all fatalities, this does not mean riders are always at fault.
An experienced motorcycle accident attorney can help protect you from these tactics. At Farah Law, we build a strong case using clear, reliable evidence to help you seek the maximum compensation you deserve and place blame where it belongs.
Evidence Used to Determine Fault
A motorcycle accident attorney can use evidence to support your claim and show the other party was at fault. This may include skid marks, road marks, paint transfer, and damage to your helmet or clothing. Traffic cameras, dash cams, and nearby store videos can also help, but they must be collected quickly before they are deleted or recorded over.
Sources:
1 https://www.nhtsa.gov/road-safety/motorcycles
2 https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=33.001
3 https://injuryfacts.nsc.org/motor-vehicle/road-users/motorcycles/
