Texas sees more than 10,000 motorcycle crashes per year. While the motorcyclist is usually not at fault in these terrible incidents, the rider and their families must face the resulting pain and injuries. Sadly, many injured motorcycle riders don’t receive the insurance payouts they need to recover. To understand why we need to look at the complexities of Texas motorcycle crashes.
WHY MOTORCYCLE CRASHES ARE MORE COMPLEX
Because motorcycles are smaller and can be harder to spot on the road, identifying them requires more of a driver’s attention. Yet drivers who hit motorcyclists often place the blame on the biker, claiming the rider was in their blindspot. The truth is that the car driver has a responsibility to remain focused at all times and to check their blind spots before merging. Trying to pin the blame on the motorcycle is a common insurance tactic, but doesn’t hold up to an attorney’s scrutiny.
Because motorcycles don’t have the same safety features as a car, crashes tend to cause far more damage to a biker than a comparative hit on an automobile. This means that injured motorcycle riders often need greater insurance payouts and can’t risk the chance of having their rightful compensation garnered from improperly distributed fault.
WHY MOTORCYCLE RIDERS NEED AN ATTORNEY
More often than not, motorcycle accidents are the fault of a negligent driver. Most motorcycle crashes occur when a driver either rear-ends a rider or merges into them. When these crashes occur, it’s crucial that the at-fault driver is held accountable for their negligence.
To claim damages in Texas, the injured must demonstrate that they were less than 50% responsible for the crash. Even then, damages are garnished in proportion to each driver’s fault. That’s why it’s crucial for injured motorcyclists to discuss their case with an attorney who knows the ins and outs of Texas motorcycle law. Properly attributing fault in a crash could be the difference between a smooth recovery and struggling to get back to normal.
COMMON MOTORCYCLE ACCIDENT CAUSES IN TEXAS
Negligence : In Texas, a driver has a duty to drive safely and abide by motor vehicle laws to protect against the risk of harming you. Negligence is where a driver does not use the amount of care that a reasonable driver would use in a given situation and this lack of care results in your injury. Examples of negligence may include texting while driving, speeding, driving under the influence, failing to signal lane changes, and disobeying traffic signals. If a driver’s negligence caused your motorcycle accident, then you can sue that driver in addition to their insurance company to receive compensation for your injuries. Keep in mind that to prevail in a negligence lawsuit in Texas, you must demonstrate that you are less than 50 percent responsible for the accident.
Defective Equipment: Like any motor vehicle, motorcycles can be comprised of defective equipment or parts. If your motorcycle has a defective part, it could lead to an accident in which you are seriously injured. If someone manufactures, distributes, or sells you a motorcycle with a manufacturing defect or design defect, then you could use them for your injuries.
Failed Government Repairs: Poorly maintained road conditions might reflect failed government repairs. For example, the road might contain potholes, icy patches, or surfaces that have eroded. Other examples include uneven pavement, inadequate or confusing signs, faded paint marks, damaged traffic signs, badly installed guardrails, and poor lighting. Since the government is responsible for designing and maintaining roadways, they can be liable to you if you are injured because of their unsafe roadways.
If you or someone you love suffered serious injuries or even wrongful death in a motorcycle crash, you need someone ready to battle for you. If you’d like an experienced Austin personal injury lawyer from Glen Larson Law Injury Attorneys to evaluate your case, please call (512) 883-0277 or send us an email.
