Unfortunately, motorcycle accidents are very common in the state of Texas.
Motorcycles are more susceptible to accidents due to their design and can result in very serious injuries when a person crashes while riding one. Texas is a fault state, which means the individual at fault for a motorcycle accident can be held liable for any injuries and other damages sustained as a result. It's important to know how fault is determined in a motorcycle accident.
Comparative Fault Laws
In general, if you are on a motorcycle and get into an accident with another vehicle, it may be possible that you will be required to prove that you weren't at least partially at fault. Texas has laws known as comparative fault, which means that if you are found to be partly responsible for the accident, the amount of compensation you are seeking will be reduced by that percentage whether you are seeking it through the other driver's auto insurance or in court. However, there are also situations that automatically point to the other person as being at fault.
Traffic Law Violations
You can look toward Texas state traffic laws to determine fault for your motorcycle accident. If the other driver blatantly violated these laws, it can help your case. Violations can include running a red light or going through a stop sign, speeding, failing to yield, not signaling while changing lanes and more. It's important to research the specific situation that applies to your accident in the Rules of the Road handbook online or at your local DMV office.
Rear-End Collisions
If your motorcycle was struck from behind by another vehicle, it is proof that the other driver was at fault for the accident. Even if you abruptly stopped, if the other driver was traveling too closely behind and struck you, it's usually due to following too closely and not giving enough room between your motorcycle and the other vehicle.
Left Turn Accidents
Just as with rear-end collisions, left turn accidents are almost always the fault of the driver making the left turn. As a result, if you were struck by a car making a left turn while on your motorcycle, you can use that as proof of fault. The only exceptions to this rule are if the individual traveling straight went through a red light or was speeding.
Police Reports
If you want to prove fault in your motorcycle accident, you should also get a copy of the police report of the incident. The report may also state whether the responding officer wrote a ticket to the other party for any traffic violations. A police report can serve as strong proof of fault. You can obtain a copy at your nearest police station.
Other situations, such as the weather and whether the driver was under the influence of alcohol or drugs can also help to support your claim when you are trying to prove they were at fault for your motorcycle accident. Such information can also be included in the police report.
Contact Brett Cain of Cain Firm
If you have been injured in a Texas motorcycle accident that was not your fault, contact Brett Cain for legal representation immediately. Brett Cain will listen to the story of your accident and start building a strong case so that you can get the compensation you deserve.
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Recent Case Results
The plaintiff, a small business owner, suffered injuries when her vehicle was struck by the defendant. The defendant was held accountable in this case.
The driver of an oil field 18-wheeler truck caused a collision in a Texas town by failing to yield the right-of-way at a stop sign, striking our client’s vehicle. The truck driver claimed that he was not negligent, but we were able to prove otherwise. Our client’s injuries included neck, arm, shoulder, and back pain, including two herniated disks at C5-6 and C6-7 that required surgery to repair.
A driver was cited after an auto accident for making an unsafe turn when he struck our client. Our client needed medical treatment in the trauma unit for both anterior chest wall pain over the clavicle, and pain in the right knee.
The driver of an oil field 18-wheeler truck caused a collision in a Texas town by failing to yield the right-of-way at a stop sign, striking our client’s vehicle. The truck driver claimed that he was not negligent, but we were able to prove otherwise. Our client’s injuries included neck, arm, shoulder, and back pain, including two herniated disks at C5-6 and C6-7 that required surgery to repair.
The matriarch of a Texas family lost her life due to the poor decisions of a college student who was driving too fast for the weather conditions. A young driver’s sports car spun out of control, crossed over the highway divide, and entered directly into a grandmother’s lane of travel. There was nothing that she could have done to avoid the collision. Many times, it’s not the damage caused by the accident, but the aftermath of losing a cherished family member that hurts the most.
The plaintiff, a teacher, was struck by a commercial vehicle while traveling on the George Bush Freeway, North of Dallas. She was treated in the emergency room, and released to receive follow-up medical care from her primary care physician.
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