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.
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.
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.
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.
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.
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.
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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