Motorcycle accidents are far more dangerous for riders than they are for drivers in cars. When someone in a truck or a car crashes into a motorcycle, the rider is at greater risk of injuries and is more likely to spend time and money recovering from fatal injuries.
If you drive a motorcycle, you are often at the mercy of the four-wheeled vehicles you share the road with. To receive compensation for damage caused by negligent motorists, you need to learn how to prove that you are not at fault.
How is negligence determined?
In Texas, proving negligence is accomplished by using evidence such as dashcam footage, police reports, eyewitness testimonies and medical records. This evidence, combined with the following four key elements, determines who is at fault:
- Duty of care: Motorists have a duty to drive with care and avoid causing problems for other people on the road.
- Breach of duty: When a motorist drives recklessly and unlawfully, they breach their duty of care.
- Causation: Breaches of duty lead to accidents on the road, causing the driver and potentially other people significant harm.
- Damages: In light of an accident, careless drivers and the people affected suffer financial losses caused by medical bills, property damage and lost wages.
Determining who is at fault does more than prove who is responsible for the accident. It also allows victims to recover financially. Another driver’s negligence can leave injured motorcyclists facing expensive medical bills and repair costs, making monetary compensation essential.
According to Chapter 33 of the Texas Civil Practices & Remedies Code, a person who gets into an accident and their percentage of responsibility is 50% or less can recover damages. However, how much they are eligible to recover depends on how much they are at fault. On the other hand, if a person gets into an accident and their percentage of responsibility is 51% or higher, they cannot recover damages.
Moving forward after a motorcycle accident
Even if you receive compensation for the injuries and property damage you have suffered due to the negligence of another driver, it will take a significant amount of time to heal your wounds. Some of these wounds may be physical, whereas others might take the form of trauma and fear of riding a motorcycle again.
Many motorists consult their attorneys to guide them through their rights and what they can do to move forward after experiencing motorcycle accidents. Help from a legal professional lets drivers navigate complex laws and compensations they are entitled to.
