Motorcycle accidents typically involve more severe injuries than car accidents because motorcycles do not offer the same level of protection as cars. Also, injuries are more severe because motorcycles reach higher speeds than most other vehicles when collisions happen.
Victims of motorcycle accidents in the city of Texas have a variety of factors to consider in order to pursue justice and seek compensation for their suffering. An experienced attorney, like those at Felix Gonzalez Accident and Injury Law Firm, can guide them through the process and maximize their chances of fair redressal. Meanwhile, here is everything you need to know about how the Texas justice system determines liability in such cases.
Filing a negligence claim
If you were injured in a motorcycle accident caused by another driver in Texas, you may file a negligence claim. Under Texas law, negligence allows injured parties to recover damages they suffered through the carelessness of others. Thus, the law considers the other driver negligent if they acted carelessly or failed to take the appropriate action under the circumstances.
To file a negligence claim and get compensation for any injuries sustained, you must be able to prove negligence. Establishing negligence requires that you establish the presence of a duty of care, a breach of that duty, causation, and proof that damages were suffered.
Duty
This refers to the responsibility the other driver owes you; it is also referred to as “reasonable care.” The other driver owes you a level of care that any prudent ordinary person would have shown in a similar situation.
Breach
Next, you must demonstrate that the at-fault party breached their duty of care toward you. In other words, the care they demonstrated toward you falls below the level their duty required.
Causation
Breaching one’s duty of care does not automatically make one liable; their breach must have directly caused the injury. That means no other factors must have contributed to the injuries the injured party suffered. Simply put, it must be proved that the accident and injuries would not have occurred “but for” one party’s actions.
Damages
Finally, the accident caused by the at-fault party’s actions must have incurred some sort of quantifiable damage. This can include lost wages, property damage, pain and suffering, emotional stress, and PTSD; they are classified into economic and non-economic damages.
How do Texas courts determine liability?
In a motorcycle accident case in Texas, the court may review several factors to determine the liable party. These include:
- Whether the parties were adhering to traffic rules when the collision happened
- The state of the vehicle at the time of the accident
- Physical evidence such as broken vehicle pieces and skid marks at the accident scene
- Past histories of reckless driving for the involved parties
- Climatic conditions that may have contributed to the accident
- Whether or not the motorcyclist was putting on protective gear, like a helmet
- Eyewitness testimony, if any
- Expert testimony, if any
- Pictorial evidence of the accident in the form of pictures and videos
Recoverable damages in a motorcycle accident case in Texas
Different legal terms are used in a motorcycle accident, including a crash, accident, or collision. Where “crash” implies that one vehicle was involved, “accident” or “collision” implies that at least two vehicles were involved. As for recovering damages, this is done through insurance claims for crashes, while a lawsuit may be filed for collisions. The injured party may file a personal injury claim for the following monetary damages:
- Hospital bills
- Attorney’s fees
- Loss of income and earning ability
- Loss of future income
- Court costs
- Property damage
Conclusion
As an accident victim in Texas, the most important thing is to get immediate medical assistance to address any emergency treatment that may be needed. When that is done, other things, such as legal actions against the driver, can be instituted. A Texas motorcycle accident or personal injury attorney can help you fight for justice according to the state’s laws. Also, they can help you understand your legal rights and represent you in court if it comes to that.
Source: Felix Gonzalez Law, TX
