How Liability Is Determined In a Motorcycle Accident
Motorcycles are more susceptible to accidents than other motor vehicles. Any collision is likely to have severe consequences for the rider. There are several factors that may determine liability of the accident including:
Texas requires that any individual operating a motor vehicle take adequate precautions to avoid causing harm to other road users. Negligence occurs when a driver fails to take proper care in their actions. Examples include:
- Swerving in front of a motorcycle
- Making a sharp left-turn
- Not looking out for motorcycles properly
- Driving distracted
- Opening a vehicle’s door in the path of a motorcyclist
- Maneuvering without checking blind spots
- Driving impaired
- Failing to yield
- Making sudden stops
- Making unsafe lane changes
- Not leaving enough room between vehicles
Liability in these circumstances is fairly straightforward. The negligent driver will likely be liable for any injuries or damages.
Mechanical failure is among the common causes of motorcycle collisions. This often occurs because of faulty design or faulty manufacturing. If the motorcycle accident was caused by a defective component or flaw that made the motorcycle unsafe, the injured party may have claims against the manufacturer or seller.
Motorcycles are also prone to road hazards such as:
- Rough and bumpy roads
- Edge breaks
- Gravel on pavement
- Expansion joints
- Open bridge joints
- Slippery surfaces
- Standing water after a rainfall
If you have been injured in a motorcycle collision that was caused by road hazards or fallen debris, a public entity or the debris owner may be responsible for liability. In Texas, public governmental organizations have the duty to maintain the highway and ensure that roads are in a safe condition for all Texas citizens and motorists.
What to Do After a Motorcycle Accident Injury
A motorcycle accident can have devastating consequences. After the collision, you may be confused, injured, and frustrated. Regardless, you need to remain calm so you can take the steps necessary to establish liability. If you were injured in a motorcycle accident, the first thing to do is to receive immediate medical attention. Your health is the most important. The next steps to take include:
- Collect all relevant information such as the other driver’s phone number, license number, accident scene pictures, police report, and witness statements.
- Document all of your medical costs, treatments, and doctor’s appointments.
- Retain an experienced motorcycle accident attorney to help you file claims or negotiate with the insurance company.
If your loved one was hurt in a motorcycle accident, you can hire a personal injury attorney to help you file a personal injury claim. Likewise, if the motorcycle collision resulted in the death of your loved one or family member, an attorney can help you file a wrongful death claim. Regardless of the situation, you should always seek the guidance of a knowledgeable personal injury lawyer.
How a Personal Injury Attorney Can Help
Motorcycle collisions are a serious problem in Houston, Texas, resulting in numerous injuries and fatalities every year. In 2018, about 418 motorcyclists, including operators and passengers, lost their lives in a motorcycle accident.
Being involved in a motorcycle accident or losing a loved one can affect your physical, financial, and emotional health. However, you’re not alone. For more than 17 years, I have dedicated my career to protecting the rights of motorcycle accident victims. As your attorney, I will assist with the following matters:
- Review your case, carry out a comprehensive investigation, and gather all necessary evidence.
- Determine case-value and help establish liability.
- Handle communication and negotiations with the insurance company.
If you need to file a personal injury or wrongful death lawsuit, I will represent you compassionately and help you pursue fair financial compensation for your injuries, damages, or loss. I will fight to get you a favorable outcome in your personal injury or wrongful death claims.