Given the relative lack of safety equipment on a motorcycle compared to a typical passenger vehicle, riders must be especially careful to avoid roadway accidents. Unfortunately, many drivers do not treat motorcyclists with the level of caution that they should, commonly leading to preventable accidents and serious injuries.
If were recently hurt in a motorcycle crash that someone else caused, one of the well-practiced personal injury attorneys at Haines Law can help you seek a fair settlement for your damages. After examining the details of your case, our League City motorcycle accident lawyers will work with you to construct a comprehensive demand package to present during settlement negotiations.
Proving Liability for a Motorcycle Wreck in League City
Holding someone else liable for a motorcycle collision requires proving through a preponderance of evidence that they were legally negligent at the time of the accident. This typically means showing that the defendant did something unreasonable behind the wheel and subsequently caused your injuries and damages as a result.
Evidence like eyewitness testimony and security camera footage can be used to show whether a driver did something careless at the time of the motorcycle collision, such as changing lanes without looking, exceeding the speed limit, or texting while driving. Either way, the assistance of a skilled attorney is often crucial to building a strong case for compensation and resolving a motorcycle crash claim in a timely manner.
Fighting Allegations of Comparative Fault
While motorcycle riders have the same legal rights and responsibilities as other licensed drivers, there is still an unfortunate degree of prejudice against motorcyclists in many situations and a common misconception that they are somehow prone to act irresponsibly. Accordingly, many defendants try to shift blame onto the injured motorcyclist, which can significantly limit compensation if the case proceeds to court.
Texas Civil Practice and Remedies Code §33.001 states that any plaintiff who bears more liability for their injuries than the defendant may not recover any damages. Furthermore, if you are less than 50% responsible for your own injuries, Tex. Civ. Prac. & Rem. Code §33.012 allows the court to reduce your final damage award according to your share of the blame.
In light of these potential limitations on recovery, you should let one of our motorcycle crash lawyers contest all allegations of comparative fault on your behalf when negotiating for a settlement. Our attorneys have experience winning fair settlements for motorcycle wrecks and could be an invaluable ally during every stage of negotiation.
Talk to a League City Motorcycle Accident Attorney Today
Undergoing lengthy legal proceedings to hold another person liable for the effects of a motorcycle collision may seem like an exhausting endeavor while you are dealing with serious injuries in the aftermath of such a wreck. Fortunately, with help from a qualified legal professional, you can settle your claim out of court and achieve a positive resolution to your legal battle in a timely manner.
Our experienced League City motorcycle accident lawyers will stand by your side throughout settlement negotiations and all the way to civil court if necessary. Call Haines Law today to learn more about the possibilities in your case.