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Finding Fault For A Motorcycle Accident In Texas

Tuesday, September 3rd, 2019
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Riding a motorcycle in any state is enjoyable, but Texas offers a variety of roads to travel and environments to experience. As fun as these vehicles can be, they are also dangerous. In 2018, there was a total of 436 fatalities in motorcycle accidents in both rural and urban areas of Texas. It is vital to understand the dangers of motorcycle wrecks and how to handle them. But, you should also know about fault and duty of care when it comes to these crashes.

Duty of care

Duty of care applies to motorcyclists and drivers. The size of motorcycles poses unique risks to riders and issues for other drivers too. They must be especially aware of motorcyclists on the road. This can be difficult in some areas due to road conditions, location, and the behavior of the rider(s). Riders must be cautious, aware of other vehicles, and avoid using their motorcycle to disobey traffic laws.

One situation where the presence of a motorcycle causes unique circumstances is when a driver is making a left hand turn at an intersection. Often, drivers cannot see a motorcyclist when making this type of turn. Drivers can meet their duty of care by looking for motorcycle riders as often as they do other cars or pedestrians. Motorcyclists have their own duty of care to wear a helmet, respect other drivers, and avoid lane splitting.

Common causes of motorcycle accidents

These accidents don’t just happen when people aren’t paying attention or are breaking traffic laws. Road conditions also have an impact on safety. Motorcycle riders must deal with bad road conditions differently than those who drive. This is because of the size of the vehicle. Rain and sleet can make getting traction difficult for motorcyclists, as can debris like grass clippings and fallen leaves. Uneven road surfaces, potholes, and deceased animals in the road can also cause motorcycle accidents. Assigning fault or pinpointing a lack of duty of care is difficult or irrelevant in many of these cases.

How is fault determined after a motorcycle accident?

If you were hurt by a driver, you can seek an insurance claim or possibly lawsuit. The insurance companies and personal injury attorneys involved in your case will need to determine who or what caused the accident. This usually involves looking at who failed to meet the duty of care. Because they focus on finding fault, each side will need to determine what happened and who is to blame.

In Texas, both parties can be at fault for a motorcycle accident. If the victim seeks compensation and is less than 50% at fault, they can be awarded damages. If you were hurt in a motorcycle accident, there are some steps you can take to ensure that you get the compensation to deserve.

  1. Go to the hospital. It is important to seek medical attention after a motorcycle accident, even a small one. Some injuries take time to show up and aren’t felt immediately, like internal bleeding.
  2. Stay at the scene if possible. If you do not need immediate medical attention, stay at the scene of the accident. Paramedics will arrive to evaluate you and police will make a record of the incident.
  3. Take pictures of the cars, the scene, etc. with your phone.
  4. Get witness names, phone numbers, email and ask them to speak to the police.
  5. Get the other driver’s insurance information and their contact information.
  6. Answer all questions truthfully for an accurate record to be made.
  7. Do not apologize for the accident if you didn’t do anything wrong. This could hurt your chances of getting compensation.
  8. If you have any doctor’s appointments, attend all of them. Also, make sure your medical records are accurate and clear about the wreck causing your injuries.
  9. Do not talk to the other party’s insurance company without an attorney.

Get help after a motorcycle accident in Texas

Motorcycle accidents are stressful, especially if you were seriously injured because of someone else’s negligence. Attorney Dean Boyd and his Team can help you handle your case and get you the compensation you deserve. You can reach us at (806) 242-3333 or Send Us an email to learn more about our Motorcycle Accident Services and getting your free consultation. You can also visit us in person at 4423 SW 45th Ave in Amarillo, Texas or 10623 Quaker Ave #102 in Lubbock, Texas.

*The content on this website is for informational purposes only and should not be taken as legal advice. Viewing this information does not establish/constitute an attorney-client relationship with the law firm of Attorney Dean Boyd.