Home > Practice Areas > Vehicle Accidents > Motorcycle Accidents > Who's to blame?
Who’s To Blame for Your Texas Motorcycle Accident?
When a motorcycle accident occurs, fingers start pointing. The driver of the car or truck that collided with the motorcycle may claim the motorcyclist caused the crash by riding into their path, while the motorcyclist may contend the truck or car failed to see or acknowledge the motorcycle. Fingers may even point to the motorcycle manufacturer for an alleged defect.
At The Bob Richardson Law Firm, we believe that only an extensive investigation can sort out these issues. That’s why we thoroughly examine accident scenes, consult with highly qualified experts and use the latest in technology to develop cases for our clients.
Our Texas motorcycle accident attorneys have more than 30 years of experience in investigating motorcycle crashes, and we have compiled a record of securing favorable verdicts and settlements on behalf of motorcycle accident victims in Austin, Waco, Round Rock, Georgetown, Killeen, Temple, Cedar Park, Lakeway, Taylor, Belton and surrounding Texas communities.
To learn about how The Bob Richardson Law Firm can help you with your motorcycle accident case, call us today toll-free at (800) 880-5100 or use our online contact form. We can provide you with a free case evaluation, and we won’t charge for our legal services unless we are successful recovering damages on your behalf.
Determining Fault in Texas Motorcycle Accident Cases
In 2009 alone, 449 fatal motorcycle crashes occurred in Texas and 5,445 accidents caused serious injury, the Texas Department of Transportation reports. Each of these motorcycle wrecks involved unique facts and circumstances and varying degrees of fault.
When we investigate a crash, the Texas motorcycle accident attorneys of The Bob Richardson Law Firm will seek to answer the following questions:
- Did the motorcycle rider cause the accident? A motorcyclist’s own errors may cause a crash, such as speeding on roads slickened by rain, snow or ice; making a dangerous turn or pass; or going through a stop sign or traffic light. In some cases, a motorcyclist may trigger his or her own accident by riding while impaired by alcohol or drugs. When this occurs, a motorcycle passenger or the driver of another car may have a valid negligence claim for damages against the motorcyclist.
- Did the other vehicle cause the accident?
Although car and truck drivers will frequently try
to pin blame for a collision on the motorcyclist,
the truth is that the other vehicle is at fault in
the majority of motorcycle accidents. Examples of
how the other vehicle can cause a wreck include:
- Failing to check mirrors and blind spots and failing to see the motorcycle
- Trying to share a lane or pass the motorcycle and running it off the road
- Making a turn or changing lanes ahead of the motorcycle without a turn signal
- Following the motorcycle too closely
- Braking suddenly while a motorcycle is traveling behind the vehicle.
- Did the motorcycle cause the accident? In some cases, neither the motorcyclist nor the driver of the other vehicle may be at fault. Instead, the motorcycle itself may be to blame. Common motorcycle defects include soft brakes, tire blowouts, faulty wiring or lights and fuel system leaks that can trigger fires and explosions after a collision occurs.
- Did the roadway cause the accident? Even when a motorcyclist is following every safety rule, they may be harmed by a defect in the road, such as a pothole or uneven pavement. When this occurs, the state, city or county may face liability for the injuries a motorcyclist suffers.
Even if a motorcyclist is partially at fault for the accident, they won’t necessarily be barred from recovery. Texas has adopted a comparative responsibility scheme. This means that your damages in a motorcycle accident may be reduced in proportion to the percentage of your fault. For instance, if your total damages are $50,000, and you are determined to be at 50 percent at fault, your recovery would be limited to $25,000. If you are 51 percent or more at fault, you would be barred from collecting any damages
At The Bob Richardson Law Firm, our Texas motorcycle accident lawyers will work hard to determine what occurred in your accident and to make sure that you and your family are fully and fairly compensated for the harm you have suffered.
Contact Our Texas Motorcycle Accident Insurance Attorneys Today
Texas has a two-year statute of limitations for personal injury and wrongful death cases. Depending on the parties involved in your motorcycle accident, the deadline for taking action may arrive even sooner. That’s why it’s important to contact a skilled and experienced Texas motorcycle accident attorney immediately after you’ve been involved in a wreck.
If you or a family member has been injured in a motorcycle accident in Austin, Waco or the surrounding Texas communities of Round Rock, Georgetown, Killeen, Temple, Cedar Park, Lakeway, Taylor or Belton, call us today toll-free at (800) 880-5100 or use our online form to learn more about how we can help you. We can provide you with a free case evaluation and answer your questions. We won’t charge you for our services unless we recover for you.
