In the most recent year tracked, 600 motorcyclists died from an accident in Texas. Even when a crash doesn’t result in a fatality, it can still lead to devastating effects. Many people suffer from physical injuries, high medical expenses, and missed work for months and years after the accident takes place.

To ensure you are compensated for your collision, you need the best motorcycle accident attorney possible. With the help of a skilled motorcycle accident lawyer, you can prove negligence and build a strong case.

What Is Negligence in a Motorcycle Accident?

Texas is considered an at-fault state for vehicle accidents. This means that whoever caused the accident is responsible for the damages. Because of this, you must prove that the other party is responsible for the accident. If they are considered the at-fault party, then they must cover the cost of the damages.

However, it’s also possible for fault to be shared between different parties. As long as you are responsible for less than 51% of the accident, you can recover damages. The amount you can recover will vary based on the percentage of fault. If you are responsible for 40% of the accident, then you can only recover 60% of your damages.

In legal cases, negligence is when someone fails to act with the level of care typically exercised under similar circumstances. Negligence can refer to the things someone does or doesn’t do. If someone fails to act, it can still be considered negligence if they have a duty to do something. For example, not stopping at a stop sign or signaling a lane change can make someone negligent for the resulting accident.

The Requirements for Proving Negligence

With the help of a motorcycle crash attorney, you can prove who is negligent for your accident. To prove negligence in an accident, the motorcycle collision lawyer will need to demonstrate four key elements.

• • Duty of Care: First, your motorcycle accident lawyer will need to prove that the other party had a duty of care. For example, all vehicles are required to follow Texas laws and operate their vehicles as safely as possible.

• • Breach: Next, the motorcycle crash lawyer must demonstrate that the other party breached their duty of care. For instance, they may have ignored a stop sign or failed to yield when a yield sign was present.

• • Causation of the Accident: In order to prove the other party was negligent, you must also demonstrate that the breach directly caused the accident. For example, a broken taillight likely isn’t responsible for a car running into a building. However, poorly maintained brakes could be considered directly responsible for the same accident.

• • Damages: Finally, your Huntsville motorcycle accident lawyer must show that you suffered actual damages from the accident. Typically, damages include any financial expenses, bodily injury, property damage, and medical costs from the crash.

Frequent Causes of Motorcycle Collisions in Texas

Accidents can occur for many different reasons. While speeding and distracted driving are major factors, road hazards and lane splitting can also be potential causes.

1. Speeding

Speeding is a major factor in all types of car accidents. When someone is speeding, it reduces their reaction time so that they have less time to swerve away from a crash. Additionally, higher speeds can make the accident more severe.

Often, speeding-related crashes occur at stop signs and intersections. The other driver fails to slow down, which directly leads to the accident. Additionally, speeding can also make merging onto highways more dangerous.

2. Distracted Drivers

Distracted driving is one of the leading causes of accidents. When you are driving at 55 mph, reading a text for 5 seconds means you’re essentially driving with your eyes closed for the length of a football field. Distracted drivers may text, eat food, call friends, check a navigation app, or mess with their radio when they should be focusing on the road. No matter what the activity is, distracted driving can lead to potentially devastating accidents.

3. Drunk Driving

Motorcyclists account for 14% of all car accident fatalities. Drunk driving is a major cause of motorcycle-related crashes. In fact, 27% of accidents involving motorcycles involve alcohol. Alcohol negatively impacts the individual’s ability to react quickly and make safe choices. If the other driver is impaired, they may be found responsible for the accident.

4. Not Yielding

If someone else has the right of way, the other driver must yield. This type of issue frequently happens at stop signs and intersections. It can also occur during lane changes or merging. When other vehicles don’t notice and respond to the vehicle’s presence, it can cause dangerous accidents.

5. Lane Splitting

In Texas, lane splitting is illegal. Lane splitting is when there are multiple motorcyclists in the same lane. Motorcyclists sometimes do this to drive during heavy traffic, but it can increase the risk of an accident.

6. Left-Turn Crashes

Unfortunately, many accidents happen when a car turns left in front of an oncoming motorcycle. Sometimes, cars don’t notice the oncoming motorcycle. Alternatively, they may misjudge the motorcycle’s speed. In both cases, the results may be physically and financially devastating.

7. Road Hazards

Operating in poor road conditions can be dangerous for normal cars and trucks. For motorcyclists, bad conditions pose major threats. Potholes, uneven payment, icy roadways, and loose gravel are more dangerous for motorcyclists because they only have two wheels. This leads to less stability and more balancing issues.

What Types of Evidence Can Prove Negligence?

Before your case, your Huntsville motorcycle accident attorney will discuss the different types of evidence that can be used to prove your case. In most instances, the police report is the most important form of evidence. It helps to tell a narrative about what happened. Because the report is from the investigating officer’s perspective, it is considered less biased.

However, there are many forms of evidence other than police reports. Often, the motorcycle collision attorney will use photos and videos from people at the accident scene. There may also be videos from local traffic cameras or surveillance cameras. Eyewitness reports and vehicle maintenance records are also useful. Depending on the case, your lawyer may even get a report from an accident reconstruction specialist to show what happened.

Besides demonstrating what occurred, your motorcycle crash lawyer will also need to prove your damages. This is often done through medical bills and repair bills. If you missed work because of an injury, your lawyer may use your employment records. Additionally, loved ones may be used to show the harm you suffered because of the accident.

How To Build Your Accident Case

To help your motorcycle collision lawyer prove negligence, there are a few important things you can do.

• • Report the Accident: Once you know everyone is safe at the crash, report the incident to the police. This ensures you will get a police report from the crash. You should also call an ambulance for anyone who has suffered medical harm.

• • Record Important Information: At the scene of the accident, make sure to record all of the important information. Get the driver’s name, insurance information, and contact details.

• • Save Medical Records: If there are any medical records, make sure to keep track of them.

• • Track Receipts and Expenses: Over time, you may incur other costs because of your accident. For example, there may be repair expenses, medical bills, missed pay, and similar costs. Make sure to track all of these receipts so that you can prove how much the accident cost you.

Remember: Multiple Parties May Be Negligent

More than one party may be negligent in your accident. In fact, the cause of the accident could be someone other than you or the other driver. The following are just a few of the parties that could be responsible for your damages.

• • Businesses: If the other driver was on the clock during the accident, their employer may be at fault.

• • Local Government Agencies: Sometimes, accidents take place because there is an issue with the road quality. In these cases, the local government, toll authorities, or the Department of Transportation could be at fault.

• • Manufacturers: Similarly, the vehicle manufacturer could be negligent if the bike was made with faulty components. However, it is often difficult to prove that a manufacturer was negligent.

With the help of a motorcycle crash attorney, you can figure out who is the at-fault party for your accident. Then, you can compile evidence and file your case in Texas.

What Type of Compensation Can You Receive After an Accident?

If you win your case, you may be entitled to multiple types of compensation.

• • Pain and Suffering: Accidents are emotionally distressing and can lead to physical pain. Even with the best care, this pain can negatively impact your overall quality of life. Because of this, you’re allowed to seek compensation for your pain and suffering.

• • Medical Costs: You’re allowed to seek compensation for all of your medical costs, such as your surgeries, rehabilitative care, and hospital bills. Additionally, you can be compensated for your future medical care as well.

• • Wrongful Death Damages: If your loved one dies in a crash, your motorcycle accident lawyer can help you get compensation for their death.

• • Lost Wages: When crash injuries keep you from working, you are allowed to recover lost income.

• • Property Damage: You can get reimbursed for damage to your personal belongings and vehicle.

Why Do You Need a Motorcycle Collision Attorney?

Proving negligence can be tricky. An experienced motorcycle accident lawyer can help you build a strong case against the other party. They know what type of evidence is needed for court and important filing procedures. By reaching out to a professional attorney, you can ensure your case is handled by a professional.

More importantly, using a motorcycle accident attorney allows you to focus on your recovery. An accident can lead to lifelong injuries, so you need to devote your time to healing and let someone else handle the legal side of things.

Get Help After Your Accident

If you have suffered from a motorcycle crash in Texas, a Huntsville motorcycle attorney can help. Our team of legal professionals has years of experience helping local residents obtain the just compensation they deserve. To learn more about how a motorcycle accident attorney can help your case, reach out to one of our team members today.