To claim damages, it is required to prove the other party’s carelessness and responsibility for the motorcycle accident. Because if it doesn’t, you’re not entitled to any financial compensation under the law.
A sizable compensation would be appropriate if you were injured severely in a motorcycle accident. In addition, the insurance provider for the careless driver would probably fight tooth and nail to get you to accept less compensation. With the help of a Buzbee personal injury lawyer and supporting evidence, negligence may be shown in court.
Negligence in a Motorcycle Accident
That person has been negligent when someone fails to take reasonable care and hurts another person. For example, every driver must drive carefully to prevent any collisions. Driver errors, such as breaking traffic regulations or driving carelessly, are often cited as negligent causes of motorcycle accidents.
How to Establish Negligence in a Motorcycle Accident Claim?
For your compensation claim to be successful, you must be able to demonstrate negligence. Four elements must be shown in a negligence lawsuit:
Duty of Care
If you are suing another driver who caused your accident, you must prove the defendant owed you a duty of care.
Breached the Duty of Care
The defendant broke their duty of care if a reasonable person in the same position as you would not have done what they did.
The Breached Duty Led to Your Injuries
You must prove that the collision caused your injuries. It is easier for the person at blame and their insurance company to deny responsibility for or downplay the severity of pain and injuries that may have resulted from an accident.
You Suffered Damages As a Result of the Accident
At last, you’ll have to demonstrate that you’ve lost money due to your ailments.
To successfully establish that another party was negligent and responsible for your injuries, you must provide evidence of each of the four criteria listed above. Your motorcycle accident attorney will be able to assist you in gathering evidence to show that you suffered all of these losses.
Pieces of Evidence that Prove Negligence in a Motorcycle Accident
The following steps will help your attorney and you in gathering proof of negligence.
- Save all your medical records.
- Report the incident to the authorities immediately.
- Ensure you have the other driver’s name, contact information, and insurance details.
- Medical costs, motorbike repair costs, receipts, and missed pay should all be recorded after an accident.
- The motorbike accident case can be strengthened by any other proof you have.
Proving evidence wouldn’t suffice the case. It is also important to identify the negligent party and understand that more than one party can be responsible for the crash.
Multiple Parties May Be Responsible for Your Collision
One or more parties might be accountable for the accident and damages based on the facts in your case. The cause of an accident is not always the driver. Here are the following parties that can be held responsible for a motorbike accident:
- The local government is responsible when an accident occurs because of a problem with a public road.
- A business is held responsible if the driver was on the clock at the time of the crash.
- If a flaw in the motorcycle caused the crash, the manufacturer might be held liable.
- It might be difficult and time-consuming to prove fault in a motorbike accident case.
Your motorcycle accident lawyer from Buzbee Law can research your case thoroughly and identify the potential at-fault parties. In Texas, other than finding the at-fault party, it is important to understand that Texas follows comparative negligence law.
Comparative Negligence Law in Texas
As mentioned above, multiple parties in Texas can share blame for a motorcycle collision. In Texas, comparative negligence is applicable in every automobile accident case.
Texas applies a “modified” version of comparative negligence. You could still sue even if you contributed to the accident. If it’s found that you were more than 50% to blame, you will not be entitled to compensation. The law in Texas is known as the “51% bar.”
Contact Our Law Firm to Discuss Your Case
Consider consulting with a lawyer from Buzbee Law Firm to learn about the process of proving negligence in a motorcycle accident case. For an obligation-free discussion, please contact us today. We only get paid if you win. Any money we win will pay our legal fees.