It’s an unfortunate reality, but motorcycle riders know that they can be almost invisible to drivers operating cars, trucks, and commercial vehicles. Statistics shared by the Texas Department of Transportation (DOT) only prove that, seeing as hundreds of riders are killed and thousands more are injured each year in motorcycle accidents. With that in mind, should you ever be involved in a motorcycle accident in Houston, you may wonder who will be held liable and whether that determination will affect your ability to seek compensation.
You shouldn’t have to fight an uphill battle against insurance companies to get a fair settlement. An experienced motorcycle accident attorney can provide the legal guidance and support you need, starting with helping you understand liability.
Driver Negligence in Houston Motorcycle Accidents
About half of all motorcycle accidents result from collisions with other vehicles, according to the Texas DOT, and these are often the result of drivers misjudging the speed or distance of a motorcycle or simply failing to see riders on the road.
When another motorist behaves negligently or breaks the law and causes an accident, you may be eligible to claim compensation to cover medical and other costs. Knowledgeable and experienced Houston motorcycle accident attorneys can help you determine whether you have a case and develop suitable legal strategies.
Manufacturer Liability
Even if no other vehicles are involved in a crash, you may still have a claim for compensation after a motorcycle accident in Houston if defective parts in your bike are to blame. Manufacturers have a responsibility to produce safe and effective products, so if a defective part causes an accident (resulting in injuries like road rash, broken bones, internal injuries, or a traumatic brain injury), you shouldn’t have to bear costs for medical bills, rehabilitation, or lost wages.
Commercial Vehicle Operators
Over 14 million commercial vehicles are registered in the U.S. and millions of those are commercial vehicles that traverse the nation’s roadways every day. While many of their drivers behave safely and responsibly behind the wheel, commercial vehicles can still be involved in motorcycle and car accidents alike.
In these circumstances, truck drivers and trucking companies can be held liable for the damages and injuries others sustain. Seeking compensation from the at-fault party may be more complex in these situations, so it’s wise to seek professional legal advice.
How Fault Factors into Accident Claims in Texas
Texas is an at-fault insurance state, which means the driver found responsible in an accident is held accountable for the costs incurred. It is for that reason that drivers are required to carry liability coverage that accounts for damages and injuries to other parties involved in a motorcycle accident in Houston or anywhere else in the state.
Texas auto insurance coverage follows a 30/60/25 model; a liability policy should cover at least $30,000 per person for medical bills and other injury-related expenses, at least $60,000 per accident for bodily injury, and at least $25,000 for property damage.
However, Texas also observes modified comparative fault rules, which state that you’re ineligible to recover damages if you’re more than 50% at fault. Your percentage of fault will typically be determined by an insurance adjuster and based on factors like a police report and professional analysis. If you disagree with the assignment of fault, you can try to dispute it with the assistance of a qualified Houston motorcycle accident lawyer.
How a Houston Motorcycle Accident Lawyer Can Help
An experienced Houston motorcycle accident attorney has the knowledge and skill to assess your case. They will help you gather needed evidence to build a case, negotiate with insurance companies on your behalf, and take your case to trial if necessary. It’s important to find a lawyer who has a proven track record in cases like yours, as well as a reliable and compassionate professional who makes you feel comfortable and inspires confidence.
FAQs
Do I Need a Personal Injury Attorney After a Motorcycle Accident?
Insurance companies have extensive time and resources to delay and deny accident claims. If you’ve been injured in a motorcycle accident and you’re struggling to reach a fair settlement, a qualified law firm can fight for compensation on your behalf.
Am I Still Eligible for Compensation if I’m Partly at Fault?
In Texas, negligent drivers who cause accidents are held at fault and are liable for injuries and property damage resulting from their actions. If you violate traffic laws or are otherwise partially at fault, you may still be eligible to seek compensation, provided you are assigned 50% or less of the fault for the accident.
What Types of Compensation Can I Receive?
If another party is at fault for your injuries, you may receive economic damages to cover medical bills and other financial losses. You may also be eligible for non-economic damages for things like pain and suffering, disfigurement, or loss of enjoyment of life .
What Is the Statute of Limitations to File a Motorcycle Accident Claim?
You have two years from the date of your accident to file a claim for compensation.
Will I Have to Go to Court?
Many cases are settled through negotiations, but an experienced attorney will be prepared to go to court if necessary.
Fighting for Fair Compensation Starts With Understanding Liability
Whether another party is entirely at fault or you are partially at fault for your accident, you may have a claim to cover some or all costs. You don’t have to fight for the compensation you deserve on your own. A qualified accident lawyer can go head-to-head with insurance companies on your behalf so you can devote your energy to recovering.
If you’ve been injured in a motorcycle accident in Houston, Contact Ramsey Law Group today to schedule a free consultation and discuss your case.