Who Might Be Liable after a Motorcycle Accident?
In the immediate aftermath of a serious motorcycle wreck, there’s one important question you need to answer: Who was to blame for causing the accident? The answer will allow you to file a personal injury claim against the at-fault party and—provided you have strong evidence—may enable you to recover compensation for many of the losses stemming from the incident.
Because there could be many different parties on the hook for your damages, you will need to think carefully about who or what could’ve played a role in causing the collision. Let’s look at a few of the most likely culprits:
1. The Motorist
In many—if not most—cases, the driver who struck you may be liable for your damages. Various statistics have shown that the lion’s share of road wrecks can be chalked up to human error, so there’s a strong chance that the person behind the wheel was negligent.
However, you might’ve also played some role in causing the wreck. For instance, the motorist may’ve been speeding but evidence shows that you made an illegal lane change in the moments before impact.
Fortunately, you can still recover compensation for your injuries as Texas has employed a comparative fault system for handling personal injury claims. In other words, while you won’t be denied an opportunity to seek compensation, your financial award will be reduced by your percentage of fault for causing the wreck.
2. The Manufacturer
Not all wrecks are the result of driver error. Some are caused by defective parts, leaving the manufacturer liable for the damages resulting from an accident. For instance, if your motorcycle’s brakes malfunctioned and you can show that you would have avoided the accident had your vehicle been working properly, you may be able to file a claim against the manufacturer to recover compensation for your medical bills, lost income, and other resulting damages.
3. The Municipality
Government agencies are usually responsible for maintaining roads in most parts of the state. As such, if the accident was the result of a road defect, the agency tasked with taking care of this stretch of tarmac could be on the hook for your damages. Keep in mind that you might want to seek legal counsel as soon as possible as filing a claim against a government agency can often introduce additional hurdles such as financial caps and tight filing deadlines.
How Can I Prove Liability for a Motorcycle Wreck?
If you aren’t able to determine who might be at fault for causing the accident, a skilled personal injury lawyer can investigate the accident on your behalf to help identify the liable parties. You will also need to provide proof to demonstrate liability, such as:
- Photographs of the accident scene
- Eyewitness testimony
- Dashcam or surveillance camera footage
- Cell phone records
- Maintenance records for the other vehicle involved
- Toxicology reports
Discuss Your Case with a Texas Motorcycle Accident Attorney
If you were injured in a wreck involving a negligent motorist, it might be in your best interests to speak to a personal injury attorney as soon as possible. Not only can much of the evidence required to support your case be time-sensitive, giving you just a small window to gather such proof before it is no longer available, it’s also easy to make serious mistakes that might jeopardize your claim.
At Hilliard Martinez Gonzales LLP, we can assist with almost every aspect of your claim. To schedule a free case review with a Texas motorcycle accident attorney, dial 1-800-334-3298 or submit a request through to our contact form HERE.