While anyone can get hurt in an unexpected vehicle accident, motorcycle riders who travel without airbags, seatbelts, or any other protection beyond a helmet are especially likely to suffer severe injuries. Unfortunately, far too many motorcyclists in Texas are hurt each year by negligent drivers.
No matter how your motorbike accident happened or what injuries you sustained as a result, support from a seasoned San Marcos motorcycle accident lawyer could be key to keeping your future on track. From gathering evidence of fault to valuating all your past and future losses, your capable personal injury attorney’s assistance could prove vital to negotiating with insurance companies and maximizing the potential of your claim.
Holding Someone Else Liable for a Wreck
Whether they are driving on four wheels or riding on two, every motor vehicle operator in Texas assumes the same basic duty when they hit the road. Everyone must obey the law, watch out for each other and for pedestrians nearby, and act like a reasonable person at all times. Any driver who collides with a motorcyclist or forces them to crash by violating this duty is legally negligent, whether they did something expressly illegal or just lost concentration at the wrong moment.
Establishing another person’s negligence is the most essential part of just about every successful personal injury claim, as any experienced San Marcos motorcycle accident attorney could confirm. A seasoned lawyer could collect evidence, speak with witnesses, and exhaust many options to prove another driver’s fault for a motorcycle crash.
Comparative Negligence in Motorcycle Accident Cases
Unfortunately, in many situations, an injured motorcyclist might also need to demonstrate they were not responsible for the crash in question. A plaintiff proving that they do not share blame for a wreck is crucial because Texas Civil Practice & Remedies Code §33.001 through 33.017 establishes that a person who bears a percentage of total fault for causing or worsening their own injuries may have their final damage award reduced by that same percentage. Additionally, anyone who bears over 50 percent of total fault for any accident is completely prohibited from collecting any compensation. A proactive legal team member could help with combatting frustrating allegations of comparative negligence after a motorcycle crash.
Compensation and the Statute of Limitations for Motorbike Cases
Another legal rule worth understanding is the statute of limitations, which sets a time limit for how long injured people have after their accident to begin filing suit against a negligent defendant. Under Tex. Civ. Prac. & Rem. Code §16.003, no personal injury claim can begin more than two years after the accident in question first happened.
Fortunately, there are no time limits on how long motorcycle accident cases can go on after they are filed, nor are there caps on how much compensation an injured motorcyclist can demand for losses like:
- Past and future medical bills
- Lost work income and/or ability to work
- Personal property damage and/or loss
- Lost enjoyment of life
- Psychological trauma
- Physical pain from injuries
A knowledgeable lawyer in San Marcos could assess a motorcyclist’s situation, determine the potential value of their accident case, and help adhere to the statute of limitations.
Speak with a San Marcos Motorcycle Accident Attorney Today
Motorcycles have as much a right to the road as anyone inside a car or truck. When drivers violate this right and cause a preventable accident, they will likely need to assume responsibility for a motorcyclist’s injuries. However, getting a positive result from a civil claim can be challenging if you work without seasoned legal representation on your side.
An experienced San Marcos motorcycle accident lawyer could offer the assistance you need to obtain the restitution you deserve. Call today to get started.