Riding a motorcycle in and around Killeen can be a thrilling experience, but it can also be a dangerous one—unfortunately, even if you yourself ride carefully and safely. A single reckless or careless act by another driver could cause a crash that leaves you with severe injuries, some of which may be life-changing or even life-threatening.
If you recently suffered any kind of losses after being struck by a negligent driver while riding your motorcycle, a Killeen motorcycle accident lawyer may be able to help. With guidance and support from a qualified personal injury attorney, you can effectively demonstrate liability by the person who hit you and seek appropriate restitution for all your compensable damages.
The basic mechanics of a motorcycle accident claim are the same as any civil case based on a motor vehicle crash, in that the injured plaintiff will have to prove a defendant violated a duty of care and caused harm to them as a direct result in order to recover compensation. However, in no small part due to some pre-existing prejudices about motorcyclists being reckless and danger-seeking individuals, claimants in motorcycle crash cases often have their work cut out for them contesting allegations of comparative fault.
The State of Texas follows a modified comparative fault system, which means that a court can assign a plaintiff a percentage of fault they bear for their own injuries and reduce their recoverable compensation accordingly. Furthermore, under Texas Civil Practice and Remedies Code §33.001, a court can bar a plaintiff from recovering anything at all if their portion of fault for their accident exceeds 50 percent.
Accusation of comparative fault in motorcycle accident claims typically stem from a motorcyclist allegedly violating one or more rules of the road, such as those prohibiting speeding, lane-splitting, or riding under the age of 21 without a helmet. A Killeen motorcycle wreck attorney can argue against claims of comparative fault on a plaintiff’s behalf and seek to maximize the amount of compensation they are eligible to receive.
Because motorcyclists are not afforded any protection from the frame of their vehicle like car passengers are, the injuries they suffer in accidents are often significantly more severe. Broken bones, skin abrasions, and lacerations are common, and impacts that throw a rider into another vehicle or stationary object may result in catastrophic trauma to the head, neck, spine, and/or organs.
Recovering comprehensively for an accident of this severity requires factoring both economic and non-economic losses into an ensuing civil claim. Recoverable economic damages typically center around medical bills, lost work wages, and property damage, whereas non-economic damages should cover various forms of pain and suffering like loss of enjoyment of life and the effects of permanent disabilities or disfigurements.
Regardless of how serious a rider’s injuries are, though, they still must abide by the applicable statute of limitations set in Tex. Civ. Prac. & Rem. Code §16.003. Under this section of state law, a plaintiff who does not file suit—or have a motorcycle accident lawyer in Killeen do so on their behalf—within two years of being injured may be ineligible to recover any compensation for that particular incident.
Motorcycle accidents can be dangerous even when they occur at low speeds, and high-speed often have devastating and sometimes fatal consequences. While you do have the right to file suit against anyone whose negligence causes you to suffer harm, trying to recover compensation without guidance from a legal professional could significantly decrease your odds of a favorable case result.
Do not go into your fight for financial restitution without a dependable legal representative at your side. Call a Killeen motorcycle accident lawyer today to discuss your case and start exploring your legal options.