Riding a motorcycle could be dangerous and can cause significant injuries. Besides the physical impact of a motorcycle accident, injured individuals could also face serious emotional and financial hardships. Fortunately, when another driver causes a motorcycle accident, a seasoned personal injury attorney can help you hold them accountable.
If you survived a motorcycle accident, dealing with a lawsuit might not be your first concern. The good news is that a San Antonio motorcycle accident lawyer can take the lead on your case while you focus on healing from your injuries.
Motorcycle Accident Negligence
For a successful motorcycle accident claim, a San Antonio attorney must establish that the defendant’s reckless actions caused the accident. To prove negligence, the motorcycle accident attorney must establish the following:
- That the defendant owed a motorcyclist a duty of care
- That the defendant breached their duty
- This breach led to a motorcycle accident
- The motorcyclist suffered injuries in the accident
Every motorcyclist and other drivers on the road owe each other a duty to drive with care. Should they breach this duty, a driver could face civil liability for injuries stemming from a motorcycle accident. Common examples of a breached duty could involve speeding, driving under the influence, or running a red light.
Shared Fault in a Motorcycle Accident
Not all jurisdictions allow motorcyclists that are partially responsible for a crash to recover monetary damages from the other driver. While the laws in San Antonio are not as strict, shared fault for a crash could have a negative impact on a rider’s injury claim.
Under state law, a legal theory known as modified comparative negligence applies to this situation. In each case, the jury will evaluate the evidence and assign a percentage of fault to each side. If the plaintiff is more than 50 percent responsible for the crash, they may not recover any compensation for their damages.
If the jury determines a plaintiff in a motorcycle accident lawsuit is less than 50 percent responsible for the crash, it will directly impact the amount of available damages. State law requires the jury to lower the amount of damages in proportion to the degree of the plaintiff’s fault.
Time Limit to File a Lawsuit
Every state has a standard deadline to file a personal injury claim. In the State of Texas, the deadline, or statute of limitations for a motorcycle accident claim is two years. If the claim is filed after the deadline expires, the court could dismiss the claim.
It is best to speak to a seasoned motorbike collision attorney to determine the deadline for a specific case.
Schedule a Consultation with a San Antonio Motorcycle Accident Attorney
A motorcycle crash can lead to serious injuries and severe damages. An accident could have a devastating impact on an individual’s life and their family. When a motorcycle accident occurs, you should retain the services of a knowledgeable attorney.
With the help of a San Antonio motorcycle accident lawyer, you may be eligible to recover compensation for your damages. This could include compensation for damages such as medical expenses, pain and suffering, lost wages, and loss of enjoyment of life. Call today to learn about what may be possible in your case.