Even if you wear the appropriate safety gear and follow all the rules of the road, riding a motorcycle can still be dangerous thanks to the fact that you have to share the road with other drivers. As far too many riders learn each year in Texas, just one commuter car or truck driver failing to give you the space and respect you are owed under the law could have life-altering repercussions.
If you were recently injured in a motorcycle crash caused by someone else’s misconduct, you may be able to work with an injury attorney and pursue compensation from then negligent party. Whether you just need help covering emergency medical bills or need to money to deal with for permanent and debilitating injuries, a West Lake Hills motorcycle accident lawyer can be the ally you need in pursuing a favorable case result.
No matter what type of motor vehicle someone is operating or how many wheels it has, everyone who drives or rides on public roads in Texas has the same basic duty to watch out for other people around them, react in reasonable ways to unexpected hazards, and follow all applicable traffic laws. Someone who violates this duty through some careless or reckless act and then directly causes a motorcycle accident as a result may be considered legally negligent and, based on that negligence, held financially liable for ensuing injuries and losses.
It does not matter exactly how someone else was irresponsible when it comes to holding them accountable for a motorcycle wreck. As a West Lake Hills attorney can further explain, someone who collides with a motorcyclist by losing focus on the road at exactly the wrong moment is just as negligent as someone who T-bones a rider while driving drunk through a red light.
It is key to understand that, in a motorcycle accident claim, a rider might have their own compensation reduced if they also contributed to the collision in question. Under the modified comparative fault system established under Texas Civil Practice & Remedies Code §§33.001 through 33.017, civil plaintiffs can have their total compensation reduced by the court in proportion to their share of total fault for their injuries, and anyone who bears a majority of total fault will likely not be able to collect any compensation. For instance, if a motorcyclist was riding recklessly or speeding at the time of a collision, their total compensation might be limited.
Another possible obstacle to effective recovery is the two-year filing period civil litigation set out by TX Civ. Prac. & Rem. Code §16.003, which generally begins from the date an injury first occurred. If a motorcyclist attempts to file a lawsuit outside this window, they will likely not be able to recover for their losses. Assistance from a capable lawyer in West Lake Hills can be crucial to building a compelling motorcycle accident claim and respecting this strict statute of limitations.
A person who injures a motorcyclist by acting carelessly or recklessly while driving should be held accountable for their actions. However, obtaining fair compensation for the short-term and long-term impact of a motorcycle wreck is far from a simple process, especially if you attempt to go through it alone.
Retaining a West Lake Hills motorcycle accident lawyer can be a vital first step towards getting the recovery you deserve. Schedule a consultation by calling today.