In Texas, proving negligence and fault in a motorcycle crash is established by accident narratives, eyewitness statements, vehicle inspections, police reports, and accident reconstruction analysis. Given the importance of facts, you should take extra care to collect as much information as possible, including multiple photographs of the vehicles and the accident site and gathering witness contact information.
You should also contact an experienced Texas motorcycle accident lawyer to help you prove that another party was wholly or substantially at fault. At the Patterson Law Group in Fort Worth, we have represented riders in motorcycle accident lawsuits for over 20 years. We know how to use facts and evidence to prove that you were riding safely and that another party’s negligence caused your crash.
Why is it important to prove negligence in a Texas motorcycle accident lawsuit?
Texas has adopted a proportionate responsibility statute under which a party can recover damages in a negligence lawsuit only if they are not more than 50% responsible. To collect damages after a motorcycle accident, you have to prove that the other party was at least 50% at fault.
A Fort Worth motorcycle accident attorney from our firm could not only scrutinize the evidence about your accident but will also work to demonstrate that you practiced safe riding practices, such as:
- Wearing a helmet and bright clothing (we recommend wearing a helmet at all times, even if you qualify for an exemption under Texas law).
- Performing regular maintenance on your bike, including replacing worn tires and brakes.
- Using maneuvers that make you more obvious to other motorists, such as a “SMIDSY” wobble of your front tire to alert oncoming cars.
- Refraining from lane splitting and riding on road shoulders.
- Following posted speed limits.
- Riding a bike that matches your skill level and the prevailing terrain.
We use this information to minimize or eliminate any argument from other parties that your unsafe approach to riding your bike contributed to the accident.
How does proof of negligence affect your right to recover damages?
Even if you prove that another party was more than 50% at fault, under Texas law, the damages you can recover will be reduced in proportion to the fault assigned to you. For example, if a court determines that you suffered $100,000 in damages but were 25% negligent, you can only collect $75,000.
A skilled Texas motorcycle accident attorney will use the evidence to show how you did not contribute to the accident and that you are entitled to recover the full measure of damages you suffered.
Call the Patterson Law Group for a Free Consultation
We appreciate and support the riding culture in Texas. When you retain our firm after you suffer losses and injuries in a motorcycle accident, we will fight to recover the compensation you need and deserve to get you back on your bike as soon as possible.
Contact us after your accident for a free consultation, and we can answer your questions and assess your case. In addition, we work on a contingency basis, so there are no upfront legal fees.
