If you want to pursue compensation after a motorcycle accident in Texas, you need to prove liability. Texas is an “at-fault” state when it comes to auto crashes – which means you need to prove negligence. While this might seem like a daunting prospect, it could be easier than you think – especially if someone else clearly caused your injuries.
If you’ve been in a motorcycle accident and need help proving liability, don’t hesitate to reach out to Hernandez Law Firm. Call us today at 936-256-3115 to schedule a consultation and learn more about your legal options.
Understanding Modified Comparative Negligence in Texas
The good news is that you can pursue compensation even if you were partially to blame for your own motorcycle accident. The bad news is that if you were more than 50% to blame, you cannot pursue any compensation at all. This is called “modified comparative negligence,” and it is an important consideration as you attempt to prove liability in your motorcycle accident case.
Often, the outcome of a case comes down to the almost indistinguishable difference between 49% fault and 51% fault. It is your personal injury lawyer’s job to prove that you were under this crucial threshold. Insurers and defendants will inevitably try to prove otherwise in an attempt to escape the financial consequences of your crash.
Note that even if you manage to prove that you were 49% to blame instead of 51%, you will experience certain consequences. Someone who is 49% at fault can only receive 51% of their normal compensation amount. 25% fault leads to 75% of the normal compensation. 10% leads to 90%, and so on. As a result, it makes sense to show that your fault level is as low as possible.
The Four Elements of Negligence in Texas
In order to prove liability in Texas, you must show that four elements of negligence exist:
- Duty of Care
- Breach of Duty
- Causation
- Injuries
Drivers owe each other a duty of care almost by default. Whenever someone gets behind the wheel of a car, truck, or motorcycle, it is as if they sign a contract to keep other people safe. This imaginary contract is called a “duty of care.”
As an injured motorcyclist, you need to show that a duty of care existed – and that the defendant breached this duty. There are countless examples of breaches – including common traffic infractions like running a red light. Intoxicated driving is another common example – as is distracted driving. There are many other more subtle examples of breaches, and your lawyer can help you identify exactly who – or what – caused your injuries.
To prove liability, you must go one step further and establish a connection between the breach and your accident. This is called “causation.” Someone may have committed a traffic infraction, but what if your accident was caused by a different driver? In this case, there is no causation between the breach of duty and the injuries. In other words, one thing must lead to another.
Note that the lack of causation can also work in your favor. For example, an insurer might claim that you caused your own accident because you were speeding. Your lawyer may then argue that even if you had been traveling under the speed limit, the accident still would have happened. In other words, there was no causation between your negligence and the accident. These kinds of arguments can help push down your level of fault.
The last element of negligence is your injuries. In order to secure compensation, you must prove that you suffered legitimate harm due to the accident. This is why it is so important to seek medical treatment immediately after your motorcycle accident. If you fail to seek treatment, you will not have the medical records necessary to prove your injuries are real. Even if you’re not totally sure whether you suffered an injury, it’s best to get checked out by a licensed doctor. You may have suffered a serious injury without even realizing it. For example, a light knock to the head may be far more severe than you realize – and it might even cause fatal levels of intracranial bleeding if you do not seek immediate treatment.
Contact Our Experienced Personal Injury Attorney in Texas to Schedule a Free Consultation Today
If you’ve been injured in a motorcycle accident, contact Hernandez Law Firm today at (936) 256-3115 to discuss your case and learn how we can help you prove liability and pursue the compensation you deserve.
