If you get injured in a motorcycle accident, who is at fault? You? The other driver? Another person or entity? Find out in this post from Mullen & Mullen.
You get injured in a motorcycle accident. But whose fault is it? Yours? Another driver’s? Someone else’s?
Find out in these common types of motorcycle accidents:
You Fall Down While Heading Into a Curve
This one could be on you, but it could also be on the government entity responsible for maintaining the road. If the road was properly maintained, you likely have responsibility. But – if the road had a special defect – the blame could be on the government entity responsible for maintaining the road and/or for creating the defect.
A Car Turns Left in Front of You
This is the most common type of motorcycle accident. Many lawyers see situations where the driver of the car looks right at you, but then turns out in front of you anyway.
For whatever reason, it doesn’t register in their mind that you’re on a motorcycle. Most likely it’s because they’re so used to seeing cars that they are simply inattentive and don’t notice you because a motorcycle is smaller.
Regardless, fault lies squarely on the shoulders of the driver. You won’t “automatically” win your claim. But in the legal world, it’s the closest you can get to one.
You Get Hurt While Lane-Splitting
Texas law does not specifically permit or outlaw lane-splitting. However, a skilled lawyer will argue that you are at least partially at fault for the accident since lane-splitting is not a normal driving activity. It’s an argument that most jurors would find compelling.
What if You Weren’t Wearing a Helmet?
In this case, it’s likely going to increase your fault. Texas is a “comparative negligence” state. If you have 50% or less responsibility for your injuries, you can recover compensation.
However, if you didn’t wear a helmet, and that helmet could have reduced or eliminated your injuries, you likely won’t be able to recover as much compensation.
If you’re hurt in a motorcycle accident, and you believe a negligent motorist is responsible for your injuries, make sure you talk to a personal injury lawyer as fast as possible. In Texas, you have just 2 years from the date of your motorcycle accident to file your injury claim. And if a government entity is responsible you could have as little as 30 days to file a notice of claim.