How Do I Win A Motorcycle Accident Claim?
Since 2010, fatal motorcycle crashes have increased 20 percent. Head injuries cause most of these fatalities. The average economic losses in a fatal motorcycle crash case exceed $1 million. Lost future financial support makes up much of that total. These survivors also deserve compensation for their emotional distress and other noneconomic losses, so they can move on with their lives.
A Missouri City motorcycle accident attorney works hard to obtain this compensation in court. This work begins with a thorough case evaluation which includes reviewing the legal options discussed below. The work does not end until an attorney obtains the best possible result under the circumstances.
Defective Product
Unsafe products, mostly defective tires, cause many motorcycle crashes in Texas. Two-wheel vehicles are much harder to control than four-wheel vehicles. Therefore, a minor manufacturing or design flaw that wouldn’t affect a car or truck could cause a loss-of-control motorcycle accident. These accidents are incredibly devastating.
Generally, manufacturers are strictly liable for the injuries a manufacturing or design defect causes.
Ordinary Negligence
Defective products cause a handful of wrecks. Driver negligence causes almost all other wrecks. This negligence could be:
- Operational: Speeding, tailgating, and other kinds of aggressive driving are very common in Southeast Texas. When aggressive drivers cause crashes, motorcycle riders are extremely vulnerable. Motorcycles don’t have seat belts, airbags, or other safety features.
- Environmental: Bad weather, dark skies, and other adverse environmental conditions don’t excuse negligence. In fact, the duty of care is higher in these situations. Drivers must slow down and be even more careful when conditions are less than ideal.
- Behavioral: Operational and environmental negligence is behind-the-wheel negligence. Frequently, the chain of events that leads to a crash starts even earlier. Common forms of behavioral negligence include substance use, extreme fatigue, and moderate or severe medical conditions.
Most noncommercial drivers have a duty of reasonable care in Texas. If a breach of duty causes injury, the victim is entitled to damages. Frequently, a third party, like an employer or a commercial alcohol provider, is financially responsible for these damages.
Negligence Per Se
If the behavioral, environmental, or operational negligence includes a safety law violation, the tortfeasor could be liable for damages as a matter of law. Since the statute establishes the standard of care, there’s no need to prove duty and breach, as outlined above.
Liability might be automatic in these cases, but maximum compensation is never automatic. A Missouri City personal injury attorney must introduce additional evidence to obtain higher damages.
This time-saving doctrine only applies if an emergency responder issues a citation. That often doesn’t happen in motorcycle crash claims. These wrecks cause so much damage that emergency responders are often too busy securing the scene and tending to injured victims to worry about a matter like a traffic violation.
If responders don’t issue citations, the ordinary negligence doctrine is still available in these situations.
Contact a Diligent Harris County Attorney
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. You have a limited amount of time to act.
Source:
injuryfacts.nsc.org/motor-vehicle/road-users/motorcycles/
