Determining Fault in Motorcycle Accidents

Determining Fault in Motorcycle Accidents Under Texas Law

Motorcycle accidents in Texas can result in severe injuries, significant financial losses, and legal battles over fault and liability. Texas follows modified comparative fault laws, meaning that determining who is responsible for the accident plays a critical role in securing compensation. Understanding Texas motorcycle accident laws and how fault is determined can help riders protect their rights and maximize potential claims.

1. Understanding Fault in Texas Motorcycle Accidents

Under Texas law, fault in a motorcycle accident is based on negligence, meaning one or more parties failed to exercise reasonable care on the road. To establish fault, the injured party must prove:

• The other driver owed a duty of care (all motorists must follow traffic laws and drive safely).
• The driver breached this duty (acted negligently, such as running a red light or speeding).
• The breach directly caused the accident and led to injuries.
• The injured party suffered damages (medical bills, lost wages, pain and suffering, etc.).

Texas follows the 51% modified comparative negligence rule (Texas Civil Practice & Remedies Code §33.001). This means:

• If you are 50% or less at fault, you can recover damages, but your compensation is reduced by your percentage of fault.
• If you are 51% or more at fault, you cannot recover any damages.

2. Common Causes of Motorcycle Accidents in Texas and Who May Be at Fault

Negligence by Other Drivers:

In many Texas motorcycle accidents, passenger vehicle drivers are at fault due to:

• Failure to Yield: Many drivers fail to see motorcycles and don’t yield the right of way, especially at intersections.
• Distracted Driving: Texting, talking on the phone, or other distractions can lead to collisions.
• Speeding: Excessive speed reduces reaction time and increases crash severity.
• Driving Under the Influence: Alcohol and drug impairment contribute to reckless driving.
• Unsafe Lane Changes: Failing to check blind spots before switching lanes often leads to accidents with motorcyclists.

Motorcyclist Negligence:

Motorcyclists may also be found partially or fully at fault in certain situations:

• Lane Splitting: Texas law does not explicitly allow or prohibit lane splitting, but reckless weaving through traffic can be used against a motorcyclist in a negligence claim.
• Speeding or Reckless Riding: Aggressive lane changes or excessive speed can increase accident risks.
• Failure to Follow Traffic Laws: Running red lights or stop signs may shift liability onto the rider.
• Riding Under the Influence: Texas law treats motorcycle DUIs the same as standard DUI offenses, carrying both criminal and civil consequences.

Third-Party Negligence:

Other factors that may contribute to a motorcycle accident include:

• Defective Motorcycle Parts: If a mechanical failure (such as faulty brakes) causes an accident, the manufacturer may be held liable.
• Poor Road Conditions: Potholes, loose gravel, and poorly maintained roads are common in Texas, making government entities or contractors responsible for accidents.
• Other Motorcyclists or Pedestrians: Another rider’s reckless actions or a pedestrian jaywalking may contribute to a crash.

3. Evidence Used to Determine Fault in Texas

Proving fault in a Texas motorcycle accident requires strong evidence, such as:

• Police Reports: Officers will document their observations and may indicate which driver was at fault.
• Witness Statements: Testimonies from bystanders, other motorists, or passengers can support your case.
• Traffic Camera or Dashcam Footage: Video evidence can show what happened before and during the crash.
• Accident Scene Photos: Images of the damage, skid marks, traffic signals, and road conditions help reconstruct the accident.
• Medical Records: Documentation of injuries establishes the impact of the accident.

4. How Texas’ Modified Comparative Fault Law Affects Compensation

Under Texas’ 51% modified comparative fault rule, the amount of compensation you receive depends on your percentage of fault. Here’s an example:

• If you are found 20% at fault, and your damages total $100,000, your compensation would be reduced by 20%, leaving you with $80,000.
• If you are 51% or more at fault, you cannot recover any compensation.

Insurance companies often try to shift more blame onto motorcyclists to minimize payouts, making legal representation crucial.

5. How a Texas Motorcycle Accident Attorney Can Help

If you’ve been in a motorcycle accident, a personal injury attorney can help by:

• Gathering and analyzing evidence to prove the other party’s negligence.
• Negotiating with insurance companies to prevent unfair blame.
• Working with accident reconstruction experts to strengthen your case.
• Filing a lawsuit if necessary to ensure fair compensation.

Determining fault in a Texas motorcycle accident requires careful examination of evidence, traffic laws, and comparative fault rules. If you’ve been injured in a motorcycle accident, seeking legal help is essential to protect your rights and maximize compensation. Texas law allows accident victims to recover damages, but insurance companies will fight hard to limit payouts—make sure you have the right legal team on your side.

How The Dashner Law Firm Can Help

At The Dashner Law Firm, we understand how overwhelming a motorcycle accident can be. Our experienced Texas motorcycle accident attorneys are dedicated to helping you navigate the complexities of fault determination, insurance claims, and legal proceedings. We will thoroughly investigate your case, identify liable parties, and develop a strong legal strategy tailored to your situation.

Our goal is to ensure you receive the maximum compensation for your injuries, medical expenses, lost wages, and pain and suffering. Don’t let insurance companies undervalue your claim—let us fight for your rights. Call The Dashner Law Firm at (972) 640-7620 today for skilled and effective legal representation in Texas. We are here to support you every step of the way.