How to Prove Fault in a Texas Motorcycle Accident Case
Motorcycle accidents often result in severe injuries, extensive property damage, and even fatalities. If you’ve been involved in a motorcycle accident in Texas, proving fault is central to getting the compensation you deserve.
At Dodson Law Firm, PLLC, we’ve helped countless motorcycle accident victims handle the legal process and hold negligent parties accountable. In this post, we’ll explain how to prove fault in a Texas motorcycle accident and what evidence you’ll need to build a strong case.
Defining “Fault” in Texas Motorcycle Accidents
Texas is a “fault” state when it comes to auto accidents, including motorcycle crashes. This means that the person who caused the accident (the “at-fault” party) is responsible for the damages. To recover compensation, you’ll need to prove that the other party was at fault and that their negligence caused your injuries.
Sometimes, fault may be shared between multiple parties, including the motorcyclist. Under Texas’s modified comparative fault rule, you can still recover damages as long as you were less than 51% at fault for the accident. However, your recovery will be reduced by your percentage of fault.
Proving Negligence in a Motorcycle Accident Case
To prove fault in a motorcycle accident, you’ll need to show that the other party was negligent. Negligence has four key elements:
- Duty: The other party owed you a duty of care. For example, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach: The other party breached their duty of care. This could be by speeding, running a red light, or failing to yield the right of way.
- Causation: The other party’s breach of duty directly caused your accident and injuries.
- Damages: You suffered actual damages, such as bodily injury, property damage, or financial losses, as a result of the accident.
To prove negligence, you’ll need to gather evidence that demonstrates each of these elements.
Key Evidence in a Motorcycle Accident Case
Building a strong motorcycle accident case requires compelling evidence. Some of the most important types of evidence include:
1. Police Reports
Always call the police after a motorcycle accident, even if the damage seems minor. The responding officer will create an accident report that includes key details like the date, time, and location of the crash, the parties involved, and any citations issued. While not admissible in court, police reports can provide valuable information and support your version of events.
2. Physical Evidence
Physical evidence from the accident scene can be crucial in proving fault. This may include:
- Skid marks
- Vehicle damage
- Road debris
- Damaged helmets or gear
Be sure to take plenty of photos of the accident scene, the vehicles involved, and any visible injuries. A personal injury attorney can also help you preserve key physical evidence.
3. Eyewitness Testimony
Independent eyewitnesses can provide powerful testimony to support your case. Get contact information for anyone who saw the accident, and ask your attorney to follow up with them for a statement.
4. Video Footage
More and more accidents are being captured on video, thanks to the rise of dash cams, traffic cameras, and surveillance systems. Check with nearby businesses or residences to see if they have any footage of your accident.
5. Expert Testimony
In complex cases, expert witnesses can help prove fault by reconstructing the accident, analyzing physical evidence, or providing testimony on technical issues. Common experts in motorcycle accident cases include:
- Accident reconstruction specialists
- Engineers
- Medical professionals
6. Medical Records
Your medical records link your injuries to the accident and establish the extent of your damages. Keep detailed records of all doctor visits, treatments, and expenses related to your accident.
Dealing with Insurance Companies
After a motorcycle accident, you’ll likely need to deal with insurance companies to recover compensation in a personal injury claim. It’s important to remember that insurance adjusters are not on your side. Their goal is to pay out as little as possible, and they may try to shift blame onto you or minimize your injuries.
To protect your rights, it’s often best to speak with a motorcycle accident attorney before giving any recorded statements or accepting a settlement offer. An experienced attorney can communicate with the insurance companies on your behalf and fight for the full compensation you deserve.
Get Help from Experienced Texas Motorcycle Accident Attorneys
Proving fault in a motorcycle accident case can be complex, especially when you’re trying to recover from serious injuries. At Dodson Law Firm, PLLC, we have the knowledge, resources, and trial experience to build strong cases and stand up to insurance companies.
We’re committed to fighting for the rights of motorcycle accident victims across Texas. If you’ve been hurt in a crash, contact us today for a free, no-obligation consultation. Remember, with Dodson Law Firm, “We don’t just win cases, we change lives.”