Motorcycle accidents differ from other types of roadway accidents in regards to how they are handled according to the law. The injuries that result from motorcycle accidents are typically more severe than other automobile accidents, and the liability regarding who is at-fault can differ from other types of vehicular accidents.
If you are injured in a motorcycle accident in Houston, there are some things that you need to know before you can get the compensation that you deserve. The first step is to determine who is at fault for your accident. If you want to know what to do if you are in a motorcycle accident, this is an overview of everything you need to know from a motorcycle accident attorney in Houston.
What are the major risks associated with driving a motorcycle?
According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, more than 5000 people died in a motorcycle crash in 2015–10 percent more than in 2014. Riding a motorcycle is a risky way to get around. Being more exposed, motorcycle riders are not only more at risk of an accident, but when injured in a motorcycle accident, the injuries are typically very severe. Here are some things to consider:
- Because motorcycles are much smaller than automobiles, they have much less visibility on the roads. That means that trucks and cars are less likely to see a motorcycle and are prone to cutting them off or pulling out in front of them.
- Motorcycles are more vulnerable to road hazards. Things like a wet roads and potholes can cause a motorcycle to crash much more easily than they cause a car accident.
- A motorcycle leaves the rider much more vulnerable than in other forms of transportation. When someone are riding a motorcycle, there is not much that comes between the rider and the road when they crash.
- You have less stability on a motorcycle. Because a motorcycle only has two wheels, it is much less stable than its four-wheeled cousins.
- Those who ride motorcycles tend to be risk takers. Statistically, many motorcyclists engage in risky behaviors like speeding, changing lanes, and driving split-lane that lead to accidents.
Who is liable in a motorcycle accident?
Texas is a “fault” state which means that the driver who is deemed negligent is therefore responsible for paying for any resulting injuries and damages. To prove negligence, you have to show that someone either did something to directly cause an accident or that they failed to take action. You must also prove that it was that failure of action that directly led to the accident happening. Once this is determined, whoever is at fault for the accident then becomes responsible and liable for paying for the effects of the accident.
What are the elements needed to prove negligence in a motorcycle accident?
The plaintiff in a motorcycle accident must prove four things to demonstrate that the other driver was at-fault and negligent. The plaintiff must show:
- The defendant didn’t take the additional care that is required when a motorcyclist is in the vicinity of the car
- They didn’t take “reasonable care” to ensure the safety of the motorcyclist. (Reasonable care means that they didn’t behave as another reasonable person would if faced with the same circumstances.)
- The defendant directly caused the injuries to the motorcyclist.
- The defendant caused actual injury and damages to the plaintiff. If the motorcyclist can’t prove injury, then the motorcycle driver will not be able to receive compensation.
Why should hire a Houston lawyer for your motorcycle accident?
If you are in a motorcycle accident, regardless if you are at fault or not, it is critical that you hire a Houston lawyer who is experienced in motorcycle accident law. Since motorcycle accidents differ from other types of automobile accidents, you should hire someone who is versed in motorcycle law and the complexity of figuring out who is at-fault. That way you can trust someone to discover who is responsible for paying for any resulting injuries or damages. Don’t be stuck paying for someone else’s mistake. Hire the right attorney to protect you.