Motorcycles allow for uniquely exciting trips from one place to another, but they can also be uniquely dangerous to ride if other drivers nearby do not give bikers the space and respect they are owed by law. Fortunately, if another person’s negligence led directly to you or a loved one getting in a motorcycle crash, you may have grounds for civil litigation against that person for all ensuing losses.
A knowledgeable Kyle motorcycle accident lawyer could be a vital ally to have on your side during your case. A seasoned personal injury attorney’s guidance could make a world of difference in your ability to adjust to unforeseen circumstances and make the most of your claim no matter what happens.
Who Can be Liable for a Motorcycle Crash?
The duty of care that drivers in Texas have to act responsibly and in accordance with state traffic laws applies just as much to motorcyclists, bicyclists, and pedestrians as it does to other drivers. That means that if a driver in Kyle strikes a motorcycle or otherwise forces a motorcyclist to crash, they could bear civil liability for the consequences of their misconduct.
Depending on the circumstances, there may be other parties besides reckless or careless drivers who could bear civil fault for a motorcycle wreck. For example, some motorbike accidents occur without another driver or rider being involved due to a mechanical failure in the bike itself, which may be attributed to the fault of a negligent mechanic or component manufacturer that provided defective parts.
Likewise, a municipal entity or other government authority that fails to properly maintain driving surfaces could be considered partially or primarily at fault for a motorcycle accident involving a pothole, faded traffic markings, or broken road signs. An attorney in Kyle could help identify and take appropriate legal action against every individual and entity involved in a particular motorcycle crash.
Potential Challenges to Comprehensive Recovery
In addition to the various parties who could bear fault for a motorcycle wreck, a motorcyclist injured in such a wreck could also be found partly to blame for their own damages if they too acted negligently in some way. Under Texas Civil Practices and Remedies Code §33.001, a motorcyclist found more at fault for their injuries than all other involved parties combined would be ineligible to seek compensation for any ensuing losses.
Furthermore, Texas Civil Practice and Remedies Code §33.012 allows courts to reduce an injured motorcyclist’s recoverable compensation in proportion to the percentage of fault assigned to them, as long as that percentage does not disqualify them from filing suit.
It is also important to note that Texas Civil Practice and Remedies Code §16.003 only gives potential plaintiffs two years after sustaining harm in a motorcycle collision to initiate civil litigation. Not filing suit within this deadline after a motorcycle crash in Kyle could result in the case being by the court, making it imperative to retain a lawyer as soon as possible after an accident.
Seek Help from a Kyle Motorcycle Accident Attorney
Motorcyclists involved in traffic accidents tend to suffer substantially greater injuries than people inside motor vehicles would under the same circumstances, often making civil recovery all the more essential. However, making sense of the many procedures and restrictions that apply to cases like this can be next to impossible without representation from experienced legal counsel.
A capable Kyle motorcycle accident lawyer could stand by your side from start to finish of whatever legal option you pursue. Schedule your initial consultation today.