Who’s Liable After a Motorcycle Accident in Texas?

Motorcycle accidents can be devastating and leave riders with significant, life-altering injuries. Determining who’s legally responsible for a motorcycle accident in Texas is often complicated, and insurance companies don’t make it any easier. 

At Calhoun Meredith, PLLC, our Houston motorcycle accident lawyers understand how important it is to quickly and accurately identify liability in these cases. That’s why our legal team is here to investigate your accident and hold the right parties accountable.

If you’ve been involved in a motorcycle crash, contact Calhoun Meredith, PLLC, today at (832) 430-6210 to schedule a free consultation.

Let’s fight for the justice and compensation you deserve.

Who Can Be Held Liable for a Motorcycle Accident in Texas?

In Texas, liability in motorcycle accident cases hinges on who acted negligently. Common liable parties include other drivers, commercial vehicle operators, government entities responsible for road maintenance, and even motorcycle or parts manufacturers.

For example, if a car driver failed to yield or changed lanes without checking blind spots, they could be found to be at fault. If a construction crew left debris on the road without warning signs, the city or the contractor could bear responsibility.

In some cases, multiple parties could share liability, depending on the circumstances. Determining liability requires the help of an experienced Texas motorcycle accident attorney who can conduct a thorough investigation and analysis of the cause.

Can I Still Recover Damages if I Was Partially at Fault for the Motorcycle Accident?

You can still recover damages even if any portion of fault is yours for the motorcycle accident. Texas implements a comparative liability standard, which allows injured parties to recover damages if their share of fault is less than 51%. If you’re found to be 51% or more at fault, you’re barred from recovering anything.

If you’re less than 51% at fault but some blame is assigned to you, any compensation you’re awarded could then be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, the total amount of any awarded damages could then be reduced by 20%, and $100,000 would become $80,000.

Insurance companies often try to shift blame onto motorcyclists, claiming the likelihood of lane splitting, speeding, or unsafe maneuvers. That’s why it’s important to work with a lawyer who can challenge these claims, gather evidence, and present a clear picture of fault. Even if you think you were partly responsible, never assume you’re not owed anything. Talk to an experienced attorney first.

What Evidence is Used to Determine Liability in a Motorcycle Crash?

Proving liability after a motorcycle accident requires solid evidence, and some of the key types of evidence include police reports, witness statements, traffic camera footage, dashcam or helmet cam recordings, and physical evidence from the crash site such as skid marks, debris patterns, and vehicle damage documentation.

Photographs of the scene and injuries can also be important. In addition, medical records can help show the extent of your injuries and link them back to the accident.

In more complex cases, accident reconstruction experts may be used to recreate the crash and pinpoint the cause. Gathering this evidence quickly is important, as details can fade, scenes get cleaned up, and witnesses could become hard to contact.

Is the Other Driver Always at Fault in a Motorcycle-Car Collision?

While car drivers often fail to see motorcycles or misjudge their speed, liability isn’t automatically assigned to them in every motorcycle crash. Each accident must be investigated and evaluated according to its own specific circumstances.

A car driver could be at fault for failing to yield, making an unsafe lane change, or driving distracted. However, if the motorcyclist was speeding, weaving between cars, or running a red light, they could be held partially or fully responsible, no matter their injuries.

In Texas, the law requires that negligence must be proven, which involves showing that the other party breached a duty of care and caused the accident.

However, insurance adjusters may quickly assume the motorcyclist was reckless, which can unfairly shift the blame. That’s why it’s important to have an attorney on your side who understands motorcycle dynamics and knows how to challenge these biased assumptions.

Protect Your Rights After a Motorcycle Accident

At Calhoun Meredith, PLLC, we take a no-nonsense approach to protecting your rights and uncovering the truth. Don’t risk losing out on the compensation you’re entitled to because of uncertainty or delay. 

Contact our offices today at (832) 430-6210 for a free consultation. We’re ready to fight for you on your terms and on your timeline.