In some situations, a person or company may hold “strict liability” for an injury suffered by another person. For instance, if a consumer product has an unreasonably dangerous defect which the manufacturer should have corrected before a consumer was able to be hurt by it. When it comes to filing suit over motorcycle crashes, though, the central legal principle in play is almost always “negligence,” which has a different and often much higher standard of proof attached to it.
Understanding negligence in Colleyville motorcycle accident cases can be vital not just to building the strongest civil claim possible, but also to navigating around common procedural roadblocks that might otherwise keep you from getting paid what you deserve. While there is no substitute for help from a seasoned motorcycle crash lawyer, below is a brief primer on the legal theory of negligence and how it is typically applied in motorcycle crash claims.
What Qualifies as Legally Actionable “Negligence?”
Every person who operates any kind of motor vehicle on public Texas roads assumes roughly the same “duty of care,” which is an expectation supported by civil law that a person will act lawfully and responsibly under specific circumstances. The duty of care owed by commuter car drivers to motorcyclists—and vice versa—requires them to:
- Follow traffic laws
- Watch out for other people and vehicles near them
- Keep their full attention on driving at all times behind the wheel
Someone is “negligent” if they “breach” this duty by doing something specifically reckless, careless, or illegal—for example, violating a traffic law or driving while distracted—and that “breach” is subsequently the direct cause of an accident which results in at least one injury serious enough to require professional medical care. A person found negligent in this way can be held civilly liable for every “compensable loss” suffered by the injured person as a direct result of the accident, including things like:
- Medical bills
- Physical pain
- Bike repair costs
- Psychological distress
For a free legal consultation, call (817) 775-5364
The Possible Impact of “Comparative Fault”
Importantly, the fact that someone is filing suit over a motorcycle accident in Colleyville does not make them immune from being found partially to blame for the accident based on their own negligence. Suppose a court believes that a motorcyclist contributed to causing their wreck by violating a traffic law, being distracted or impaired, or otherwise acting irresponsibly while riding. In that case, the court may assign them a percentage of “comparative fault” to match their perceived share of the total fault for their accident.
According to Texas Civil Practice & Remedies Code § 33.001, no one who holds 50 percent or more of the total fault for a personal injury can recover any civil compensation for that injury, even if someone else was also partly to blame. Additionally, TX Civ. Prac. & Rem. Code § 33.012 allows a court to proportionately reduce the compensation available to any person who holds between one and 49 percent of the total fault for their wreck.
Colleyville Negligent Driver Lawyer Near Me (817) 775-5364
A Colleyville Attorney Can Further Explain How Negligence Works in Motorcycle Accident Cases
It is worth emphasizing that this is just a basic overview of what “negligence” is as a legal concept and how it typically plays into civil claims built around motorcycle wrecks. Effectively proving someone else at fault for a crash—not to mention proving that you were not at fault—can be difficult for anyone to accomplish on their own, especially while still dealing with serious physical injuries.
Fortunately, you have help available with establishing negligence in Colleyville motorcycle accident cases from seasoned legal professionals who know exactly how to handle situations like yours. Contact our firm today to schedule a free consultation with a knowledgeable lawyer.
Call (817) 775-5364 or complete a Free Case Evaluation form
