Fault in Fort Worth Motorcycle Accidents
There are many ways a motorcycle crash could happen, and likewise, there are several different parties who could be found responsible for causing the collision. Determining fault in Fort Worth motorcycle accidents is not always an easy task, which is why it is essential to enlist the help of a skilled motorbike wreck attorney. To learn more about how you could recover compensation from the liable party in your collision, talk to our team of trusted lawyers today.
Determining Responsibility for Motorbike Crashes
Proving fault in a motorcycle accident requires the same elements needed in a car wreck. The plaintiff still has to prove specific elements, which include:
- The defendant owed a duty to the plaintiff
- The defendant breached that duty
- The plaintiff suffered an injury
- Poof that the defendant’s breach caused the injury
All of those elements must be satisfied in a motorcycle crash case for a plaintiff to be eligible to receive compensation for their losses. Anyone hoping to prove these elements should talk to a Fort Worth attorney who is familiar with proving liability in motorcycle collisions.
Who Could Be Filed against in a Motorcycle Collision Claim?
Each motorcycle wreck is unique. Depending on who is liable and the type of damage inflicted, claims stemming from a motorbike crash could vary greatly from one another.
Wrecks that do not involve another vehicle differ from accidents caused by another vehicle. This means some claims are filed against the motorcycle rider’s own insurance while others are filed against the company that insures the driver who caused the crash. If someone is found at fault for a collision, then they would have a claim against their policy for at least the property damage portion.
If someone is not found at fault, then they would have a claim for both the property damage and bodily injury if they were injured because of the at-fault party. This is true only if the hurt plaintiff has insurance. If they do not have insurance, then the injured person would only have a claim against their policy for bodily injury and property damage if they had uninsured motorist coverage. Otherwise, they may not be able to file for any type of compensation.
Anyone with questions about filing against who was responsible for the collision should talk to a Fort Worth motorbike wreck attorney as soon as possible.
Is Fort Worth in a Comparative or Contributory Negligence Jurisdiction?
The state is a contributory negligence jurisdiction. This means it follows the contributory negligence rule that states if an injured person is over 51 percent liable in a motorcycle crash, they cannot recover damages from the other party. Because of this, as long as the plaintiff is not above 51 percent liable, then they could file to collect for damages. A trusted attorney could help someone learn more about contributory negligence in a Fort Worth motorbike accident.
Call an Attorney about Fault in Fort Worth Motorcycle Accidents Now
Being involved in a motorbike collision is a traumatizing and sometimes life-altering experience. Ensuring that you receive all of the compensation to which you are entitled begins with proving who was responsible for the accident. Enlisting a diligent attorney to help prove fault in Fort Worth motorcycle accidents is your best chance of getting a positive case result. Call our office now to learn more.