Texas is a fault state meaning that the person responsible for causing the injury is liable for paying the damages. Determining who was at fault for a crash is critical to your claim. Fault can be shared by you and the operator of the vehicle.
Texas enforces safety laws that must be observed by all drivers, including those on motorcycles. Texas law prohibits motorcyclists from driving between lanes (often referred to as lane splitting) when traffic is slow or stopped. Where this is violated, the motorcyclist could be at fault for any resulting accident.
Texas follows what is known as the 51 percent bar rule which means that if you are 51% or more at fault for your injury, you are unable to collect damages from the other party. Furthermore, Texas uses a modified comparative fault standard which reduces the amount of compensation you can collect by your percentage of fault. For example, if you were awarded $50,000 in damages, but it was determined that you were 20 percent at fault for the accident occurring, then you would receive $40,000.
IF YOUR LOVED ONE WAS INJURED IN A MOTORCYCLE ACCIDENT
If your spouse or loved one was incapacitated in a motorcycle crash, you can file a personal injury claim on their behalf. For example, if your spouse suffered a serious head injury in the crash which renders them incapable of making decisions, holding a job, or even taking care of normal daily activities, your attorney can assert a personal injury claim.
If your loved one was killed, a surviving spouse, children, or parents of the deceased person may file a wrongful death claim.
Establishing negligence of the other party is critical to your ability to recover damages on behalf of your loved one. The cost of taking care of an incapacitated spouse, or in the wake of their death, can be devastating.
DAMAGES THAT MAY BE RECOVERED
In Texas, you can recover special damages and general damages from a negligent driver.
Special damages include more quantifiable damages such as:
- property damage
- medical expense and future medical expense
- lost wages and future lost wages
General damages are less quantifiable but include:
- pain and suffering
- mental anguish
Spouses of injured or deceased victims can also make a claim for loss of consortium. Regardless of the circumstances surrounding your accident, it's imperative that you speak to an experienced personal injury attorney as soon as possible to pursue justice for your case. If you or someone you know has been in a motorcycle accident, don't face your legal challenges on your own. Contact my firm today to schedule a free case consultation and discuss the details of your case.