While there are many advantages to riding motorcycles, there are inherently more risks when riding on these vehicles, especially if you get into an accident. If you got hurt in a motorcycle wreck because of someone else’s negligence, a personal injury attorney could help you seek fair compensation through litigation. A conversation with a Midland motorcycle accident lawyer could help you understand your legal options, identify what the best course of action is, and take proactive steps toward comprehensive monetary recovery.
How Does Comparative Fault Work in Motorcycle Accident Cases?
Motor vehicle drivers owe a “duty of care” to everyone else on the road with them, whether they are other drivers, motorcyclists, bicyclists, or pedestrians. Accordingly, if a driver does something reckless or careless and causes harm to a motorcyclist as a result, that driver may bear civil liability for the rider’s ensuing damages.
At the same time, though, motorcyclists have a duty to ride carefully and obey traffic laws as well. Failing to do so could have a significant impact on their ability to recover civil compensation. Under Texas Civil Practices & Remedies Code §33.012, anyone found partially to blame for their own injury may have whatever damage award they recover proportionately reduced by their percentage of fault. A plaintiff who is 51 percent or more to blame cannot recover any money at all.
Depending on the circumstances, comparative fault by a motorcyclist can take a lot of different forms, from riding between traffic lanes to failing to wear a safety helmet. A Midland attorney could provide crucial help by fighting these kinds of allegations in a motorcycle accident claim and working hard to maximize civil recovery.
Seeking Restitution for all Available Damages
Assuming there are no issues with comparative fault, an injured party who files suit may be able to hold a negligent defendant liable for various forms of harm. Recoverable damages may include both objective losses like medical expenses as well as subjective losses like pain and suffering. These typically depend on exactly what “compensable” forms of harm a plaintiff can prove they suffered as a result of the accident.
In extremely rare situations, a court may elect to add punitive damages onto a plaintiff’s compensatory damages with the express purpose of punishing the defendant for their egregious behavior. An attorney in Midland could help an injured party determine what forms of compensation they may be able to obtain based on the specifics of their motorcycle accident.
Work with a Midland Motorcycle Accident Attorney
As a motorcyclist, you have an equal right to share the road as anyone in a commuter car or commercial truck. Unfortunately, that right does not always translate into respect from other drivers, and that lack of respect can sometimes leave riders seriously injured and dealing with numerous personal and financial losses.
If you suffered harm while riding your motorbike, a Midland motorcycle accident lawyer could work with you to demand financial restitution from the responsible party. Call today to discuss your potential claim.