The riders of motorcycles in the Baytown area enjoy the same rights and protections while on the road as all other travelers. This means that other motorists must yield to them when appropriate and follow all of the other relevant rules of the road. It also means that drivers who cause accidents that result in a motorcyclist’s injuries must provide proper compensation to cover their losses.
A Baytown motorcycle accident lawyer at Kirk Law Firm, PLLC is here to help injured bikers pursue their cases to obtain the monetary damages they deserve. Our team of dedicated personal injury attorneys can work to investigate the cause of a crash, document all of the ways that it has impacted your life, and demand that at-fault drivers and their insurance companies provide the payments necessary to set things right.
Determining Liability in Motorcycle Crash Cases
The law in Baytown and throughout the rest of the state of Texas is clear in placing an obligation on travelers to protect all other people that they may encounter while on the road. This extends not just to people in full-size cars but also to those on motorcycles and other smaller forms of transportation. This means that if a driver causes an injury to those people, they are liable for all resulting damage.
Even with this basic concept in mind, the responsibility to prove fault for an incident still lies on an injured biker. This is where our Baytown motorcycle accident attorneys may be able to help. They could work to thoroughly examine a case and uncover the cause of a crash, placing the blame on negligent drivers. This could be the result of a failure to follow a rule of the road or simple carelessness that led to a failure to stop on time, or an inability to check a blind spot before changing lanes.
Our compassionate lawyers also strive to understand how an incident has impacted a victim’s life. This results in a comprehensive demand for compensation that takes medical bills, emotional traumas, and economic losses into account. Combining these factors allows our attorneys to present a case to insurance companies or juries that demands fair payments from the responsible parties.
Possible Limiting Factors in Motorcycle Accident Claims
Even if it appears that liability is reasonably clear following a motorcycle crash, certain aspects of the law may make it difficult to collect full compensation, such as:
Statute of Limitations
Every case that can go to a court in Baytown is subject to the state’s statute of limitations. This is a time limit following an injury within which a person must make a demand for payment if a court is to hear the case. According to Texas Civil Practice & Remedies Code § 16.003, this time limit is two years from the date of the collision. Abiding by this deadline is an essential part of any case.
Not every motorcycle accident is clearly a defendant’s sole fault. In fact, a concept under Texas state law called “modified comparative negligence” asserts that courts must evaluate the actions of the victims of injuries at the same time as they do the behavior of defendants. Under TX Civ. Prac. & Rem. Code § 33.001, the court will reduce its award at trial by the percentage of blame that it attributes to a victim. If this percentage amounts to 50 or more, the court cannot award any payments to the injured party. Our knowledgeable motorcycle accident lawyers in Baytown could provide more information about these potential limitations on motorcycle crash cases.
Speak with a Baytown Motorcycle Accident Attorney Now
Motorcycle wrecks are traumatic events that have the potential to devastate your physical health, mental well-being, and finances. If another driver’s actions were the cause of these losses, they have an obligation under the law to provide you with fair compensation. Even so, obtaining these payments from insurance companies is never as easy as it seems.
Reach out to a Baytown motorcycle accident lawyer at Kirk Law Firm, PLLC today. Our skilled attorneys are prepared to explain your rights under the law, perform a full investigation into the crash, measure your losses, and demand payments for the damages you suffered. Give us a call now to set up an appointment to discuss your case.