If you were partially at fault for your motorcycle accident in Texas, you may or may not be able to recover compensation, depending on the circumstances and your degree of fault. An experienced motorcycle wreck attorney in San Antonio can evaluate your case and explain how your own negligence may play a part.
Texas is An At-Fault State
Texas is an at-fault state for car accidents, so the party found responsible for causing the accident is also responsible for paying for the victim’s damages. If multiple parties are responsible for an accident, they are responsible for paying for the victim’s damages.
Texas and Modified Comparative Negligence
Texas uses a modified comparative negligence system when the victim contributed to their own injuries. Under this system, accident victims can seek compensation for the accident as long as they were not more than 50% at fault for the accident. However, their compensation is reduced by their degree of fault.
Example of How Modified Comparative Negligence Works
Let’s take an example of how modified comparative negligence would work in a motorcycle accident: You’re driving, traveling straight, going slightly over the speed limit. A driver of a passenger vehicle suddenly turns left in front of you, causing a crash. You are determined to be 10% at fault because you were speeding. If you suffered $100,000 in damages, your compensation would be reduced by 10% or $10,000.
Let’s change the facts now. The other driver was speeding when you turned left in front of them, failing to yield the right of way. The insurance adjuster says you were mostly at fault for the accident, which wouldn’t have occurred if you had properly yielded. Because you were more than 50% at fault for the accident, you can’t recover compensation.
Assessing Fault in a Motorcycle Accident Claim
Insurance companies, personal injury lawyers, and juries can help determine fault after a motorcycle accident. They can analyze evidence and apportion responsibility between the parties. This evidence could include the following:
- Accident reports and initial assessments by police
- Statements from the parties involved in the accident
- Witness statements
- Video footage from traffic cameras, helmet cameras, or nearby surveillance cameras
- Property damage to the vehicles
- Photos of the accident scene
An experienced motorcycle accident lawyer can look for evidence that supports your version of events and argue that you were not mostly at fault for the accident.
Dealing with Insurance Companies After a Motorcycle Accident Involving Fault
In accidents involving comparative fault, you can expect the insurance company to use this against you. They will try to push your apportioned degree of fault over 50% to get out of paying any compensation. If that’s not possible, they will try to attribute as much fault as possible to you to reduce their liability. Some of the tactics they might employ are:
- Trying to get you to admit to more fault than you are responsible for
- Locking in statements during a recorded statement
- Recording you making inconsistent statements to question your credibility
- Minimizing your injuries
Contact an Experienced Motorcycle Accident Lawyer for Help
If you were involved in a motorcycle accident mostly caused by someone else, an experienced auto collision attorney in San Antonio can help protect your rights. Contact George Salinas Injury Lawyers for a free case evaluation today.