Who Is at Fault for My Austin Motorcycle Accident?
When it comes to motorcycle accidents, getting compensated for your injuries means knowing who was at fault and how. In many cases, more than one individual or entity will be to blame, and it will be important to name them all in your personal injury claim in order to maximize your compensation.
Partial Responsibility and Comparative Fault
Fault and compensation are tightly intertwined. One of the reasons that it’s important to fully demonstrate the other side’s negligence is because the more fault you are found responsible for, the more your settlement will be reduced in the end.
As an example, if the insurance company can convince a jury that you are 25 percent at fault for your motorcycle wreck, then your financial award will be reduced by that same percentage. So if your award was $100,000, you’ll only receive $75,000 once your level of negligence is applied.
If another vehicle was involved in your motorbike wreck, then the investigation will begin with assessing whether they caused the collision. It’s the rare traffic accident that wasn’t preventable, and driver error is easily the number one cause.
These are just a few of the factors that will need to be considered when assessing another driver’s level of responsibility:
- Distracted driving, such as cell phone use or eating while behind the wheel
- Intoxicated driving, whether by drugs or alcohol
- Drowsy driving
- Speeding and reckless driving
Companies and Manufacturers
Sometimes outside third parties are responsible for causing a motorcycle accident. These can be some of the most difficult to prove, as their link to what happened isn’t always obvious. Defective parts and tires are probably the most common example of manufacturer involvement and might be indicative of a widespread problem that could justify a product recall.
A construction company responsible for roadwork is another commonly seen example. Roadwork crews don’t always secure their worksites as well as they should, and debris left in the road and other hazards are particularly dangerous to motorcyclists.
A number of single-vehicle accidents that involve motorcycles are later determined to be caused by dangerous road conditions. A pothole, steep shoulder drop-off, missing guardrail, or loose gravel could all easily lead to a crash.
This often implicates the government entity responsible for keeping the road maintained to safe standards. When this happens, you need to speak with an attorney as soon as possible because Texas has very strict time limits for filing claims against the government—just six months in most cases. In Austin, the time limit is much, much shorter and you actually only have forty-five days in which to give notice of your claim.
Speak with an Austin Motorcycle Accident Attorney
If you need help determining who was at fault for your motorcycle crash, Colley & Colley can help. By scheduling a free consultation, we can go over the details of your case and give you honest advice on how best to handle your claim. Just complete the contact form below or give us a call at 1-877-411-2001.