Motorcycle Accident Lawyer in Lubbock, TX
4708 67th St #200
Lubbock, TX 79414
Call (806) 557-0000
Motorcycle riding comes with many risks, but that doesn't mean it comes
with inherent liabilities. If you're in a motorcycle accident in Lubbock,
you should understand the risks you took by riding doesn't mean you
were at fault for the accident. This is important, as it can directly
influence a personal injury case.
The Risks Involved with Riding a Motorcycle
It's true that everything about motorcycles are risky. The motorcycle
itself is a risky piece of machinery. Driving the motorcycle is considered
risky behavior. The desire to drive a motorcycle is sometimes considered
a risky mindset. Here are some of the more specific risks that come with
riding a motorcycle.
Motorcycles themselves are risky
Motorcycles are low to the ground, small, light, and only have two wheels.
They represent an extreme risk. Other motorists have a hard time seeing
them. They are not as stable as other motor vehicles. Some of them are
even built specifically to facilitate high-risk behavior such as speeding.
Not knowing how to ride a motorcycle is risky
Getting on a motorcycle without training and practice is risky behavior.
You need to know what you're doing, and you need a proper motorcycle
license. Riding a motorcycle takes skill. As you gain skill, you learn
how best to handle your bike. Without skill, you can definitely end up
in an accident.
Roads do not accommodate motorcycles
Another risk is the very roads you ride on. Road surfaces favor four-wheeled
vehicles. Motorcycles are not good for uneven roads or roads with a lot
of debris. A car can drive over a pothole; a motorcycle can flip or crash
when it hits a pothole. That's why just riding a motorcycle can constitute
Motorcycles offer no real protection
Motorcyclists have no barrier between their bodies and the world around
them. While this contributes to the freedom often associated with motorcycles,
it also adds heavy amounts of risk.
Keep in mind that you have no seatbelt, and most bikes lack anything like
an airbag. When you hit something, you can go flying for several feet
before hitting something solid. This is why most motorcycle accidents
are especially severe for motorcyclists.
These are just some of the risks. Wearing safety gear and obeying traffic
laws can help to mitigate them, but there's no way to completely remove
the risk from riding a motorcycle.
Can That Risk Turn Into Liability?
Figuring out liability in a motorcycle accident can become tricky. All
of those previously mentioned risks often make it seem as if any accident
is the motorcyclist's fault.
There are risks associated with driving any motor vehicle. Just because
there's more risk with motorcycles, it doesn't mean you have to
take the blame for an accident. Liability can come in many forms.
Risky but legal behavior is not grounds for liability. However, because
you took part in risky behavior (riding a motorcycle), it's harder
to prove that you had little or no fault in an accident. Generally, you
will have to prove these four things:
- The law says the negligent party must wait for right of way at an intersection
- The negligent party carelessly drove through the intersection
- That faulty conduct caused you to suffer an injury
- You have (or had) an injury and can prove it
For example: You have the right of way at an intersection. You push off
to cross, but a car speeds into the intersection from the right. You see
it and start backing up, but the car still hits the front of your bike
and sends you tumbling off it. That fall causes you to break your wrist.
All of the elements are there.
- The car driver wasn't paying attention
- The car driver ran a stop sign or didn't obey the right of way
- These actions led to the car hitting you which caused the injury
- You have a broken wrist and can prove it
The fact that you were on a motorcycle is the reason you suffered your
injury. But remember, you have every right to be on the road. So even
though your riding constitutes risky behavior, it doesn't make you
at fault in this example.
It's also possible for you to hold some of the liability in the accident
as well. If the negligent party can disprove any of those four elements,
then you can lose the case. Some cases can find you partially at fault.
Because Texas uses a comparative negligence system, you can still recover
some damages if you have a partial blame.
Contact an Experienced Motorcycle Accident Lawyer from The Doan Law Firm
Don't let the insurance company, or the court, make you believe you
don't deserve full compensation because you participated in risky
behavior. Equally, you shouldn't allow the negligent party to poke
holes in your proof.
The best way to deal with these kinds of cases is with the help of a motorcycle
accident attorney from the Doan Law Firm. If you're in a motorcycle
accident in Lubbock, contact the Doan Law Firm as soon as you possibly can.