The Dallas motorcycle accident lawyer at the Doan Law Firm represents those injured in motorcycle accidents and their families. In Texas, motorcycles and cars usually share the highways without incident. When an accident involving a car and a bike does occur, the motorcyclist will almost always suffer the more serious injuries.
459 motorcycle riders and passengers died in motorcycle accidents
1,887 riders and passengers suffered incapacitating injuries
3,324 drivers and passengers suffered non-incapacitating injuries
It is a fact that motorcycle accident victims, on average, will require longer periods of medical care than any other accident victims. In some cases this will include prolonged stays in a skilled nursing due to catastrophic brain and spinal cord injuries. It is also a fact that catastrophic injuries can quickly exhaust the benefits of the victim’s health insurance policy and leave the victim’s family with a large financial burden.
Liability in Texas Motorcycle Accidents
Whenever there is a traffic accident, one of the first issues to arise is who was at fault in that accident. Determination of fault, and thus liability, is a civil matter. Liability is established in a civil court rather than by a criminal court!
When a motorcycle accident occurs on a Texas highway, it is investigated by law enforcement in the same manner as any other accident. This investigation can lead to the investigating officer issuing traffic citations to one or more parties involved in an accident if it appears that a state traffic law was broken. The investigation at the scene of an accident does not establish who was at fault!
Why You Need a Dallas Motorcycle Accident Lawyer
One of the first defenses the liable party in a motorcycle accident injury case will raise is that the bike rider was also partially responsible for the accident and thus cannot recover damages. If the liable party can prove this “contributory negligence” defense, any damages awarded can be substantially reduced. In some cases, liability for damages can be completely eliminated!
This reduction, or even possible elimination, of damages resulting from an accident is due to the fact that the Texas courts use what is known as the “Modified Comparative Fault – 51% Bar” rule. Under this rule, a person injured in any type of accident cannot recover damages from the other party if he or she is 51% or more at fault for the accident.
This rule is best understood by example:
A rider is injured in a motorcycle accident and is initially awarded $100,000 in damages. The jury also finds that the rider was also 25% at fault in the accident. The damages but damages awarded will be reduced by 25% and the damages paid will be reduced to $75,000.
Another rider was injured in an accident but the jury determine that the rider was 60% at fault. The rider cannot recover damages because he was more than 51% responsible for the accident.
Our Dallas Motorcycle Accident Lawyer Works For You
From the information provided in the above sections of this page, you can see that a motorcycle accident victim could very easily lose a substantial portion of any damages that they were awarded if they attempt to settle their personal injury claim themselves. With the services of a Dallas personal injury lawyer who is experienced in managing motorcycle accident injury cases, you have a better chance of securing a fair recovery.
If you or a family member have been injured in a motorcycle accident, you should contact the Dallas motorcycle accident lawyer at the Doan Law Firm by calling (214) 307-0000 to discuss the facts of your accident and explore the options that might be available to you.
When you call the Doan Law Firm, your initial consultation with our Dallas motorcycle accident lawyer is always free and does not obligate you to our firm in any way.
If you decide that we should manage your motorcycle accident injury case, we will assume responsibility for all expenses related to winning your case. This includes accident reconstruction analysis, witness depositions, and any court filings or legal fees. In return, we will accept a previously agreed-to percentage of your final settlement as payment in full.
To protect your legal right to compensation for your motorcycle accident injury, you need the Dallas motorcycle accident lawyer at the Doan Law Firm on your side!