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 Lubbock 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.
Why Are Motorcycles More Risky Than a Car?
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.
Unskilled Riders Are Prone to Accidents
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 risky behavior.
Motorcycles Offer Very Little 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 and our motorcycle and car accident attorney in Lubbock is here to help.
Determining Liability in a Lubbock Motorcycle Crash
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. Our experienced attorney is ready to fight on your behalf to secure fair compensation for your injuries.
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.