Experienced Motorcycle Accident Attorneys Help Injured Victims in Round Rock, Texas
Motorcycles are increasing in popularity as a convenient, affordable, and fun mode of transportation. According to the US Department of Transportation, there were 374,919 motorcycles registered in Texas in 2016, which is almost one motorcycle for every 75 Texans.
Unfortunately, riding a motorcycle can be dangerous, and motorcycle accidents produce a disproportionate number of serious injuries and fatalities. Because of their smaller size and increased mobility, motorcycles can be a challenge for conventional motorists to account for, which increases the likelihood of a serious collision.
Victims in motorcycle accidents often face unique challenges when pursuing personal injury lawsuits. They can face bias in relation to cultural perceptions about motorcyclists, and scrutiny about the proper use of safety equipment like helmets and suitable leathers. These factors can raise questions about fault and negligence, which can significantly impact the result of a motorcycle lawsuit.
Duty of Care
The question of ‘duty of care‘ is particularly significant in most motorcycle accident lawsuits. ‘Duty of care’ refers to everyone’s legal responsibility to act with reasonable care in the actions they take. In other words, it’s the legal responsibility each of us has to consider how our actions will impact others.When determining negligence in a personal injury lawsuit, the court must determine whether the parties named in the lawsuit fulfilled this responsibility. Failure to fulfill the duty of care means a person acted negligently, which establishes grounds for the lawsuit.
In cases involving motorcycle accidents, the determination of duty of care is complicated by a variety of factors. For example, because a motorcycle is smaller than a conventional car, it may be more difficult for a driver to see in rain, foggy conditions, or at nighttime. Although these circumstances do not change a driver’s duty of care or their responsibility to be aware of all surrounding vehicles, they may affect the court’s decision about who is at fault.
Motorcyclists are also held to the rule of duty of care, and in a lawsuit, a defendant may challenge the victim’s fulfillment of this duty. Motorcyclists can take extra steps to demonstrate they have fulfilled their duty of careby demonstrating a consistent record of motorcycle maintenance and timely inspection, or a recent record of tire replacement.
What Do You Need to Prove Negligence?
In a personal injury lawsuit, the plaintiff has the ‘burden of proof‘ to demonstrate that the respondent acted negligently or recklessly. Physical and non-physical evidence thatcan establish negligence may include:
- Photographs of the accident site
- Photographs of damage to the vehicles
- Video footage of the accident
- Medical records related to accident injuries
- Witness statements or testimony
- Expert testimony
- Damage analysis
What Compensation Are You Entitled To?
Under Texas law, accident victims are entitled to compensatory damages related to direct and general costs, including:
- Hospital bills
- Lost wages
- Loss of earning capacity
- Property loss (including damage to a vehicle)
- Ongoing costs related to medical care and rehabilitation
- Pain and suffering
- Acute or ongoing emotional distress
- Loss of ability to have children as a result of accident injuries
- Loss of an extremity
Contact a Round Rock Motorcycle Accident Attorney
If you’ve been involved in a motorcycle accident, given the complexity of motorcycle accident lawsuits and the high financial and emotional stakes involved, it is highly recommended that you consult with an experienced Round Rock motorcycle accident lawyer. At Elissa I. Henry Law Firm, PLLC, we have the experience, resolve, and compassion to provide you with robust legal support in pursuit of your personal injury claim.
Our Round Rock motorcycle accident attorneys have helped many clients around the Austin and Round Rock areas obtain the compensation they and their families need. Our commitment to accessibility and understanding has contributed to our extremely high rating in client satisfaction. If you have been injured in a motorcycle accident, contact us today for a free consultation at (512) 766-4529.