A man riding a stolen motorcycle was killed recently when the motorcycle hit a barricade near the 8000 block of Research Boulevard. The rider lost control and slammed into the barricade dividing the lanes of traffic, causing him to be thrown to the ground, and he was pronounced dead at the scene. While the likelihood of motorcyclists being killed in accidents is far higher than it is for auto drivers or passengers, it is certainly not always a motorcyclist’s fault when a wreck occurs. If you have been injured in a motorcycle accident, you may be lucky to be alive – but if you were harmed due to someone’s negligence, you may be able to seek compensation for the injuries you have suffered.
Danger Is Elevated
The most recent available data from the National Highway Transportation Safety Administration (NHTSA) estimates that approximately 5,000 motorcyclists were killed in road crashes in 2018, and the likelihood of a motorcyclist dying in a motor vehicle crash is approximately 28 times greater than that of automobile occupants. This may sound absurd, but given the relative lack of protection cyclists have compared to auto drivers and passengers, the speeds at which many crashes occur, and the general lack of attention that motorcyclists receive from non-motorcyclists on the road, these and other factors do add up.
Motorcyclists do need to exercise good judgment on the road and ensure that they always ride sober and alert. However, car and truck drivers must also be certain to check their blind spots, be aware of potential lane splitting (illegal in Texas, but still common), and otherwise observe the general rules of the road. If you are injured, it will be up to a jury to decide who is negligent, but if you are able to act with the care that a reasonable person would exercise, it will be difficult for anyone to allege that you acted inappropriately.
Who Is Liable?
While the Research Boulevard accident involved only one person (as far as anyone knows) and their passing appears to have been due to their own actions, this may not be the case for many other accidents involving motorcycles. By far the most common type of motorcycle accident is between a bike and an automobile, and if you believe that your injuries have been caused by a negligent auto driver, you have the right to try and seek compensation for the harm you have suffered. In order to establish negligence, you must show three factors to the court: (1) that the defendant breached their duty to exercise reasonable care; (2) that the breach of duty was the direct cause of the injuries you suffered, with no other intervening cause; and (3) that you actually suffered harm.
Keep in mind that you may be judged to be partially responsible for your own injuries, but if you are, you should still be able to recover. Texas law maintains a concept called comparative fault, which holds that if you are found to be more than 50 percent responsible for your injuries, you may not recover because whoever is responsible for the majority of your harm is the one who is generally held liable. If that is you, there is no one to hold liable.
Call A New Braunfels Motorcycle Accident Attorney
Motorcycling is a hobby that many Texans enjoy, but it can end in harm. If you have been injured in a motorcycle crash, you need an experienced and compassionate attorney on your side who can help you get through what can be a confusing and frustrating time. The New Braunfels motorcycle accident lawyers at the Bettersworth Law Firm are ready and willing to try and assist you. Contact our offices today at 888-392-0039 to schedule a free consultation.