The main intention of filing a lawsuit is to get fair justice for the injuries and losses sustained in an accident. The best thing to do is choose the right law firm or attorney to help you highlight your part of the story and file the case against the offender.
Houston's major motorcycle accidents occur due to hazardous road surfaces, and the municipal government failed to warn riders about potential accidents. Sudden interference from other vehicles or wildlife can also cause fatal accidents, especially motorcycle accidents. However, the traffic laws can not stop the danger of riding a bike. Therefore, if you encounter any accident, hiring a top Houston motorcycle accident attorney can save your rights as a victim and provide legal aid if required for your injuries.
How To Prove Negligence In A Motorcycle Case?
In Houston, if you are involved in a motorcycle accident, you will be charged with a ticket, and a local police officer can detain you for inspection. It is not always true legally, and getting a ticket does not mean you are at fault. However, you can hire a Houston motorcycle accident attorney if you have sustained any injury and failed to recover your compensation. He can help you prove the other party’s negligence and investigate for adequate evidence, such as:
Duty Of Care
This entails a situation where the at-fault rider must have performed their part of duty, whether following traffic rules or riding their motorcycle properly. But if you are suing the ay fault rider, you must prove that the offender owed you a duty of care.
Breach Of Duty Of Care
Prove that the offender has broken their duty of care, and if you were that responsible person, you would not have done the same as they did.
The Breached Duty Led to Your Injuries
Prove the collision has caused you injuries. Remember, it is easy to blame someone else for an accident; even their insurance companies might try to downplay or deny the claim.
You can provide evidence to prove mentioned situations and that you sustained serious injuries in the accident, which will strengthen your case. Hence, proving fault or negligence is crucial to recovering your compensation. Your Houston motorcycle accident attorney will be able to assist you in gathering evidence to show that you suffered all of these losses.
What Evidence Can Prove Negligence In A Motorcycle Accident
Each piece of evidence will build your case strong. Adequate monitoring from the initial level is also required to present strong evidence. Here is a guide you can follow to gather your favorable evidence:
- Begin with saving all your medical records.
- After that, if possible, you must report the incident to the authorities immediately.
- Exchange information and ensure you have the other driver’s name, contact information, and insurance details. Gather all medical costs, motorbike repair costs, receipts, and missed pay, which should all be recorded after an accident.
- You must have any other relatable evidence. They can be strengthened by any other proof you have.
However, proving evidence alone would not suffice. It is also important to identify the negligent parties and understand that more than one party can be responsible for the crash.
Comparative Negligence Law In Motorcycle Lawsuits
While the blame for negligence can be shared with multiple parties, you can gather evidence against every defaulter. In Texas, Houston motorcycle cases can be distinguished based on comparative negligence.
However, Texas applied a modified version of comparative negligence. You can file for compensation if you have been partially involved in an accident and have a half share in negligence. But if your share exceeds more than fifty percent, to blame, you will not be entitled to compensation. This auto accident law in Texas is known as the “51% bar.
How Can An Attorney Help In Motorcycle Accidents?
Each case often requires a different approach to resolve. But with the right strategy and experience, the top Houston motorcycle accident attorney can help you determine your case with the optimum compensation. Here is how they can help:
- The attorney will investigate thoroughly and locate witnesses. With the onboard witness, they will discover what witnesses have to share.
- They will help you get the necessary medical care if required.
- Get a certified copy of the crash report.
- Your attorney will ask you to gather all medical bills and records and study them to calculate the entire cost you have invested in your rehabilitation.
- While working on your case, they ensure you get the best medical treatment. They can speak with treating physicians.
- Ask experts to explain liability and damages to the court and represent your case with a strong conversation. Most insurance companies downplay the compensation amount. They deal with health insurance subrogation or hospital liens.
- They investigate insurance coverage and negotiate with the adjusters to ensure you get what you deserve. They help you file a lawsuit to protect your rights and work tirelessly to maximize your compensation.
However, some attorneys in Huston work on a contingency fee basis. This means if you win the case, they will charge you fees. So, if you are injured in Houston in a motorcycle accident, you must file your complaint and get compensation for all your rehabilitation expenses and other property damages.
