How Fault Is Determined In A Motorcycle Accident
Sometimes it can be hard to figure out who was at fault in a motorcycle accident. If you got hurt in a crash, the last thing you want to think about is proving that the other driver caused it, especially if you’re still trying to heal from a serious injury.
If you are looking to get compensation for your accident, it is crucial to establish who is at fault in your personal injury case. The Law Office of Brian Brunson is here to discuss the importance of proving fault in order to successfully argue your case, come out on top, and receive the compensation you deserve.
In Texas, the law uses a “modified comparative fault” rule, which says that a person can only get compensation if they are found to be less than 51% at fault. If they are 51% or more at fault, they won’t get any compensation.
Factors Used When Determining Fault
If you’ve been involved in a motorcycle or car accident, it’s really important to establish who was at fault and how much responsibility the other driver holds. This information is crucial for strengthening your personal injury case. There are several factors which must be considered.
- Did the driver act in a way that ensures the safety of other people on the road?
- Did the driver fail to uphold their obligation to act with reasonable care towards other drivers on the road?
- Did the driver exhibit carelessness which led to the crash, your injuries, and any other harm that occurred.
- Did the driver cause some kind of monetary harm, such as not being able to work and earn money, or getting physically injured
Why Collecting Evidence Is Crucial
When we talk about proving fault in a motorcycle accident in Dallas, the same rules can be applied if you were involved in a car accident on any highway in Texas. It can be challenging to prove negligence or fault in personal injury cases, especially when you have to deal with the insurance adjuster from the other driver.
Gathering proof and documenting information regarding your accident plays a crucial role in building your personal injury claim. Injured individuals involved in motorcycle accidents usually have to gather the following evidence to strengthen their case.
- The official police documentation
- Accounts from people who saw the incident
- Video recordings from security cameras
- Your own observations regarding the accident
- Details about your motorcycle and helmet
- The riding outfit and safety gear you had on during the accident
- Medical expenses from your treatment and financial details related to the crash, including proof of lost wages
- Information from your insurance policy, such as liability coverage amounts and total deductibles
- Records of any statements made to authorities
- Any additional evidence that supports your case, like photos or witness contact info
IF YOU’VE BEEN INVOLVED IN A MOTORCYCLE ACCIDENT, CONTACT THE LAW OFFICE OF BRIAN BRUNSON TODAY.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
