Experienced Plano Motorcycle Accident Attorneys Ready To Assist You
If you have been injured or tragically lost a loved one in a motorcycle accident, the Plano motorcycle accident lawyers at the Hartley Law Firm can help. We represent accident victims and grieving families in personal injury and wrongful death cases arising from all types of motor vehicle accidents, including motorcycle crashes. Our compassionate attorneys understand that this is a difficult time for you and respect that you may not be ready to file a case right away. However, we are here to answer any questions you have about the process, so you can make the best decision for yourself and your family.
Recovering After a Motorcycle Accident
In Texas, those injured in a Plano, TX motorcycle accident can pursue a claim for financial compensation against the party or parties responsible for the accident. These cases are referred to as personal injury claims. To successfully bring a personal injury claim, you must prove several elements.
Another Motorist Owed You a Duty of Care
In Texas motorcycle accident cases, the “duty” element is almost always established. This is because, under long-standing principles of common law, motorists owe a duty of care to others on the road.
The Other Motorist Breached the Duty They Owed to You
The “breach” element of a motorcycle accident claim requires you to show that the other driver violated a duty of care. This is often where another motorist’s negligent actions come into play. For example, evidence that a driver was distracted, intoxicated, or committed a traffic violation can be proof that they breached a duty of care.
The Driver’s Breach of the Duty Caused Your Injuries
The “causation” element requires that you establish that the other motorist’s negligent conduct was the cause of your injuries. It does not need to be the only cause; however, the more tenuous the connection between their negligence and the accident resulting in your injuries, the harder time you will have to establish this element.
You Suffered Damages from the Accident
When it comes to motorcycle accident cases, the “damages” element may seem obvious, and in many cases, it is. However, to succeed in bringing a Plano motorcycle accident claim, you will need to prove that you suffered economic or non-economic damages due to the other driver’s negligence. For example, medical bills, lost wages, and pain and suffering are all considered legally recognizable damages.
Can I Still Recover If I Was Partially at Fault for the Accident?
Yes, under Texas personal injury law, you can still recover if you shared responsibility for causing the accident. Texas courts rely on a system called “modified comparative negligence” when determining which accident victims are permitted to recover. The law prohibits accident victims from obtaining compensation from another at-fault motorist only when the accident victim was more than 50% at fault. However, in situations where you share a lesser degree of fault, your damages will be reduced by your percentage of fault.
Can I Bring a Plano Motorcycle Accident Case If I Was Not Wearing a Helmet?
Yes, if you were not wearing a helmet at the time of the accident, you may still be able to recover for your damages. However, the doctrine of modified comparative negligence may reduce your recovery amount if the defendant can link your failure to wear a helmet to your injuries. For example, if you suffered a broken arm as a result of the accident, it is unlikely that a helmet would have made a difference. On the other hand, if you hit your head and sustained a traumatic brain injury, you may have a harder time recovering full compensation.
Contact the Plano, TX Motorcycle Accident Lawyers at the Hartley Law Firm Today
At Hartley Law Firm, we accept injury cases involving:
If you or a loved one was recently seriously injured in a motorcycle accident, contact the knowledgeable Plano motorcycle accident attorneys at the Hartley Law Firm as soon as possible. Our lawyers command an in-depth knowledge of Texas personal injury law, as well as extensive experience handling motorcycle accident cases. We make ourselves available for you 24/7, so you never need to worry that your attorney is out of reach. To learn more, give us a call or contact us through our online form.
