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How Is Fault Determined in a Motorcycle Accident?

by | Nov 1, 2021 | Motorcycle Accidents |

Motorcycle accidents can be devastating because they often involve severe physical injuries such as paralysis, the loss of a limb, or a head injury. If you’re suffering as a result of such an incident, you should get in touch with your local San Antonio motorcycle accident lawyer. They can help you to figure out who was at fault and how you can receive the compensation you need to make up for your losses.

Depending on what happened, different people could be held responsible for your injuries. For example, you might be able to claim compensation from the other drivers involved, the organization that should have made sure the road was safe, the manufacturer of your motorcycle, or the mechanic who serviced it. A great lawyer will explore all these options and analyze your situation to find the most viable one.

Who Is at Fault for Your Accident?

If you’re suffering from the consequences of a motorcycle accident and your life is significantly affected by the issue, you should be able to receive compensation for what happened. But whom should you sue? This depends on what exactly happened and why the incident occurred. When you first come to speak to your lawyer, they will go through your accident with you step by step and try to figure out why it occurred.

Sometimes, it will be clear who was at fault, but at other times, there may be various factors at play. Nevertheless, it can be worth filing a lawsuit and asking for compensation, even if the person you’re suing wasn’t fully responsible. The money you receive can help you restart your life and make up for some of the financial losses you’ve suffered.

The Other Driver

Most often, you will claim compensation from the other driver, who may have acted in a negligent and dangerous way. If they broke traffic laws or were not as attentive as they should have been, they are clearly at fault.

Since most drivers have insurance, this type of case should be clear-cut, and you’re likely to receive the entire amount that is owed to you. That way, you won’t have to worry about the future, and you’re holding the other driver responsible and making sure they don’t harm anyone else.

The Organization Responsible for the Road

Sometimes, none of the parties actively involved in the accident were responsible. Instead, it was caused by adverse conditions on the road. In Texas, roads should be safe to drive on in all weather conditions, and the organizations responsible for them could potentially be at fault. In this kind of situation, your lawyer will find out who was supposed to maintain the road and then file the lawsuit against them.

The Manufacturer or the Mechanic

Anyone selling or servicing a motorcycle has to make sure that it is safe for you to drive. If you were injured because your vehicle wasn’t fully functional, the people involved in manufacturing and fixing it could be the ones at fault. Your attorney will ask you about where you bought your motorcycle and who last serviced it. Then, they will follow up with the relevant experts to find out whether the manufacturer or the mechanic could be the one responsible.

Shared Fault

As mentioned, not every case is clear-cut. In fact, accidents are often caused by several things going wrong at once. You might have failed to look or lost your concentration, the other driver could have been distracted or broken a law, and your vehicle may not have been in the optimal condition. If you believe that you were partially responsible, you should still speak to a San Antonio motorcycle accident attorney about your case.

Although you won’t get compensated for the part you played in your accident, you could still get a share of the funds you need. Even 50% of the money can significantly help you out and cover some of your medical bills and the loss of income you might be experiencing. What’s more, your lawyer might discover that you’re not at fault after all, and you could still receive the full amount.

How Can Your San Antonio Motorcycle Accident Lawyer Prove Fault?

Now you understand who could be to blame for your motorcycle accident, you might wonder what evidence can be used to prove that another person was responsible. There are many ways your lawyer can find proof, but it is easiest if someone broke a law or local regulation. Let’s have a look at some of the ways your attorney might lay out your case.

Breaking Traffic Laws

If the other driver broke a traffic law, you won’t have a hard time receiving compensation. This could be the case if they ran a red light, didn’t respect your right of way, were speeding, or were overtaking in an unsafe way. Your lawyer can argue that the way the person was driving wasn’t safe for other road users and that they are therefore at fault. There might be eyewitnesses or security cameras that can act as evidence and help you prove your point.

DUI Cases

Another very clear-cut problem is driving under the influence. The police might check the blood alcohol levels of the people involved if they believe that one of the drivers could have been DUI. If it’s higher than 0.08%, you’re likely to receive the maximum amount of compensation because the other driver will have broken the law. In such a situation, they are clearly responsible for what happened and should be held accountable.

Using Experts

Working with a local personal injury lawyer comes with many benefits, but one of the most important is that they have connections to experts in a variety of fields. For example, they might work with doctors and other professionals who can prove that your injuries are severe and that they limit your ability to work or function normally. What’s more, they will know people who can prove that your vehicle was faulty due to a defect that could have been prevented.

Having the support of such experts can be vital to your case and make it much easier for you to receive a positive outcome. The judge will trust their opinion and agree that you should receive the compensation you need. In addition to money for your medical bills, you might be awarded extra funds to support your family, to make up for the emotional trauma, or to pay for end-of-life care if the accident resulted in a wrongful death.

Get the Help You Need Today

People who have been in a traumatic motorcycle accident often suffer long-term damage such as the loss of a limb, a head injury, or even paralysis. What’s more, there are emotional scars that can affect the victim’s ability to work and function normally. To make up for these losses, you can receive compensation from the person who was at fault and whose actions caused the incident.

This could be a driver who was under the influence of alcohol or who broke a traffic law, a motorcycle manufacturer or mechanic who didn’t properly check their work, or the people who are responsible for making the roads safe. A great motorcycle accident lawyer local to San Antonio will be able to find the best solution for you. Get in touch with us today at Gamez Law and ask for an initial consultation with one of our top attorneys.