Proving Negligence in Houston Motorcycle Accidents

The Houston area offers many benefits for motorcyclists, including many scenic routes and pleasant weather all year. However, Houston’s roadways are filled with aggressive, distracted, and even impaired drivers, leaving riders and their passengers at risk of injury or even death as a result of someone else’s negligence. Texas is an at-fault state in terms of motor vehicle accidents. That means those who are harmed by a careless driver are expected to seek compensation for the expenses of their injuries by filing a claim against the at-fault driver’s auto liability insurance coverage.

In order to successfully claim this compensation, they must prove that their injuries were directly caused by the driver’s negligence. An experienced motorcycle accident attorney has an important role in proving negligence in Houston motorcycle accidents.

The Elements of Negligence in Motorcycle Accidents

In order to prove that their client’s injuries are the result of someone else’s negligence, a Houston lawyer must show the following elements of negligence in the claim:

• The at-fault driver had a legal duty to take reasonable actions to avoid causing harm to others while using a public roadway.
• The driver’s legal duty was breached by their careless actions.
• This breach in duty led to an accident that caused the claimant’s injuries.

Examples of the type of reasonable actions a driver must take to avoid causing harm to others on the roadway include obeying traffic laws and ensuring that the vehicle is properly maintained. Common breaches of the legal duties of drivers that can lead to motorcycle accidents include speeding, impaired driving, and failure to yield the right-of-way.

In addition to showing that the at-fault party is liable for the accident, a claimant’s lawyer will also seek to justify the value of the claim, which is based off the amount of available insurance, the severity of the claimant’s injuries, the presence of permanent injuries, and even the level of negligence exhibited by the at-fault party.

Types of Evidence That Can Be Used to Prove Negligence

A police report is one of the most important pieces of evidence in a motorcycle accident to prove negligence, as it includes a narrative from the investigating officer as to who was at fault, based on their investigation. Other types of evidence that can be used to prove negligence include statements from eyewitnesses, photos from the accident scene, video footage from surveillance or traffic cameras in the area, and even reports from accident reconstruction specialists. In some cases, the driver’s past driving history will come into play, as well as maintenance records for their vehicle.

An experienced personal injury team will investigate the accident to determine the type of evidence that is available both to prove negligence as well as to show the value of the claim. The claim’s value can be shown through evidence such as medical bills, employment records, motorcycle repair bills, and testimony from the claimant’s family and friends regarding the impacts they suffered.

Call a Houston Attorney for Help in Proving Negligence in Motorcycle Accidents

With millions of dollars in recovered claims and countless clients who have been helped, the Schechter, Shaffer & Harris legal team regularly works with motorcycle riders in proving negligence and getting the compensation they need through the personal injury claims process. To speak with a lawyer about your case and learn more about your legal options, contact us today for a free case evaluation.