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Texas Motorcycle Accident Liability

The primary way to assert a claim in motorcycle cases in Texas is to show negligence.  To prove negligence, a person injured in a motorcycle accident must show that:

  1. The defendant owed the plaintiff the duty to exercise a reasonable degree of care to avoid injury;

  2. Defendant failed to exercise such reasonable care; and

  3. Defendant’s failure to exercise reasonable care was the cause of the injury suffered by plaintiff.


Potential Defendants in a Motorcycle Accident

To ensure a full recovery for injuries suffered in a motorcycle accident, it is important that you and your attorney identify as many potential defendants as possible.  Often, the driver who collided into your motorcycle may not be the only one legally responsible for the accident.  Contractors, employers, and insurance companies may be obligated to compensate you for your injuries as well.

Liability Coverage

Texas automobiles are required to carry a minimum of $25,000 in liability coverage.  The potential liability of employers, contractors, or other responsible parties is a key factor in assessing recovery through insurance coverage, as each of these parties will likely have separate policies that will apply to the accident.  Liability coverage can cover various expenses related to the accident, including:

  • medical and funeral costs, lost wages, and compensation for pain and suffering;

  • motorcycle repair or replacement costs;

  • vehicle rental while your motorcycle is being repaired; and

  • any punitive damages awarded by a court.


Obtaining Motorcycle Accident Damages

If you are involved in a motorcycle accident where a driver was at fault, you may be entitled to receive compensation for any physical, emotional and financial losses that resulted from the collision.  By identifying the liability of all parties, you can obtain the best compensation possible for the damages you’ve incurred.

At O’Hanlon, McCollom & Demerath, our motorcycle accident attorneys are extremely knowledgeable regarding liability theories behind motorcycle accidents.  Our motorcycle collision experience will ensure you get the damages you deserve from any and all responsible parties.  If you suspect you have an injury due to a motorcycle accident and need to talk to a lawyer, contact us today for a free case evaluation.

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