We Can Help You Hold Negligent Parties Responsible
Due to the stigmas surrounding motorcycles, determining liability in motorcycle accidents can be complicated. Many victims face claims that a lack of proper safety gear or unsafe driving was to blame for their injuries, rather than the actions of other drivers. Our team of legal professionals at Wenholz | Dow, P.C., Trial Lawyers in Austin, TX, knows that is simply not true in the majority of cases. We can give your case the attention needed to debunk popular myths surrounding motorcycles, and aggressively pursue the compensation you deserve. If you or a loved one was injured in a motorcycle accident, contact our office online or call (512) 478-2211 today.
Common Examples of Negligence
Vehicle drivers often act negligently when it comes to motorcycles. Since motorcycles are smaller than cars and trucks, they can go unnoticed by drivers until it is too late. Some common negligent behaviors include:
- Turning in front of a motorcycle: Failing to spot a motorcycle at an intersection and making a turn in front can cause the biker to stop abruptly to avoid a crash. When a safe stop is not possible, the driver can be thrown from the motorcycle and suffer injuries ranging from road rash and broken bones to traumatic brain injuries and spinal cord damage.
- Cutting off a motorcycle: A fast or improper lane change can cause a motorcycle to swerve to avoid hitting a car, often leading to a downed biker.
- Hitting a motorcycle when passing another car When a car passes another, the driver must ensure there is enough space to safely pass.
Every case is different and there are other ways in which a driver of a car can act negligently. In order to determine negligence, a thorough investigation is needed.
Proving liability is a complicated legal process that requires an advanced understanding of the laws surrounding fault and negligence.
Making a Claim for Negligence
When attempting to collect compensation after a motorcycle accident, you must prove that the other drivers involved were negligent in their actions. To do so, you must prove that:
- The other party was legally required to exercise care.
- The party who caused the accident did so by failing to exercise reasonable care while driving.
- The failure to act reasonably directly caused the accident.
- The injuries suffered were the result of the accident. This usually requires presenting medical records and doctor notes relating the injuries.
Proving liability is a complicated legal process that requires an advanced understanding of the laws surrounding fault and negligence. We have built relationships with experts who can investigate your accident and provide evidence to back your claim for compensation.
Common Defenses
It is not uncommon for a driver or insurance company to deny negligence and instead claim the motorcycle driver was at fault. This is commonly done by stating the biker was going too fast or disregarding traffic laws. It is also not unheard of for a claim to be denied because the insurance company alleges the motorcycle driver failed to wear protective gear. Overcoming these defenses is our job, and we will go over your case with you to develop a strategy that fits the facts.
What to Do When Parts Are Defective
In some cases, the party responsible is the manufacturer or designer of the vehicle. When there are faulty parts or a design flaw present, it is imperative to examine how the design or manufacturing could have been done properly. This approach will require the use of experts to explain the defects and how those defects caused the accident. Our team can develop a product liability case to hold the designer, manufacturer, or other corporate entities responsible for their mistakes.
