Can I Recover Compensation If I Was Partially at Fault?

In Texas, injured motorcycle riders can recover compensation as long as they are not primarily responsible for their injuries. This means that if you were 50 percent or less at fault in your motorcycle accident, you are entitled to compensation under Texas law. In this scenario, your compensation award will be reduced based on your percentage of fault.

When you need to seek financial compensation after a motorcycle accident, it is important to avoid making any assumptions. This includes making assumptions about who was at fault in the collision. Asserting your legal rights requires evidence; and, if the insurance companies are going to blame you for your own injuries, they will need evidence to support their accusations as well. Once you hire an experienced Dallas motorcycle wreck attorney to represent you, your attorney will be able to assess your legal rights and help you make informed decisions about your next steps.

This includes making informed decisions about how to deal with any evidence of partial fault.

If you were partially at fault in your motorcycle accident, what this means for your case depends on your percentage of fault in the collision. While being partially at fault can prevent injured riders from recovering financial compensation in some cases, in others, it will only reduce the amount they are entitled to recover.

What Are My Rights if I Was Partially At Fault in a Motorcycle Accident?

As an injured motorcycle rider in Texas, your legal rights are determined by state law. While injured motorcycle riders are generally entitled to just compensation in Texas, what is “just” depends on several factors. This includes whether, and to what extent, riders are to blame for their own injuries.

Under Section 33.001 of the Texas Statutes:

“In an action [for damages after a motorcycle accident], a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”

In other words, if a motorcycle rider is 51 percent or more to blame for causing an accident, the rider is not entitled to any compensation under Texas law. However, if a motorcycle rider is 50 percent or less to blame, the rider can—and should—file a claim for damages.

When a motorcycle rider is 50 percent or less to blame for causing an accident, the amount that the rider is entitled to recover is determined based on the rider’s percentage of fault. As stated in Section 33.012 of the Texas Statutes:

“If [a] claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant’s percentage of responsibility.”

So, for example, if an injured rider was 50 percent at fault in the accident, the rider would be entitled to recover 50 percent of his or her accident-related losses. If the rider was 10 percent at fault, the rider would be entitled to recover 90 percent of the damages that would otherwise be available.

How Will My Percentage of Fault Be Determined?

If you were injured in a motorcycle accident in Texas, determining your percentage of fault will require a thorough investigation. You should not let the insurance companies determine your percentage of fault. They are not on your side, and their goal is to pay you as little as possible.

An experienced Dallas motorcycle wreck attorney will assess your legal rights with your best interests in mind. Your attorney will honestly assess your percentage of fault, and then you can use this information to decide whether it makes sense to file a claim.

FAQs: Filing a Claim for a Motorcycle Accident in Texas

Can I file a motorcycle accident claim if I was partially at fault?

If you were injured in a motorcycle accident in Texas, you are entitled to file a claim as long as you were not primarily at fault (51 percent or more) in the collision. While being partially at fault reduces the amount that injured riders are entitled to recover, even recovering partial compensation can be well worth it if you suffered serious injuries in the crash.

What if the insurance companies blame me for my own injuries after a motorcycle accident?

Blaming injured motorcycle riders for their own injuries is a common insurance defense tactic. If the insurance companies say that you are responsible for what happened, you should not take them at their word. Instead, you should promptly hire an experienced Dallas motorcycle wreck attorney who can conduct an unbiased assessment of liability.

Can I file an insurance claim if I received a ticket after a motorcycle accident?

Receiving a ticket does not necessarily bar you from filing an insurance claim after a motorcycle accident in Texas. First, the ticket may be unwarranted. Second, even if you broke the law, the accident still could have resulted from factors beyond your control. An experienced Dallas motorcycle wreck attorney can assess your situation and advise you regarding your next steps.

How Hammerhead Motorcycle Law Can Help

At Hammerhead Motorcycle Law, our practice is devoted to helping injured riders in Texas recover just compensation. If you are concerned that you may have been partially at fault in your motorcycle accident, our attorneys can:

• Conduct a comprehensive investigation to determine liability;
• Provide an unbiased assessment of your percentage of fault; and
• Pursue an insurance claim on your behalf, if warranted.

It costs nothing to learn about your legal rights; and, even if you were partially at fault in your motorcycle accident, you could still have a significant claim for damages. To ensure that you do not unknowingly leave money on the table, contact us today.

Contact a Dallas Motorcycle Wreck Attorney Today

To speak with an experienced Dallas motorcycle wreck attorney about your legal rights, contact us today. Call 469-896-1713 or tell us how we can reach you online to arrange a free, no-obligation consultation.