Who Is at Fault in a Dallas Motorcycle Accident? Texas Liability Explained

When you need to file a claim for a motorcycle accident in Dallas, determining who was at fault is a key first step in the process. To seek the financial compensation you deserve, you need to file a claim against the right party (or parties). So, how do you determine who is to blame for what happened? Find out from the experienced Dallas motorcycle crash attorneys at Reaves & Lee, PLLC:

Determining Fault in a Dallas Motorcycle Accident Requires a Prompt Investigation

Determining who was at fault in your motorcycle accident will require a thorough investigation. This investigation should take place as soon after the accident as possible, which is one of several reasons why it is important to hire an attorney right away.

Once you hire an attorney to represent you, your attorney will send an investigator to the scene of the accident to preserve any evidence that is available. Examples of types of evidence that may be available at the scene to prove liability include:

• Debris from your motorcycle
• Debris from the other vehicle (or vehicles) involved in the collision
• Tire marks from your motorcycle and other vehicles
• Damaged signposts, guardrails, and vegetation
• Evidence of the road conditions at the time of the crash

Again, these are just examples. Various other forms of evidence may be available as well, and it won’t be possible to determine what evidence is available until an on-scene investigation has been conducted. It will also be important to examine your motorcycle and each of the other vehicles involved in the accident, as the extent and location of the damage to each vehicle can also be critical for proving why the accident happened and who was to blame.

It May Also Be Necessary to Gather Evidence of Liability Through Other Means

In addition to conducting an investigation, it may be necessary to gather evidence of liability through other means. While forensic evidence at the crash scene and the damage to the vehicles involved can provide insight into how and why a motorcycle accident happened, they often won’t tell the whole story. For example, other forms of evidence that may be available to prove liability include:

• A Driver’s Phone Records – Distracted driving is a leading cause of all types of motor vehicle accidents in Texas. If the driver who hit you was on his or her phone at the time of the crash, the driver’s phone records could be key evidence of liability.
• A Driver’s Receipts or Account Statements – Drunk driving is a major issue as well. If you got hit by a drunk driver, the driver’s receipts or account statements could serve as evidence that he or she had been out drinking before getting behind the wheel.
• A Driver’s Employment Records – Employment records can also serve as evidence of liability in some cases. If the driver who hit you was working at the time of the crash, his or her employer could be liable—and the driver’s employment records will be key in this scenario.
• Vehicle Maintenance Records – Worn brakes, worn tires, and other maintenance-related issues can cause (or contribute to causing) drivers to lose control. If the driver who hit you had not adequately maintained his or her vehicle (or if a company vehicle had not been properly maintained), this could serve as evidence of liability as well.
• Traffic or Surveillance Camera Footage – If your motorcycle accident was caught on video, the footage of the accident could be the clearest evidence of liability that is available. Your attorney can seek any available traffic or surveillance camera footage from the owner.

Gathering these (and other) forms of evidence may involve issuing subpoenas, taking discovery, and using other available legal tools. Your attorney will be able to do what is necessary and then use the available evidence to assess liability and fight for just compensation on your behalf.

Multiple Parties Could Share Liability for Your Motorcycle Accident Losses

While driver negligence is the leading cause of motorcycle accidents, it isn’t the only possible factor. From vehicle maintenance issues to road defects, various other factors can also cause (or contribute to causing) motorcycle accidents.

This means that various other parties could potentially share liability for your accident-related losses. Depending on the circumstances involved in your motorcycle accident, you could have a claim against one or more of the following parties:

• The driver who hit you or another driver involved in the accident
• An at-fault driver’s employer or rideshare company
• A vehicle manufacturer
• A vehicle dealership or repair shop
• A government agency or contractor

Even these are just examples. Under Texas law, motorcycle accident victims can file claims against multiple parties when necessary and, in some cases, seek to hold partially at-fault parties fully accountable. After evaluating the circumstances of your case, your attorney will be able to determine which claim (or claims) it makes sense to file in order to seek the full compensation you deserve.

Seeking Just Compensation Will Most Likely Involve Dealing with the Insurance Companies

Regardless of what claim (or claims) it makes sense for you to file, seeking just compensation will most likely involve dealing with the insurance companies. If you have a claim against a negligent driver, the driver should have coverage. Employers, vehicle manufacturers, dealerships, repair shops, contractors, and other businesses typically carry liability insurance as well. Your attorney can deal with the insurance companies on your behalf, and if they are unwilling to fairly compensate you for your injuries, your attorney can take them to court if necessary.

Hire Our Dallas Motorcycle Crash Attorneys to Fight for the Compensation You Deserve

If you’ve been seriously injured in an accident while riding your motorcycle, the experienced Dallas motorcycle crash attorneys at Reaves & Lee, PLLC can help you fight for the compensation you deserve. To get started with a free, no-obligation consultation, call 469-209-4242 or tell us how we can reach you online now.