What Happens If a Driver Says They Didn’t See My Motorcycle?

If a driver says they didn’t see you, this is not an excuse for causing an accident. Drivers in Texas have a legal duty to exercise care on the road, including looking out for motorcycle riders. When drivers cause motorcycle accidents that could (and should) have been avoided, injured riders can seek just compensation for their medical bills and other losses. Hiring an experienced Dallas motorcycle wreck attorney is the first step in the process.

As a motorcycle rider, you do everything you can to keep yourself safe on the road. You follow Texas’s traffic laws, you ride within your limits and you are constantly monitoring the other vehicles in your vicinity.

Unfortunately, sometimes this isn’t enough.

Even if you are prioritizing your safety, this doesn’t necessarily mean that other motorists are doing the same. Drivers routinely make careless mistakes that result in motorcycle accidents. If you were injured in an accident and the driver said they didn’t see your motorcycle, you may be entitled to just compensation, and you should talk to an experienced Dallas motorcycle wreck attorney about filing a claim as soon as possible.

Drivers Have a Legal Duty to Check for Motorcycles in Texas

Under Texas law, all drivers have a legal duty to drive safely. Among other things, this means that they have a legal duty to check for motorcycles. As a result, if a driver says they didn’t see you, this is not an excuse for causing an accident.

In fact, the driver’s admission that they didn’t see you could help with your claim for just compensation. All of the following can serve as grounds for filing a personal injury claim after a motorcycle accident in Texas:

• Failing to check blind spots
• Failing to check for oncoming traffic before turning
• Driving while distracted (i.e., texting or following GPS directions)
• Merging into traffic without checking for motorcycles
• Relying on a vehicle’s “self-driving” capabilities

Once you hire a Dallas motorcycle wreck attorney to represent you, your attorney can investigate the cause of your accident and assess your legal rights. Importantly, even if it isn’t possible to prove that the driver failed to check for traffic or was distracted behind the wheel, the simple fact that the driver caused an avoidable collision could be enough to establish your claim for damages.

Negligence: The Basis for Most Motorcycle Accident Claims Under Texas Law

While injured motorcycle riders can file claims based on motorcycle and road defects when warranted, the vast majority of motorcycle accident claims involve driver negligence. Drivers routinely make mistakes that leave riders helpless to protect themselves. If a careless driver left you with no way to avoid a collision, you may have a strong claim for negligence under Texas law.

All of the mistakes listed above can constitute negligence when they lead to motorcycle accidents—but even these are just examples. Negligence can take many other forms as well. If any form of driver negligence is to blame for your injuries, you are entitled to seek just compensation for all of your accident-related losses.

Seeking Just Compensation for Driver Negligence Usually Involves Filing an Auto Insurance Claim

If you got hit by a negligent driver who didn’t see you, seeking just compensation will most likely involve filing an auto insurance claim. As the Texas Department of Insurance explains:

“Texas law requires drivers to show proof they can pay for the accidents they cause. Most drivers do this by buying auto liability insurance. Liability insurance pays to repair or replace the other driver’s [vehicle], or other damaged property, and pays other people’s medical expenses when [the insured driver is] at fault in an accident.”

Filing a liability claim requires proof of fault (i.e., proof of negligence). If you can’t prove that the driver who hit you was at fault in your motorcycle accident, the driver’s insurance company isn’t going to pay. Once you hire a Dallas motorcycle wreck attorney to represent you, your attorney will be able to get to work gathering the evidence needed to fight for the financial compensation you deserve.

FAQs: Filing a Motorcycle Accident Claim Based on Driver Negligence in Texas

If the driver who hit me didn’t see me, does this mean that I am entitled to financial compensation for the accident?

If you got hit by a driver who didn’t see you, there is a good chance that you are entitled to financial compensation for your accident-related losses. That said, your legal rights depend on the specific circumstances of your collision.  Determining liability will require a thorough investigation, and this is one reason it is important to hire an experienced motorcycle wreck attorney as soon after your accident as possible.

How can I prove that the driver didn’t see my motorcycle?

There are several potential ways to prove that the driver who hit you didn’t see your motorcycle before the collision. Along with the driver’s admission, other evidence such as traffic or surveillance camera footage, eyewitness statements, and the driver’s cell phone records could be available as well. If you have helmet camera footage of the accident, it could also be key evidence in support of your claim for damages.

What if the insurance company still says the accident was my fault?

Even if the other driver says they didn’t see you, this won’t necessarily stop the driver’s insurance company from trying to blame you for your own injuries. If the insurance company still says the accident was your fault, it will be important for you to seek legal representation from an experienced attorney who has your best interests in mind.

Get the Help You Need from an Experienced Dallas Motorcycle Wreck Attorney

If you need to know more about seeking financial compensation after a motorcycle accident in Texas, Hammerhead Motorcycle Law is here to help. To get started with a free, no-obligation consultation, call 469-209-4242 or tell us how we can reach you online now.