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Who is at fault for most motorcycle accidents in Austin?

Austin, TX – Fault is an important concept in accident cases because the motorist at fault will have to pay out compensation to others who were harmed through their insurance or other means. However, fault is not always clear, and there are cases where fault can be divided between two or more parties involved in any crash. This is especially significant in motorcycle accidents, where the cyclist has a much greater chance of sustaining serious or fatal injuries during the collision. Those who have been involved in a motorcycle crash should locate a local law firm that handles these kinds of accidents to get advice about fault and related concepts. 

An analysis of fault

Drivers of cars and standard sized vehicles are more likely to be at fault in a motorcycle accident for a number of reasons. It is much more difficult for a car or truck driver to notice a motorcycle due to its smaller size. This is especially true in situations where visibility and road conditions may not be ideal. While motorcycles can be moved quickly to avoid obstacles due to their smaller size, it is not always possible to avoid a crash. Each individual case needs to be analyzed to determine fault based on the available evidence. Some cases may have witness testimony, traffic violations, or other forms of evidence that clearly decide the issue of fault, but this is not always true. 

Negligence and fault

The way that fault is determined in states closely follows their negligence laws. This means that the parties during an insurance claim or settlement negotiations will base their decision in accord with how a court would rule based on the jurisdiction’s negligence principles. Texas law follows the modified theory of comparative negligence. This means that a driver can recover if they were partially at fault, but if the plaintiff is more than fifty percent at fault for their own injuries, they recover nothing. The specific percentage of fault is divided between all parties involved based on the evidence regarding their behavior before and during the crash. The total amount of fault between all vehicles involved must equal one hundred percent. 

Compensation for victims

Those who are not at fault will be compensated through a settlement agreement or jury verdict. Their compensation can include costs of hospitalization and medical bills, lost income, and non-economic damages for pain and suffering. These amounts tend to increase with severe accidents or fatalities. 

Motorcycle accident attorneys in Texas

Anyone who needs assistance with a lawsuit after a collision involving a motorcycle can contact Robson Law Firm. Their attorneys can provide representation throughout the course of a civil lawsuit for compensation. 

Firm contact info:

Robson Law Firm

1114 Lost Creek Blvd., Suite 440, Austin TX 78746

512-345-8200

robsonlawfirm.com

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