Establishing fault in a motorcycle accident means establishing that one party’s negligence caused the accident. Austin is a city in Texas. In Austin, with its heavy traffic and highways becoming narrow streets, it’s critical to establish fault so you can receive a fair amount for your damages.
Fault determines who pays for your damages, medical bills, the value of property damage, and lost wages. If you are involved in a collision, you should not underestimate the importance of Austin motorcycle accident lawyers.
Austin motorcycle accident lawyers will understand the intricacies of local laws and the process of gathering evidence to prove negligence in motorcycle accidents. They will also explain the complicated insurance claims process and the litigation process to protect your rights.
What Exactly Does It Mean to Establish Fault In A Motorcycle Accident?
Fault is when one party in an accident did not undertake an adequate amount of care. Meaning, not stopping at a red light or not yielding. Texas has a comparative negligence system.
In Texas, comparative negligence allows for fault to be shared, so the only damages they pay for would be whatever amount they are at fault for. For example, if the motorcyclist is 20% at fault, they can recover 80% of damages.
Gathering Evidence
Gathering the most objective evidence as soon as possible of the accident usually helps prove fault. Examples of evidence are:
Police reports: The police at the scene had prepared a report, which documented all of the relevant points regarding the scene, and may offer their close investigation as part of the report.
Witness statements: Unsought 3rd party witnesses usually provide an objective account of what happened.
Photographs of damage: Images of damage to either of the vehicles, the ground, and debris, and all other relevant evidence; long tire marks or small debris can show as evidence.
Medical documents: The medical records that specifically connect your injuries are necessary evidence to support your claim that you suffered because of the accident.
Traffic cameras or other surveillance cameras: Any images of whatever happened in the immediate vicinity will aid as evidence.
In the liberal city of Austin, the postcard variance of traffic and roadways is high. On top of that, other types of evidence that could point to or demonstrate some rendering problems.
What are the Common Fault Factors Represented in Motorcycle Accidents?
Some behaviors are often responsible for motorcycle crashes in Austin:
- Failing to yield to pedestrians, especially at intersections
- Distracted driving, including cell phone use
- Speeding and reckless behavior
- Communication errors in lane changing.
- Minor in possession of alcohol or drugs
- Poorly maintained roadways or other problems that the municipality did not address.
Takeaways
- To prove fault means examining whether the negligence attributed to the accident, and subsequently the injuries, caused that accident.
- In Texas, compensation awarded can be reduced based on considerations of shared fault.
- Always collect the police report, witnesses’ statements, pictures, and medical records right after the accident.
- Common causes of motorcycle accidents in Austin include: failing to yield, distracted or impaired focus, speeding, etc.
- Lawyers experienced in motorcycle accidents can collect evidence and deal with the insurance companies.
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