Comparative Fault and How It Affects Your Motorcycle Accident Claim in San Antonio, Texas

The cause of a San Antonio motorcycle accident may originate from more than one source. Another driver may be responsible for the accident, or a third party may be at fault. Oftentimes, the motorcycle driver contributes to the fault, and hiring a lawyer ensures that you get proportionate compensation from at-fault parties, even when you share in the blame.

The San Antonio motorcycle injury attorneys at Carabin Shaw thoroughly understand comparative fault laws in Texas, and they can help you file a claim to seek damages despite your contribution to an accident. Our law firm has English- and Spanish-speaking professionals available, and we offer our services on a contingency-fee basis. That means you don’t pay your legal team unless your case is won! At Carabin Shaw, our lawyers make it easier to get compensation after a motorcycle accident.

In a San Antonio, Texas civil case, the court typically establishes fault through the tort of negligence. A tort is to civil law as a crime is to criminal law. However, the court provides remedies for torts through compensation rather than punitive measures, such as incarceration. To be negligent, an at-fault party’s actions must meet five requirements:

1. Duty of care
2. Breach of duty
3. Harm
4. Proximate cause of harm
5. In-fact cause of harm

In summary, these requirements mean that the at-fault party had a responsibility to act in a safe manner, and their failure to do so was the cause of harm to the victim. Top rated motorcycle accident attorneys are skilled at proving negligence to establish the at-fault party’s obligations to compensate the victim for injuries.

In Texas, the court awards compensation to victims that is proportionate to the fault of the defendant. They will allow the plaintiff to sue another party as long as the plaintiff’s fault does not exceed 50%. This allows a lawyer and his or her client to seek fair compensation from parties who contributed to the fault.

Examples of accidents where comparative fault is relevant include:

• A passenger vehicle fails to yield to a motorcycle rider who is speeding.
• A truck hits a motorcycle driver who is not wearing a helmet.
• The driver of a passenger vehicle signals left but then turns right, hitting a motorcycle driver who was impatient and passed on the shoulder.

There are many scenarios where a motorcyclist could be partially to blame for an accident, but a good attorney will do everything possible to limit that blame and prove the other party’s fault to fight for fair compensation. Passenger vehicle drivers are notorious for failing to share the road with motorcyclists, but it is their responsibility to do so.

While some motorcycle accident victims may be disappointed by the reduced damages awarded when calculating proportionate responsibility, the concept of comparative fault is intended to produce fairer results in personal injury claims. In some states, a victim cannot receive compensation if they contribute to any percentage of the fault.

Motorcycle accident compensation in San Antonio TX is the fair application of compensation after an accident, but having a good legal team is necessary to ensure fair calculations of fault and damages.

When you are searching online for a ‘motorcycle accident lawyer near me,’ make sure you look for law firms that have experience in motorcycle accident claims. At Carabin Shaw, we know how to hold other parties accountable for their portion of the fault, so inaccuracies or misunderstandings don’t minimize your claim.

We encourage motorcycle accident victims seeking legal solutions to read our client reviews. They share the stories of our clients who have completed their legal journeys and received fair compensation for their injuries.

Contributing to the fault in a San Antonio motorcycle accident does not negate your opportunity for compensation if another person also contributed to the cause of the wreck. Hiring a top lawyer from Carabin Shaw ensures that you get proportionate compensation that covers a significant portion of your injuries.

Call our toll-free number at 800-862-1260 to schedule an appointment for a free consultation and find out what your legal options are after a motorcycle accident. Someone is available to speak with you 24 hours a day, 7 days a week.

For more information:

• Law Dictionary
• TX DoT
• Texas Statutes 33