Motorcycle Accidents

Proving Your Case

If you have suffered a loss while riding or operating a motorcycle, you may have the right to file a claim against the negligent driver. However, in order to prevail on a personal injury claim in Texas you must prove 3 things.

  1. Negligence - The driver failed to use due care when operating his automobile.
  2. Causation - The negligence of the driver caused the accident.
  3. Damages - You suffered damages as a result of the accident.
In addition to a claim for medical expenses, lost wages and bodily injury elements, you will be able to file a claim for any property damage losses. You may also be able to claim any future losses and future medical expenses, if the evidence of such losses can be shown.

You could also recover punitive damages if the negligent driver was malicious or reckless. Thus if the other driver was a drunk driver or racing or on drugs or willful, etc. you will be able to make a claim for punitive damages.