Laredo, Texas Motorcycle Accident Lawyers - Determining Liability in Texas

Laredo is home to an avid motorcycle community that enjoys the many scenic loops in the area and fundraisers for worthy causes like the annual Ride for Hope Childhood Cancer Awareness event. Sadly, motorcyclists are at higher risk than other motorists for potentially deadly or disabling crashes, with an average of one biker dying in a Texas crash daily. Every biker is someone’s parent, child, sibling, or friend, so when the unthinkable happens, the loss is widespread.

Motorcycle accident survivors are more likely to suffer debilitating injuries since bikes don’t offer the same protection as cars and trucks. The Laredo TX motorcycle accident attorneys at Carabin Shaw help accident victims and survivors seek justice from responsible parties. If you need legal assistance, our team of English- and Spanish-speaking professionals is available 24/7 at 800-862-1260.

Texas uses a traditional fault-based system for traffic accidents, holding the party at fault liable for the victim’s damages. If you were injured in an accident due to the actions of another motorist, you may file a claim with the at-fault driver’s insurance company. This process may seem straightforward, but insurance companies aren’t interested in maximizing compensation for accident victims. Adjusters save their company money by looking for ways to reduce or even deny claims, often by refusing to accept liability for the accident.

A personal injury attorney can ensure you receive fair treatment from the insurance company. If a satisfactory settlement can’t be reached, your legal team will file a personal injury lawsuit to collect all the compensation you deserve. If more than one party contributed to the crash, your lawyer will hold all responsible parties liable to maximize your damages.

Establishing liability is a multi-step process of collecting evidence to prove accident fault. Steps might include:

• Investigating the accident scene
• Obtaining a copy of the police report
• Collecting witness statements
• Documenting injuries and vehicle damage
• Consulting accident reconstruction experts

This process is where the assistance of a seasoned legal team is critical to your success. These professionals know how to collect all the evidence necessary to prove your case and hold at-fault parties liable for your injuries.

Some accidents involve multiple at-fault parties, including the accident victim in some cases. Texas operates under the proportionate responsibility principle that holds all parties liable for damages based on their portion of fault in the accident. Even if you contributed to the crash, you can collect damages as long as your portion of responsibility is less than 50%. However, your damage amount will be reduced by your portion of the fault.

It’s not enough to identify fault if you file a personal injury lawsuit. You must also prove the responsible party was negligent, which shows the responsible party:

• Had a duty of reasonable care to keep other motorists on the road safe
• Breached that duty by driving recklessly or disobeying traffic laws
• Caused the accident that led to your injuries by their breach
• Is liable for the damages that you incurred due to your injuries.

Your legal team will also use the collected evidence that identified fault to establish negligence. Direct evidence is critical to this step since it proves fault and negligence more clearly than circumstantial evidence.

The statute of limitations for personal injury lawsuits in Texas is two years from the accident date. This may seem like plenty of time to seek justice. However, investigations and insurance settlement negotiations can take weeks, or even months, before you know if a lawsuit is necessary. Don’t wait to get an experienced legal team in your court.

The Laredo personal injury lawyers at Carabin Shaw help accident victims hold responsible parties liable and maximize damages. We offer our services on a contingency-fee-basis, so you don’t pay until you receive your settlement. Check our reviews to see how we’ve helped other accident victims like you. Then contact us toll-free at 800-862-1260 for a free case review.

For more information:

• DoT Texas
• Statutes Capitol Texas
• Dictionary Law