Proving Negligence in a Motorcycle Accident Case in Laredo Tx

The city of Laredo is the largest inshore port in the United States. With such a high influx of goods, traffic and auto accidents are likely. Last year [2020] there were 1,010 possible injuries in our city from these accidents alone. The Texas Department of Transportation also reported an average of one motorcyclist dying per day in our state this year. Despite TxDoT’s efforts in their “Share the Road: Look Twice for Motorcycles” campaign, 2020 saw 482 motorcyclists lose their lives. Unfortunately, hundreds more motorcyclists are seriously injured each year.

If you have recently lost a loved one or have suffered a severe injury due to a motorcycle accident in Laredo, you may have a wrongful death or motorcycle accident case on your hands. Consult with an attorney as soon as possible to examine your options.

So you’ve just been in a collision with another larger vehicle and are wondering what to do next. You may experience frustration at the other party’s lack of care. Last year’s numbers showed that more than half of all fatal motorcycle crashes happened between a larger vehicle, and the most frequent phrase heard after was “I didn’t see him.”

It’s commonplace for bigger vehicles to initially speak honestly about their negligence, and then flip-flop in their position later in the claim process. This is why a Laredo motorcycle accident lawyer is recommended, especially when you are trying to prove the other driver’s negligence caused the accident while pursuing the maximum compensation you qualify for.

It is perhaps easy to think the law will be on a motorcyclist’s side, however, things tend to get complicated when high hospital bills (motorcyclists normally require more medical attention), lost wages, and even insurance companies get involved. This is also part of the reason why proving negligence is more complicated when it comes to a motorcycle accident.

Many of us assume motorcycle accident cases are clear cut, but they can actually be quite complicated. Before weighing the benefits of an attorney, an understanding of how the state law constitutes negligence is important.

Negligence is when a party acts irresponsibly either, intentionally, or unintentionally and harms another as a result. When it comes to auto accidents, this includes distracted driving, driving under the influence, not following the laws of the road, etc. Claiming negligence is a common tactic insurances use against a motorcyclist. In Texas, we have a term called, modified comparative negligence. This means that when a case goes to court, the judge will not pay out all of the costs of damages to a plaintiff. Instead, a judge takes into account how much at fault each party was, or at least seems to be.

Many people spend the time proving they were not at fault, only to wind up having to pay for a significant fraction of the accident’s damages. A lawyer can become crucial in ensuring a fair claim.

For example, Claudia hits a motorcyclist, Molly, while turning left at a light. Molly suffers fractures and bike damages totalling at 25,000 dollars. Claudia’s insurance is only paying 7,000, so Molly believes taking her case to court will get the entire amount of damages she suffered covered. However, Claudia claims Molly was going above the speed limit, and the judge determines, under modified comparative negligence, Molly is 35% at fault for the accident.

This is an example of why you need an experienced motorcycle lawyer on your side to ensure you receive the compensation you deserve.

A motorcycle accident is one of the most traumatic, costly, experiences an individual can go through. At Carabin Shaw, we understand the toll it can take on victims and their families. No one should have to bear the burden of paying just to have their case heard, and feel pressured to commit. We always offer a free case review / initial consultation.

Sort through the Carabin Shaw’s client reviews and read other’s experiences with us before scheduling.

You can reach us toll-free: 800-862-1260. We have bilingual staff available to speak with you 24hrs. Hablamos español!