Suing for Negligence After a San Antonio TX Motorcycle Accident - Who Can Be Held Accountable?

Some of the most tragic accidents on San Antonio roadways are motorcycle accidents because the victims often suffer severe injuries and death. Victims of these accidents often suffer catastrophic losses, both physically and emotionally. When another party's negligence causes such devastation, victims and their families deserve maximum compensation to recover and rebuild their lives. Hiring a skilled Texas lawyer will help identify liable parties and get fair compensation for their injuries.

Seeking compensation after a motorcycle accident doesn’t automatically mean you’ll need to sue. The San Antonio TX attorneys at Carabin Shaw can help you with your insurance claim or mediation to get a fair settlement. Call our toll-free number at 800-862-1260 for a free case review, and discover your legal options.

Texas law holds parties liable for damages in motorcycle accidents under the legal concept of negligence. This is the at-fault behavior of a defendant that caused injury to the plaintiff. Negligence must contain five components an attorney must prove for the court to assign liability:

1. Duty: The responsibility of acting in a reasonable way that prevents harm
2. Breach of duty: Failing to act in a manner that prevents foreseeable harm
3. Damages: Injuries or damages that harm the victim
4. Proximate cause: Injuries or damages caused by the breach of duty
5. Cause-in-fact: Injuries would not have occurred but for the breach of duty

When the defendant’s actions are purely accidental, the court considers it ordinary negligence. However, the court classifies severe recklessness or misconduct as gross negligence. In cases of gross negligence, the court may award punitive damages, otherwise known as financial penalties, for particularly egregious action or inaction awarded in civil lawsuits.

When filing a motorcycle accident claim in Texas, one of the first tasks for your lawyer is to identify the negligent party or parties if there is more than one. If multiple at-fault parties exist, the court will use the rule of proportionate responsibility to assign fault and compensation fairly. If an injured party shares over 50% of the responsibility, he or she cannot seek damages.

Identifying possible negligent parties in a motorcycle claim is not difficult, but it can get complex in situations involving commercial liability or multiple at-fault parties. Negligent parties who your lawyer can help you identify may include:

• Motorcycle rider
• Driver of a passenger vehicle
• Commercial vehicle driver
• Truck driver
• Company that owns the commercial vehicle or 18-wheeler
• Motorcycle manufacturer
• Motorcycle safety equipment manufacturer
• Motorcycle repair shop
• Government entity
• Construction company
• Property owner

A motorcycle accident lawyer in San Antonio, Texas can help to gather evidence and prove that a party is responsible for your injuries due to negligence. These negligent acts range from leaving debris on the road to speeding and reckless driving. Employers may automatically hold responsibility for their employees' negligence. In many cases, proving negligence may be simple, but it is an essential part of establishing liability.

In a wrongful death case in San Antonio, TX, only the parents, spouse, or children of the deceased victim may claim damages due to the negligence of the defendant. This does not change the scope of negligence but the damages for which the court will award compensation.

In a personal injury case, plaintiffs can claim economic and noneconomic damages, including medical bills, lost income, property damage, and pain and suffering. In a wrongful death claim, the damages are those endured by the family because of the loss of their loved one.

Suing for wrongful death damages allows a family to hold at-fault parties responsible for a San Antonio motorcycle accident, but it can be an emotional process. At Carabin Shaw, we are compassionate about the losses our clients experience and hope to help you find some peace and closure through the legal process. We encourage potential clients to read our reviews to find out more about how our clients feel about our legal services and their experience working with us.

Motorcycle accidents are more likely to cause lifelong injuries and death because of the nature of the vehicle, which offers less protection than passenger vehicles, even with proper gear. When an accident happens, and it’s someone else’s fault, the victim deserves compensation for injuries.

At Carabin Shaw, our team provides high-quality legal support to all personal injury claimants in Texas. To help our clients afford legal representation, we offer our services on a contingency-fee basis. Call today to begin the legal process of holding negligent parties accountable for their actions. We have English—AND Spanish-speaking staff, and someone is available to answer the phone 24/7.

For more information:

• Cornell Law
• Texas Statutes 33
• Texas Statutes 71