How is Fault Determined in a Motorcycle Accident in Texas?

More motorcyclists are dying on Texas roadways than ever before. In 2022, 562 operators and passengers riding motorcycles lost their lives.

In most motorcycle accidents, other vehicle drivers are responsible for causing the accident. Before a motorcyclist can recover from their injuries, the insurance company or the court must first determine who was at fault.

Levels of Fault

In the legal field, any person who has committed a civil wrong against another person has committed a tort. This wrongful party is known as the tortfeasor.

The law recognizes four different levels of fault:

• Intentional Misconduct: a person acts with the intent to cause harm
• Negligence: the failure to exercise a reasonable amount of care in a situation that causes harm to someone
• Recklessness: a person pursuing a course of action deliberately disregarding the harm it may cause others
• Strict liability: imposing liability on a party regardless of fault

In a motorcycle accident, the at-fault motorist may be found reckless or negligent. A driver can be found reckless if he or she is driving too fast for road conditions, driving while intoxicated, or engaging in street racing.

However, motorcycle accidents usually are the result of negligence. The inattentiveness of a majority of drivers causes harm to other road users.

Defining Negligence

Negligence is broken down into four components:

• Duty: the tortfeasor had a duty to exercise reasonable care (i.e., following traffic signals and regulations);
• Breach: the tortfeasor broke that duty by breaking traffic laws and not driving carefully
• Causation: the injury to the plaintiff was a foreseeable consequence of the tortfeasor’s actions (proximate cause) and set a chain of events into motion that caused the plaintiff injury (actual cause)
• Damages: as a result of the defendant’s actions, the plaintiff has suffered injuries.

Evidence to Prove Fault

The strength of any evidence that you collect will help to prove which party was at fault in your motorcycle accident. There are two main categories of evidence: direct and circumstantial evidence. While direct evidence directly proves a fact, circumstantial evidence implies a fact.

Direct evidence is always stronger than circumstantial evidence. You want to present evidence that clearly shows the other driver’s responsibility for the collision. Direct evidence may include:

• Video surveillance – Any video caught of the accident may be helpful in proving your case. Many drivers have dashcams that may record the entire accident. Dashcam footage is almost always admissible in court.
• A bystander who witnesses the accident may take video footage using a cell phone. Unfortunately, this footage can sometimes be grainy and not as reliable.
• Some states allow red-light cameras, which take a picture of a vehicle if the driver passes through an intersection as a light turns red. As of June 2019, the Texas legislature has prohibited the use of these cameras in traffic enforcement. This legislation has removed a key piece of evidence that could help prove a motorcycle accident case.
• Photographs – Photographs of the accident scene can show vehicle damage, vehicle skid marks, broken tail lights, shattered glass, and the positions of both vehicles in the aftermath of the collision. It is important to get a photo of license plates for all drivers involved in the accident. This will come in handy if any drivers dispute being part of the accident. Photos of any visible injuries you endured and of your motorcycle wreckage can be submitted to the insurance company to support your claim.
• Eyewitness testimony – Witnesses can provide valuable insight into how the accident happened. The testimony of an impartial third party can help support your case.

What Happens When Liability Is Shared?

Depending on the circumstances of the accident, more than one party may be found negligent. This is common in motorcycle accidents since two or more people are trying to think and act quickly to avoid a collision, many times not making the best decisions.

Each state has different laws determining if you are entitled to damages when liability is shared between two or more parties. While in some states, a claimant is barred from receiving compensation (contributory negligence), other states, including Texas, practice comparative negligence.

Under Texas’ comparative negligence law, even if you are partly responsible for a motorcycle accident, you are still able to recover damages as long as the other party bears more responsibility.

How Much Can I Recover in Compensatory Damages?

Presuming the other driver is 50% or more responsible for the collision, you will likely be able to recover damages.

In any accident, you will have measurable losses. Our legal system is designed to compensate victims of injustice through damages. Damages are intended to make the wronged party “whole” again.

Compensatory damages are a monetary award that is given to a party that equates to the amount of harm suffered. Compensatory damages may be economic or non-economic.

Economic damages can be easily calculated since these damages reflect actual monetary losses. On the other hand, non-economic damages are not easily quantifiable but do affect a victim’s quality of life. Non-economic damages are also coined “pain and suffering” damages.

Economic damages may include:

• Lost income
• Lost earning potential
• Ambulance services
• Vehicle damage
• Medical appointments

Non-economic damages may include:

• Pain and suffering
• Mental anguish
• Disfigurement
• Loss of companionship
• Loss of consortium

An Austin motorcycle accident lawyer will be able to advise you on what damages you should seek in your particular situation.

Can I Recover Punitive Damages?

In some personal injury cases, the court may award you punitive damages. Punitive damages are designed to punish the wrongdoer.

Punitive damages are only awarded if the plaintiff receives compensatory damages. Since punitive damages are awarded in addition to compensatory damages, they are also referred to as “exemplary” damages.

A jury is more likely to grant punitive damages than a judge. Texas does have a statutory cap regarding exemplary damages. According to Texas Civil Practice and Remedies Code § 41.008, the damage cap for punitive damages may not exceed an amount equal to the greater of:

1. (A) double the amount of economic damages; plus (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or
2. $200,000.

A Devoted Austin Motorcycle Accident Lawyer

Hiring an attorney who is committed to providing you with the best representation is invaluable. At TK Injury Lawyers, we give each of our clients our devoted attention. We won’t settle for less than you deserve. Contact us today to schedule your free consultation.