Accident and family law attorneys

The Bryant Law Firm

Houston, TX Motorcycle Accident Attorney

Proving negligence is the key to winning a motorcycle accident case

Although all types of motor vehicle accidents share a lot of similarities, when a person on a motorcycle is involved in an accident, the possibility of serious injuries increases significantly. Major back and neck injuries are much more frequent, as are many other types of trauma.

A motorcycle accident attorney faces the same challenge when attempting to collect damages for a rider who is the victim of a crash…they must be able to prove negligence on the part of the other driver if they hope to succeed in their litigation.

As it is with many types of accidents, proving negligence comes down to four parts:

  1. The attorney must show that a driver must exercise reasonable care while they are driving. This is a generally accepted standard and does not require much effort to prove. Reckless or negligent driving is never acceptable, so this part is pretty much a given. Still, the attorney must set that up to help prove other parts of negligence.
  2. The attorney must show that under the given set of circumstances, the defendant did not act with a reasonable amount of care while they were driving. For example, if an accident takes place at night, the driver must have his lights on, because that is what a reasonable person would do in the same situation.
  3. The attorney must link the lack of reasonable care to the injuries of the motorcycle rider. For example, if the driver at night did not have their lights on, then the motorcycle rider could not see them which resulted in the accident. While this may sound easy to prove, in some cases, there can be mitigating factors that can lessen the claim of negligence, or cast doubts on the degree of negligence that took place.
  4. The attorney must prove that it was the defendant’s actions (not turning on lights) that caused the motorcycle rider to suffer losses. In an accident of this nature, that can include damage to the motorcycle, medical bills, loss of wages, and pain and suffering.

It should also be noted that because riding a motorcycle makes a rider more vulnerable, many courts will change the standard of negligence taking into account that a driver needs to be more vigilant when dealing with motorcycles on the road.

The Bryant Law Firm proudly serves Harris County and the surrounding communities of Galveston, Fort Bend, Brazoria, and Montgomery Counties.

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