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Who Can File a Motorcycle Accident in Texas?


When you are injured or lose a loved one in a motorcycle accident, you have the right to bring a lawsuit against the person responsible for the wreck. Who files the lawsuit and who is held liable is dependent on the circumstances that led to the crash and the damages that resulted from the collision.

Getting Compensation for Injuries After a Motorcycle Accident?

Motorcyclists do not benefit from the protection and safety features enclosed passenger vehicles provide – so, when a crash does occur, the results are often catastrophic. The resulting injuries can lead to permanent damage and disability, astronomical medical bills, loss of wages, and a lower quality of life.

Among the most common injuries sustained by motorcyclists involved in a crash are:

When these injuries and damages are the result of someone else’s negligence, motorcyclists can file a personal injury lawsuit. By hiring an attorney, you are ensuring that you stand the best chance of receiving the compensation and justice you deserve.

What if I Lost a Loved One to a Motorcycle Crash?

Similarly to a personal injury claim, the person responsible for a motorcycle crash can be held liable for the actions and any resulting damages. This can occur through a wrongful death claim or survival action.

A wrongful death claim seeks compensation for harm that was caused to family members of the deceased as a result of the victim’s death. Damages that can be sought include:

  • Loss of quality of life
  • Loss of love and emotional support
  • Loss of financial support

A claim which seeks damages caused to the deceased is known as a survivor claim. In a survivor claim, a family asserts that a defendant’s negligence caused pain and suffering to their loved one before their loved one died and that the defendant should not be free of liability for that pain and suffering caused simply because the victim has died.

In a survivors claim, the pain and suffering damages are paid to the victim’s estate (parents, children, and/or spouse).

Who Can Be Sued in a Single Vehicle Motorcycle Crash?

Even in instances where your motorcycle was the only vehicle involved in a crash, you may be able to file a lawsuit against parties that contributed to your crash. Examples in which you may be entitled to compensation include:

  • Equipment failed you. If your crash was the result of a part of your motorcycle failing, you can seek damages in the form of a product liability lawsuit. Examples of equipment failure include, engine failure, defective tires, defective brakes, electrical problems.
  • The road caused your crash. If a environmental hazard such as potholes or road debris was responsible for your crash, you may be able to sue your state or local government. Government entities are responsible for maintaining roads and highways under their jurisdiction. This included keeping roads in a reasonable safe condition.
  • Your injuries were made worse by someone else. If your accident was your fault, but the negligence of another exacerbated the wreck or you injuries, you can file a lawsuit. For example, you lost control of your bike and crashed into debris that was negligently left on the side of the road, worsening your injuries, you can pursue action against the person who left it there.

Contact an Experienced Motorcycle Accident Attorney

Thomas J. Henry Injury Attorneys are committed to fighting for the rights of motorcycle injury victims and work to make sure that the person responsible pays for the pain he/she caused.

Because we understand that being injured in a motorcycle accident causes lifetime pain and suffering, we put constant pressure on the insurance company and driver involved to ensure you receive the maximum monetary compensation you deserve. If you or someone you love was injured in a motorcycle accident, contact our offices. We are available 24/7, nights and weekends and we represent clients/victims all over the country.

Contact Us for a Free Case Review

info@tjhlaw.com

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