Motorcycle accidents often result in devastating injuries, leaving riders facing overwhelming medical bills and a long road to recovery. When someone else’s negligence causes your accident, you have the right to seek compensation – but what happens when the other party claims you share some blame? Understanding how Texas handles comparative negligence in motorcycle accident cases may make the difference between recovering fair compensation and walking away empty-handed.
At Dale R. Rose, PLLC, we understand the unique challenges motorcycle accident victims face in Texas. With 29 years of personal injury litigation experience, we’ve seen how insurance companies use comparative negligence laws to minimize their payouts. Our McKinney-based firm combines decades of trial experience with personalized attention to protect your rights after a motorcycle accident.
What Is Comparative Negligence in Texas?
Texas follows a modified comparative negligence rule, which allows injured parties to recover damages even if they bear some responsibility for an accident. Under this system, you may still receive compensation as long as you’re not more than 50% at fault for the crash. However, your total recovery will be reduced by your percentage of fault.
For example, if a jury awards you $100,000 in damages but finds you 20% responsible for the accident, your recovery would be reduced to $80,000. This reduction reflects your contribution to the incident while still holding the other party accountable for their role in causing your injuries.
The 51% Bar Rule
Texas law includes a crucial threshold known as the 51% bar rule. If you’re found to be 51% or more at fault for the accident, you cannot recover any damages from the other party. This harsh cutoff makes it essential to build a strong case demonstrating the other driver’s primary responsibility for the crash.
Common Comparative Negligence Arguments Against Motorcyclists
Insurance companies often exploit stereotypes about motorcyclists to shift blame and reduce their liability. They may argue you were speeding, even without concrete evidence, simply because motorcycles are associated with fast riding. Similarly, they might claim you were lane splitting or weaving through traffic, regardless of whether these actions actually occurred.
Visibility arguments frequently arise in motorcycle accident cases. The other driver’s insurance may assert that you failed to make yourself visible enough, despite following all traffic laws. They might also scrutinize your protective gear choices, suggesting that not wearing certain equipment contributed to your injuries.
Fighting Back Against Unfair Blame
These tactics highlight why motorcycle accident victims need experienced legal representation. Insurance adjusters know that juries sometimes hold unconscious biases against motorcyclists, and they use these prejudices to their advantage. A skilled attorney may counter these arguments with facts, witness testimony, and accident reconstruction evidence that tells the true story of what happened.
How Comparative Negligence Impacts Your Compensation
The percentage of fault assigned to you directly affects every element of your damage award. Economic damages like medical expenses, lost wages, and property damage all face the same percentage reduction. Non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life are similarly reduced based on your assigned fault percentage.
Consider a case where your total damages equal $500,000. If you’re found 30% at fault, you would receive $350,000 – a $150,000 reduction. This substantial difference underscores the importance of minimizing your assigned fault percentage through effective legal representation.
Protecting Your Rights After a Motorcycle Accident
The actions you take immediately after an accident may significantly impact how comparative negligence plays out in your case. Always document the scene thoroughly, taking photos from multiple angles that show road conditions, traffic signals, skid marks, and vehicle positions. Collect contact information from witnesses who may provide unbiased accounts of what they observed.
Seek medical attention promptly, even if you feel fine initially. Adrenaline may mask serious injuries, and delays in treatment give insurance companies ammunition to argue your injuries weren’t severe or weren’t caused by the accident. Follow all medical advice and attend every appointment – gaps in treatment may be used against you.
What Not to Do
Avoid making any statements that could be construed as admitting fault. Simple phrases like “I’m sorry” or “I didn’t see you” may be twisted to suggest you caused the accident. Let the police investigate and determine fault based on evidence rather than assumptions or emotional reactions at the scene.
Never agree to a quick settlement without legal counsel. Insurance companies often pressure accident victims to accept lowball offers before they understand the full extent of their injuries or their rights under Texas law. Once you sign a settlement, you typically cannot seek additional compensation later.
Dale R. Rose, PLLC: Fighting for Fair Compensation
When you’re facing a comparative negligence claim after a motorcycle accident, you need an attorney who understands both the law and the tactics insurance companies use against motorcyclists. Dale R. Rose brings 29 years of personal injury litigation experience and over 165 first-chair jury trials to your case. Since 2010, we’ve recovered over $18 million for our clients, averaging $900,000 to $1 million in settlements annually.
Our approach differs from large firms, where your case becomes just another file number. When you work with us, Dale personally handles all aspects of your case, ensuring you stay informed and involved throughout the process. We know how to counter unfair blame tactics and present compelling evidence that protects your right to full compensation. Don’t let insurance companies use comparative negligence to deny you the recovery you deserve – call us at (972) 634-ROSE (7673) or fill out our contact form today for your free consultation.
