Sudden stops often occur while motorcyclists drive along highways and neighborhood streets. Yet, when they occur and an accident results, designating the liability for damages can become challenging.
On some states’ traffic law, a legal jury has the capacity find either driver, both or neither vehicle operator liable during a sudden stop accident involving motorcycles depending on the circumstances. In fact, many motorcycle enthusiasts mistakenly believe if they rear-end another driver in the state, they are considered at fault by the law automatically. This reflects a clear misinterpretation of how personal injury laws in some states function for a jury possess the discretion to attribute liability among all, one or none of the riders involved in the accident.
Our team lawyers at the Doan Law Firm comprehends fully the nuances of the law surrounding sudden stop accidents and implications for motorcycle victims. The firm has invested decades into developing its legal experts in assisting victims receive the complete protection, compensation and justice they are entitled to under Texas law.
If you or a someone dear to you is involved in a sudden stop accident on a residential street near your home or on a busy highway, our team of compassionate lawyers at Doan Law Firm are ready to help. Serving Texas motorcyclists proudly throughout the state for decades, our legal professionals possesses the knowledge, commitment and expert insight to protect you and your family while ensuing you secure the highest compensation entitled to you under the law.
Negligence in Texas
Texas is classified as a comparative negligence state, whereby to win a suit against another motorcyclist for damages resulting from an automobile accident, the plaintiff is required to secure a jury decision that the other driver proved negligent in the ordeal. By law in Texas, the concept of “negligence” is defined as: “the failure to act as a person of reasonable prudence would have acted under the same or similar circumstances.” Within a legal procedure, a question will be provided to the jury asking them if they believe that the other motorcyclist’s negligence served as the most significant factor in the automobile accident in question. The jury must conclude that the other motorist was negligent in order for you to receive any type of compensation.
Nature of Liability
In terms of liability, the state of Texas is not an “all-or-nothing” domain. This means that more than one rider, including the victim, can be found of being negligent in the accident in question. From a technical legal viewpoint, the question of negligence is submitted frequently as: “Did the negligence of any of the following persons proximately cause the motor vehicle in question?” The response document subsequently will feature a list of names that may or may not include the name of the victim, other driver and any other drivers who may have participated in the accident in some form but left the scene. Next to each name will appear a blank space for the each jury member to write “yes” or “no”. Should they determine that more than one person was negligent in precipitating the accident, they will assign a percentage to each person to apportion the given liability.
Texas law mandates that should the jury assign a percentage to you in excess of 50 percent, you will be entitled to nothing in terms of compensation. Should your percentage fall below 50 percent, you have the right to claim strictly the percentage of the claim the other driver or drivers are responsible. For example, should the jury decide that your negligence was 20 percent of the fault behind the accident while the other’s was 80 percent of the reason, and awards you $100,000.00, you would be entitled to receive only $80,000.00 under the law because of your negligence.
Unavoidable Accident Arguments
By law in some states, an “unavoidable accident” is deemed an event that transpires, though is not precipitated by the negligence of a related party. For example, should a wild deer cross the road unexpectedly and precipitate an accident, the “unavoidable accident” mandate would likely be applied. Should the passenger in an automobile that strikes the deer sue the driver of the car, the driver of the car will raise likely the “unavoidable accident” argument. Should the jury in the case find the argument compelling, then the passenger would be precluded from making any type of claim of compensation from the motorcyclist.
Be confident knowing the Doan Law Firm understands the nuances related to sudden stop and personal injury law and the potential rewards and costs related to these types of cases and the implications for your family. Providing the risks associated with this type of accident, it is imperative that you legally protect yourself. Trust that our attorneys are equipped with decades of experience in Texas to ensure you maximize your claim related to sudden stop accidents.
Partnering with The Doan Law Firm
The legal team at the Doan Law Firm works seamlessly with a dedicated group of experts to calculate what our clients will require in the present and the future to maintain their lives and those they have been entrusted to care in the aftermath of a motorcycle accident. Based on each case, we collaborate with trained experts in the healthcare profession, financial experts, rehabilitation practitioners as well as traffic and collision authorities. We strive steadfastly to win for you the maximum compensation you deserve outlined by Texas law.
Our expert motor and injury lawyers possess the expertise, experience and motivation to utilize decades of legal know-how to secure for you optimum results. We strive vigorously to ensure your receive the fullest compensation under the law in Texas. Place your trust in us to assist you and your family in receiving the compensation you require to manage the distress experienced during your accident.
In the end, should you or someone close to you be involved in a sudden stop accident on a motorcycle, don’t hesitate to contact us to help protect you to the fullest under the law. The experts at the Doan Law Firm will work tirelessly to protect your rights and ensure you receive all of the compensation you are entitled to under the law in Texas. Leverage our vast expertise in this area of the law to ensure you financial future. Connect with us today for a free consultation and we begin to craft an approach given the circumstances of your case at no cost. Note that all of our services are provided strictly on a contingency basis, whereby you will not be responsible for paying for anything until we successfully secure what is your from a settlement or trial.
The Doan Law Firm is available for a free telephone consultation 24 hours a day, 7 days a week. Rest assured, we never charge any fees of our clients unless we are successful in winning a suit for you. The firm has been honored as number 1 in the state of Texas for its customer service, and has been recognized for its work on several esteemed media outlets, including CBS, ABC, FOX, NBC as well as Univision. We have locations throughout Texas, making it seamless for us to help you wherever your accident occurs. Contact us today to find out how we may be able to help you!
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