Broadside collisions involving motorcycles can be devastating. These are accidents in which a car or other large vehicle hits the motorcyclist at a right angle, and they are also known as T-bone accidents. They can be the result of speeding, failure to yield, or distracted driving. For example, a motorcyclist driving through an uncontrolled intersection may think he or she has time to get across all the lanes of traffic but misjudge the speed of a driver who collides with him at a right angle. At Feizy Law Office, our motorcycle accident attorneys can guide victims in Dallas and the surrounding cities through the process of seeking compensation.Pursuing Compensation from a Careless Texas Driver
Protective helmets and riding clothes can protect a motorcyclist only so much. Since there is nothing to cushion the blow of a car or other vehicle, a rider can still suffer brain trauma, spinal cord damage, broken limbs, fractures, and long-term soft tissue injuries. In some cases, particularly when the striking vehicle is going at a slow speed, the injuries of the motorcyclist may not be immediately apparent.
Broadside collisions are often the result of negligence. A motorcyclist who is injured in such a crash would have to show the driver's negligence. A negligence claim has four elements: the defendant's duty to the plaintiff, a breach of duty, actual and proximate causation, and actual damages. Each of these must be shown by the preponderance of the evidence.
After a broadside collision, the harm to a motorcyclist is likely to be substantial. If you are struck while riding your motorcycle and you can show that it was the fault of someone else, you can potentially recover both economic and noneconomic damages. Economic losses are those that are tangible, such as lost wages, medical bills, and out-of-pocket expenses. In some cases, vocational rehabilitation may also be appropriate. Noneconomic losses are those that are more likely to be subjective. They include mental anguish, loss of enjoyment of activities, and pain and suffering.
It is not uncommon for insurers to argue that the victim of a broadside collision was partially to blame and to emphasize any aspect of a case that suggests the victim was speeding or distracted. Texas follows a modified comparative negligence rule. This means that a motorcyclist can be found up to 50% responsible for his or her injuries and still pursue damages. However, the amount of damages that are recoverable will be reduced by a motorcyclist's percentage of fault. This means that if the motorcyclist is found 25% responsible for a broadside collision, and the total damages are $100,000, the motorcyclist can potentially recover up to $75,000 from a defendant found liable.Explore Your Options with a Dallas Attorney after a Motor Vehicle Collision
If you have been injured in a motor vehicle collision in the area around Dallas, the lawyers at Feizy Law Office are ready to advise you. The at-fault party's insurer will likely try to limit your compensation, but we can retain the appropriate experts and devise strategies tailored to your situation. Call Feizy Law Office at (214) 651-8686 or arrange an appointment through our online form. We represent accident victims in many Texas cities, including Arlington, Irving, Fort Worth, Garland, and Plano.