Many motorcycle collisions happen at intersections. A crash can happen due to a failure to yield the right of way or aggressive driving or lack of control. After a motorcycle accident, the driver of a larger vehicle may claim he did not see the motorcycle or that it came out of nowhere. Unlike drivers of passenger cars, motorcyclists have no buffer between their bodies and a striking vehicle, and their injuries as a result of a driver's failure to watch out for them can be catastrophic. If you are a Dallas resident injured in an intersection collision, the motorcycle accident attorneys at Feizy Law Office can represent you in a claim for compensatory damages.Intersection Collisions in Texas
Intersection collisions are often the result of a driver's failure to yield on a left turn, or a driver speeding through an uncontrolled intersection. For example, a driver may linger too long within the intersection when waiting to make a left turn and crash into a motorcyclist who is proceeding straight through the intersection. The driver may have failed to spot the motorcyclist or misjudged the motorcyclist's speed.
A victim trying to recover damages must prove negligence by a preponderance of the evidence. Specifically, he or she will need to establish these elements: the defendant's duty of care, a breach of duty, causation, and damages. Under Texas Vehicle Code §545.101, a driver making a left turn must approach the intersection in the extreme left-hand lane and after going into the intersection must turn left, leaving the intersection to get in an available lane. A driver who violates this law—such as by failing to get into the left turn lane when one is available, or by lingering in the intersection and colliding with a motorcyclist who has the right of way—may be liable either under a theory of negligence or a theory of negligence per se.
Negligence per se applies in Texas when a defendant has violated a statute, regulation, or ordinance, the violation is the cause of an accident, and the accident is of the type that the law was designed to prevent. Negligence per se allows a rebuttable presumption that the elements of duty and breach are satisfied, which can make it easier for a plaintiff to recover damages.
What if the motorcyclist is partially at fault for the accident? In Texas, a defendant can argue that the plaintiff was partially or wholly to blame. The jury determines each party's percentage of fault. You can recover some damages if you are 50% or less responsible. However, you can only recover damages from the other party up to its percentage of fault, and you are barred from recovering at all if you are 51% or more at fault for an accident. For example, if the jury finds that you suffered damages of $100,000 in an intersection collision, but you are 30% at fault, you can recover up to $70,000 from the defendant.Discuss Your Motor Vehicle Collision with a Fort Worth Attorney
While leather wear and a good helmet can positively affect the degree of harm suffered by a motorcyclist in a crash in certain cases, they often fail to adequately protect against injuries in some of the most serious crashes. Motor vehicle collisions in the Fort Worth area can have catastrophic consequences, and a personal injury lawyer may be needed to assert a victim’s rights. Call Feizy Law Office at (214) 651-8686 or contact us via our online form. We represent injured motorcyclists in cities throughout the Dallas region, including Irving, Arlington, Garland, and Plano.