Unsafe Lane Change Accidents
Even careful motorcyclists face a risk of injury when changing lanes. All drivers are supposed to use reasonable care to avoid harm to others, but unfortunately many drivers of larger vehicles fail to check their blind spots or turn on their turn signals when they make lane changes, thereby jeopardizing nearby motorcyclists. Insurance adjustors for drivers may try to shift the blame for accidents onto motorcyclists. Accordingly, it is very important to retain an attorney with significant trial experience. If you are a motorcyclist injured in an unsafe lane change in Dallas or the surrounding communities, you can consult the motorcycle accident lawyers at Feizy Law Office for guidance.Holding a Negligent Driver Accountable for Your Injuries
According to the National Highway Traffic Safety Administration (NHTSA), almost half of fatal motorcycle accidents are caused when a larger vehicle turns or changes lanes into the path of a motorcyclist who was driving safely. Unsafe lane changes can have devastating consequences. If you are injured or a loved one was killed due to a lane change, you will likely to need to show the other driver's negligence.
To establish negligence, you would need to prove the defendant driver's duty towards you, a breach of duty, causation, and actual damages. Generally, when a defendant fails to turn on his or her turn signal, swerves into another lane without warning, or fails to check a blind spot, this is a breach of the duty to use reasonable care to avoid the risk of injury to others. If a car collides with you while you are on a motorcycle, you are likely to sustain serious harm, particularly if you are moving at high speeds.
Insurers may try to blame a victim for an accident in order to protect their profits. In Texas, adults are required to wear a helmet when driving a motorcycle unless they have successfully completed an approved motorcycle operator training and safety course, or they are covered by a health insurance plan that provides benefits for people injured in a motorcycle accident. If a rider fails to wear a helmet, a jury may find that he or she is partly to blame for the resulting harm.
Texas follows a modified comparative negligence doctrine. If a victim is found to be 50% or less responsible for a crash, he or she still may be able to recover the damages awarded by the jury, minus an amount equal to his or her percentage of fault. For example, if a jury finds that your total damages are $500,000, and it finds the other driver 80% responsible for the injuries due to an unsafe lane change, you can potentially recover $400,000 from the defendant.
Motorcycle accidents tend to result in catastrophic injuries. If you can establish the defendant's negligence, you can possibly recover both economic and noneconomic damages. The latter are intangible damages, such as pain and suffering or loss of enjoyment, that the jury believes naturally flow from the kind of harm you suffered. Economic damages usually include medical bills, lost income, lost earning capacity, out-of-pocket costs, rehabilitation costs, and other tangible losses.Discuss Your Motorcycle Accident Case with a Dallas Lawyer
Dallas residents who have been hurt by a driver’s carelessness should consult the motor vehicle collision attorneys at Feizy Law Office. You can reach us at (214) 651-8686 or complete our online form to set up a free consultation. We also represent accident victims in cities such as Garland, Fort Worth, Plano, Arlington, and Irving.