Quick Answer: Who’s At Fault in a Motorcycle Crash in Texas?

In Texas, fault in a motorcycle accident depends on negligence. In other words, whose failure to exercise the appropriate care led to the accident?

For example, if someone is speeding or driving while distracted and their actions contribute to a serious accident, their negligence would likely mean they would be held liable. However, there are times when multiple parties are involved, in which case Texas’s comparative fault rule would come into play.

Regardless, this question of fault is why the first step in any motorcycle accident claim should be a full investigation that seeks to determine how the accident happened and whose actions caused it, supported by facts and evidence that solidify liability.

Common At-Fault Parties & Why

There are several parties who are commonly found at fault in motorcycle accidents, including:

Passenger Vehicle Drivers: Other drivers on the road are most commonly at fault. Some of the most prominent reasons for these accidents include failure to yield to motorcyclists, misjudging speed or distance, or making unsafe left turns that violate the motorcyclists’ right of way.
Commercial Drivers: Similarly, truck drivers, rideshare operators, and other commercial vehicle drivers can also be at fault, including for violating Federal Motor Carrier Safety Administration (FMCSA) regulations, failing to pay adequate attention to blind spots, or driving while fatigued.
Government Entities or Contractors: The government and those doing construction work for it can also be held responsible for accidents. Some common reasons include poorly maintained roads, missing signage, and dangerous construction zones.

While the blame is often attributed to motorcyclists when accidents occur, research has shown that other drivers are most often at fault for motorcycle crashes, indicating that motorcyclists are generally able to pursue compensation for their damages.

How Is Fault Determined & Proven

Proving fault in a motorcycle accident depends mostly on what evidence is available, as well as the content of the police report. Some of the most common and important types of evidence include:

Witness statements
Crash scene evidence (such as skid marks)
Dash cam or traffic cam footage
Black box data (in commercial vehicles)
Vehicle damage

In some cases, especially those that are more complicated from a fault perspective, it may also be helpful to work with an accident reconstruction specialist who can create 3D models to show how the accident took place. We can also work with mechanics and other specialists who help to determine and prove fault.

How the Texas Comparative Fault Law Affects Your Recovery

It is not uncommon for fault to be shared among parties. For example, a motorcyclist is going 5 to 10 miles per hour over the speed limit when another driver cuts them off, causing a crash. It could be determined that the rider is 25% at fault in the crash.

This does not mean you cannot recover compensation. In Texas, so long as you are 50% or less at fault for the crash, you are still able to recover compensation for your damages.

However, how much compensation you are eligible to recover is diminished by the percentage you are deemed to be at fault. If you are considered to be 25% responsible and your total damages equal $100,000, then you would only be able to recover $75,000 in total compensation.

While this can be good news for accident victims, it’s also important not to take the insurance company’s word for how comparative fault should apply to your case. They may use this as a negotiation tactic to get you to accept less than you deserve. Instead, you should rely on your motorcycle accident lawyer’s experience to determine whether or not an offer is fair and reasonable.

Motorcycle Crash Injuries & Damages

Motorcycle crashes, by nature, tend to lead to more serious injuries than crashes involving only passenger vehicles. Some of the injuries that can occur in motorcycle accidents include:

Because these injuries can be so serious, they often lead to significant damages, including:

Medical bills
Lost wages
Loss of earning capacity
Pain & suffering
Out-of-pocket expenses
And more

It is critical that accident victims fully calculate their damages so they can recover the compensation they need and deserve, taking everything possible into account.

What To Do Now To Protect Your Claim

There are a few key things you can do now to give yourself the best chance possible of recovering the compensation you deserve. These include:

Seeking medical attention and documenting your diagnosis and treatment.
Preserving evidence, such as photos from the scene, along with any clothing you were wearing at the time, including your helmet.
Declining to provide a recorded statement or access to your medical records to an insurance company until you’ve received legal counsel.

Again, insurance adjusters are very good at seeming friendly and on your side, but they have just one priority: paying out as little compensation as possible. We recommend avoiding these tactics and finding a reputable motorcycle accident lawyer in Houston to help guide you through the process.

Contact a Houston Motorcycle Accident Lawyer Today for a FREE Case Evaluation

You don’t have to face all of this on your own. At Patrick Daniel Law, we know how challenging it can be to recover from a serious accident. There’s no need for you to try to determine fault in a motorcycle crash as well.

With extensive experience representing motorcycle accident victims in Houston and throughout Texas, we’re here to provide you with the hands-on support and resources you need to ensure your rights are protected.

To get started, your case evaluation is completely FREE, and you only pay us if and when we recover compensation on your behalf. Contact us today to speak with a motorcycle accident attorney who’s ready to fight for you.

Who’s At Fault in a Motorcycle Crash?