Did you just get into a motorcycle accident? Most drivers who are victims of road accidents have one thing in common. They assume that if they drive carefully, don’t drink and drive, and have years of experience behind the wheel or horns, so does the rest of the population. You can never be too careful, or realistic, for that matter. 

A quick glance at the statistics paints a grim picture: according to Forbes, 42.915 motorists and motorcyclists died in 2021 alone following traffic accidents, an uptrend of 10.5% compared to the previous year.

It’s safe to say that the better part of that horrifying number is made up of victims, not culprits – this is to say that regardless of how well you drive, there will always be someone who drives infinitely worse; that the fact that you would never drink and climb inside the car is no assurance that others won’t.  

With these in mind, you’ve reached us because you want to know who you can hold responsible in court for your motorcycle accident. The answer is simple: you can sue the culprit directly. But don’t leave just yet, there is much to be discussed. 

Liability in Motorcycle Accidents  

Car accidents are violent and dangerous, that’s no news. Motorcycle accidents, on the other hand, are ten times more violent and dangerous, on account of three crucial aspects: most motorcycles don’t have airbags or other cushioning means of protection, the body of the driver is outside the vehicle, where it is prone to a lot more injuries, and motorcycles are a lot more fragile than cars.

Taking this into consideration, the mere fact that you were on a motorcycle at the time of the accident makes the violator of the traffic rules doubly liable, since the risk of you being injured fatally is significantly higher than it would have been if you were in a car. 

However, liability isn’t valid in court unless an experienced motorcycle accident lawyer can prove it. 

Statute of limitations

You need a person who knows all the ins and outs of motor accidents to help you up from the mire. Lawsuits might look as simple as “I’m going to sue him and my case is absolutely bulletproof”, but that’s only skimming the surface.

Assuming that you are well within the statute of limitations for reporting a motorcycle collision (the SOL varies from state to state), your attorney can now file the lawsuit and start gathering evidence for your case. 

Every day, one motorcycle rider dies in Texas as a result of a road accident. Riders who survive are badly injured, in which case they can sue the culprit for compensation. A motorcycle accident attorney will ensure that you handle the evidence correctly and that you follow the statute of limitations for personal injury cases in Texas – this is two years from the date of the accident. 

Now, an accident is by definition the result of negligence on someone’s part. Accidents are triggered by careless drivers – it is only the victim that they “happen” to.

What you need to prove in court

In order to hold a driver liable for your accident, the plaintiff (you, for whom the attorney works as a mouthpiece) must prove the following: 

The defendant (the other driver) was required by law to pay attention to the road, but did not: This is for the birds, as they say, but it is a fundamental element of a motor accident lawsuit. It is officially referred to as “Duty” and it sets the accident lawsuit in motion.  

The injuries that you sustained were caused by the defendant’s inattention/carelessness: This is not merely being redundant and stating the obvious – it is stating that the driver who caused the accident “breached” his duty to follow the same traffic rules as you do and to be as alert. This breach is yet another proof that the driver is clearly guilty and most probably has a concealed history of similar behaviour. 

His contravening of his duty to be careful caused the accident: In other words, the accident wasn’t caused by, say, a malfunction – it is the result of a willful breach of law and common sense. 

He caused damages to you and your vehicle: Evidently, you cannot file a lawsuit if the accident caused no visible damages. You might as well start the fire with your wallet.  

As you can see, “I’ll sue him/her” is just the tip of the iceberg. All of the details above bifurcate into yet more details, specifics that only an accident attorney understands. If you can bring proof for each of these items, your lawsuit will be undoubtedly successful. But should you file it in the first place? 

Motorcycle Accident Lawsuit Alternatives 

Lawsuits are an effective way of making someone pay for the damages they’ve done, but they’re costly affairs and not everyone can afford to file them. If your financial situation won’t allow for a lawsuit, the next best option would be to settle the matter out of court with the culprit’s insurance company, particularly if you haven’t suffered serious injuries following the accident. 

Again, you shouldn’t go it alone – insurance companies will always try to toy you into settling for less than what you deserve, and a competent accident attorney, having seen cases like yours time and again, will instantly know that the other driver’s insurance firm is attempting to scam you. 

Most people who choose the option of settling with the insurance company do not seem to realize that the company’s immediate concern is their own payers and not the victims. If you think that they’ll give you the best they can, you’re in for quite the surprise. They would make no profit by doing that. 

Motorcycle Accident Concluding Remarks 

Being involved in any kind of accident is distressing, but motorcycle accidents have an aura of their own; it’s that proximity that makes it uniquely nightmarish – the car hits your body instead of the body of your car, and there’s nothing between you and cold, hard steel. You’re “there” in a way that someone who hasn’t had a motorcycle accident will never be able to fully comprehend.  

If the physical and psychological damages that have been inflicted upon you following the accident far exceed the reward you would get from the culprit’s insurance company, you should look for an accident attorney and file a lawsuit. This will not only pay for the damages but ensure that the culprit is brought to justice, which doesn’t happen as frequently as it should.