In civil liabilities cases (like a motorcycle injury accident claim in Liberty, TX), Texas observes the rule of “modified comparative negligence.” In any accident case, there are several steps to determine liability before anyone can receive any financial compensation for their injuries. The steps include determining:
· Who all is at fault for the accident (there is often more than one party at fault)?
· What proportion of the overall fault does each participant hold?
· Who owes other parties compensation for their accident losses?
· How much does each person owe?
Under the rule of modified comparative negligence, the test is whether a person is at least 50% responsible for causing an accident. If so, then he (or she) loses the right to claim monetary compensation from other parties to the accident. Basically this means that if you’re a biker making a claim for financial settlement of accident injuries, the other side will try to show that you were at least half responsible for causing the wreck. The opposing parties to your claim will already have public perception of motorcyclists and accident statistics on their side.
To fight their advantages, you will need the help of a Texas personal injury attorney who has years of experience representing injured bikers. At Denena & Points, we’re aware of how statistics and anti-biker biases can combine to affect your chances of making a successful claim. But we also know that only the particular facts and circumstances of your accident should affect the outcome of your claim. We’ll apply our experience and legal knowledge to your case, and protect your rights every step of the way.