A Motorcycle Wreck While Speeding Isn’t a Deal Breaker
While riding on two wheels it can be tempting to test the limits of the bike. How fast can you go? How quickly can you speed up? How much wind can you feel in your face? The reality is that if you crash while speeding, it might be harder to recover damages; even if you’re the victim.
But it might not be impossible. The Car Crash Captain has some details on what to consider, and how this could all play out.
Texas is a Modified Comparative Negligence State
Most states follow a modified comparative negligence stance when it comes to victims and what restitution they can seek. Because some of these terms and laws can get a bit confusing, you want to have a personal injury lawyer, like Herbert Law Group, on your side.
In Texas, the rule is called proportionate responsibility. What it boils down to is that if the victim is partially at fault, their compensation will be reduced proportionately. So, if you’re riding your motorcycle and you’re speeding, then another vehicle turns in front of you causing you to crash into them, you could be found to be partially at fault. Suppose it is determined that you are 25% at fault and the other driver is 75% at fault – you may only be able to collect 75% of the compensation that would otherwise be awarded to you.
How to Prove Fault
Because your compensation can be reduced, it’s important to know how to prove that you weren’t at fault. Perhaps you were speeding by only one or two miles per hour over the speed limit – you’re still speeding and could have your settlement reduced. But would those two miles per hour really have changed anything?
- Eye witness testimony is valuable to dispute claims of excessive speed or reckless driving.
- Accident reconstruction can help determine the extent that speeding played a part in the wreck.
- Traffic laws can be used for and against your case.
- Video evidence can be pulled from dash cams, helmet cams, and even privately or publicly owned surveillance equipment.
Your motorcycle crash attorney will know the best course of action to figure out which method of proving, or disproving, fault is going to be the most effective.
Arguing for Compensation from Insurance
Regardless of who is at fault, the fact remains that you were injured in a crash, and you need a settlement to ensure you’re going to be able to heal. There are ways your attorney can help to show that even if you were speeding, the crash was bound to happen because you weren’t at fault.
The primary method is going to be showing that the other party’s negligence was the primary cause of the crash.
Arguing that speed did not significantly contribute to the crash, and other factors were more critical will help too.
It may be required to challenge the speed evidence. Perhaps the only “evidence” was a witness that said it “looked like” you were speeding.
There are numerous ways to ensure that you’re being treated fairly. These aren’t done sneakily or by twisting the truth, they’re done by proving you were injured and need to be made whole again regardless of other circumstances.
Herbert Law Group Helps Motorcycle Crash Victims
Proving negligence can get tricky sometimes. And that’s exactly why Herbert Law Group helps motorcycle accident victims. Many people automatically assume the rider was to blame, and not the motorist.
If you’ve been injured, you have one goal: to heal. So, let’s take the stress of dealing with insurance companies and the legal system off your plate. Call Herbert Law Group at 214-414-3808, or fill out the contact form on our site. We’ll chat about what happened, and see how we can help.