Motorcycle accidents often lead to confusion about who bears liability. Misunderstanding these issues can prevent injured motorcyclists from pursuing fair compensation. Understanding the facts can help clarify rights and responsibilities after an accident.
Motorcyclists are at fault in every case
Many people assume that motorcyclists are reckless and automatically at fault in accidents. However, Texas law holds all drivers accountable for safe road behavior. Liability depends on the circumstances and evidence, not stereotypes. For instance, if a car driver failed to yield or acted negligently, they could be held liable for the crash.
Lane splitting is legal in Texas
Some believe that motorcyclists can legally lane split, which involves riding between lanes of slow-moving or stopped traffic. This practice is illegal in Texas. If an accident occurs while lane splitting, the motorcyclist might share some liability. However, this does not mean they lose the right to seek compensation if another driver contributed to the crash.
Not wearing a helmet means no compensation
Texas law requires riders under 21 to wear helmets, but riders over 21 may opt out under certain conditions. Some mistakenly think that not wearing a helmet eliminates the ability to file a claim. While it may reduce compensation if injuries are linked to the lack of a helmet, it does not entirely bar a motorcyclist from recovering damages for the other party’s negligence.
Insurance companies treat motorcyclists fairly
Many assume that insurance companies will provide fair settlements to motorcyclists. In reality, insurers often try to minimize payouts by exploiting biases against motorcyclists. They may argue that riders were speeding or acting recklessly, even without evidence. It’s essential to gather strong evidence and challenge these tactics to protect one’s rights.
Motorcyclists can’t pursue claims if partially at fault
Texas follows a modified comparative negligence rule. Motorcyclists can still recover damages if they are less than 51% at fault. Their compensation decreases based on their percentage of fault, but partial responsibility does not bar them from seeking justice.
Understanding these misconceptions empowers motorcyclists to navigate the legal process and protect their rights after an accident.