In many cases, who is responsible for causing a motorcycle accident is a contentious issue. Often the motorcyclist will blame the driver; and the driver will blame the motorcyclist. In this classic he-said-she-said fight, how do lawyers, judges, juries, and insurance companies allocate liability?
For many litigants, other instances of responsible or irresponsible action can help tip the balance in favor of one party or the other. In particular, if a motorcyclist fails to adhere to state law, these breaches of a legal duty may influence the way a court or jury determines responsibility. So, what are some of the legal duties imposed on motorcyclists?
In Texas, motorcyclists under the age of 21 are required to wear a helmet. They are required to use a headlight for motorcycles built after 1975. Their motorcycle may not be retrofitted in a dangerous way, such as raising the handlebar height more than 15 inches above the seat. And they must purchase a minimum level of insurance.
While a failure to adhere to these laws – as well as other demonstrably safe practice – will not necessary result in a particular outcome, they are often influential. Are these laws applicable in your motorcycle injury lawsuit? To find out, contact the attorneys and dedicated professionals at the Dallas law firm of Fears | Nachawati.
About the Author
Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at email@example.com or by phone at 1.866.705.7584. His legal background is featured at: