If you’re a motorcycle rider who’s been injured in an accident where you’re partially at fault, you may wonder whether you can still receive financial compensation for your injuries. Under Texas law, your financial recovery depends on your level of fault in the accident. Division of fault between the plaintiff and defendant in a personal injury case is called “proportionate fault” in Texas and “modified comparative fault” in many other jurisdictions.
A Plaintiff can still recover against a defendant if the plaintiff is no more than 50 percent at fault for their injuries. But a plaintiff who is more than 50 percent at fault for his or her own injuries ca not recover anything from the defendant. So if a motorcycle rider who was speeding at night on a country road hits a car turning onto the road off a side street and is found to be 60% at fault in the accident, the motorcycle rider won’t be able to recover anything from the driver for his injuries since the motorcycle rider was more than 50 percent at fault for the accident.
Recovery when the plaintiff is partially at fault is reduced by their degree of fault. For example, if a motorcycle rider hits the side of a van on the highway and is found to be 40 percent at fault in the accident, leaving the driver of the van 60 percent at fault, the rider can still recover for his injuries since he was 50 percent or less at fault. But because he is 40 percent at fault, if his injuries are worth $100,000, his recovery will be reduced by his fault, leaving him with a $60,000 verdict against the driver.
If you’ve been injured in a motorcycle accident and believe that you may be partially at fault, it’s very important that you seek the counsel of an experienced, aggressive Houston motorcycle accident attorney to represent your interests and ensure that your financial recovery isn’t eliminated because of your fault in the accident. Without a competent Sugar Land, TX attorney, a court may eliminate or reduce your ability to financially recover from your injuries.