Broadside accidents can lead to devastating and long-term injuries. In the most serious cases, these accidents can lead to death, especially for people riding a motorcycle. If you have been injured in a broadside accident that was not your fault, you need to reach out to an Abilene motorcycle accident attorney without delay. At the Galbreath Law Firm, we have extensive experience helping victims pursue recovery for their injuries, whether it is through a settlement or a verdict at trial. You can rest assured that we can meticulously analyze the facts of your case and provide you with a thorough assessment of your claim.Taking Legal Action Following a Broadside Collision
Broadside collisions, also known as T-bone accidents, occur when the side of a vehicle is hit by the front or rear of another vehicle, forming a “T” shape. In other words, a broadside accident takes place when a car hits another vehicle at a right angle. According to the Insurance Institute for Highway Safety (IIHS), side-impact collisions make up approximately 25 percent of all passenger vehicle fatalities throughout the United States each year. When it comes to motorcycles, these wrecks can be especially devastating because there is nothing to cushion the blow for the cyclist. As a result, a rider can suffer serious injuries, including brain injury, spinal cord damage, broken ribs, broken limbs, fractures, long-term soft tissue injuries, and more.
Most broadside accident cases are rooted in the legal theory of negligence. Negligence applies when a broadside accident happens due to a party’s failure to exercise a reasonable amount of caution in a particular situation. Before any damages can be recovered, the plaintiff and their injury lawyer need to establish the elements of negligence by a preponderance of the evidence, which simply means the greater weight of the evidence. The elements are as follows:
- The defendant owed the plaintiff a duty of care;
- The defendant breached the duty of care owed to the plaintiff;
- The defendant’s breach was a direct and proximate cause of the broadside accident; and
- The plaintiff suffered quantifiable injuries or losses as a result.
After a broadside collision, the harm to a motorcyclist is likely to be substantial. In fact, the injuries that a rider suffers can be extremely costly to treat. This can be very burdensome on a victim as well as his or her family. Fortunately, Texas law allows victims of motorcycle accidents to recover a variety of damages, such as medical expenses, lost wages, rehabilitation costs, property damage, and other out-of-pocket expenses stemming from the accident. In addition, plaintiffs may pursue compensation for losses that are less tangible and more subjective, such as mental anguish, pain and suffering, and loss of enjoyment of activities.
Texas follows a modified comparative negligence rule, under which a motorcyclist can be found up to 50 percent responsible for his or her injuries and still receive damages. In some cases, a defendant will argue that the plaintiff’s own negligence played a role in the accident. In these cases, the amount of the plaintiff’s damages will be reduced by his or her percentage of fault. For example, if the plaintiff motorcyclist is found to be 20 percent responsible for the broadside collision, and the total damages are $200,000, the motorcyclist will be able to recover $160,000 from a liable defendant. However, if the motorcyclist was 51 percent or more at fault, they will not be able to recover any damages.Seek Guidance from a Motor Vehicle Collision Lawyer in Abilene
If you or someone close to you has been injured in a broadside accident caused by someone else’s negligence, you may be entitled to compensation for your harm. At the Galbreath Law Firm, our experienced motorcycle crash attorney is committed to holding negligent car and truck drivers accountable for the harm that they cause. We proudly advocate for clients in Abilene, Breckinridge, Brownwood, Cisco, Eastland, Clyde, Baird, Sweetwater, Snyder, Colorado City, Rosco, Anso, Albany, Haskel, Hamlin, Coleman, and Ranger Hill. For a free initial consultation, do not hesitate to call us at 325-437-7000 or contact us online. If you need help urgently, call 325-829-8000.