Best Motorcycle Accident Lawyers Fort Worth, TX Of 2024 – Forbes

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Texas Statute of Limitations

The statute of limitations for filing a personal injury lawsuit in Texas is two years from the date of the accident or, in cases where the personal injury action is brought on behalf of someone who died as a result of their injuries, two years from that person’s date of death. If you fail to bring your lawsuit within two years, you will be completely barred from recovering for your injuries.

If your accident occurred as a result of the negligence of a government employee, you are required to submit a notice of your claim against the governmental agency no later than six months after the date of the accident. The notice of claim must describe the damage or injury; the time and place of the accident; and the accident itself.

TX Laws for Motorcycle Drivers

In addition to following all state laws for motor vehicles, motorcycle riders in Texas are required to follow other laws that apply only to motorcycles. Some of those motorcycle-specific laws include:

  • Lane Splitting. Lane splitting, or riding in between lanes, is illegal in Texas. If you are injured in an accident while engaging in lane splitting, you might have more difficulty in recovering compensation for your injuries because lane splitting is against the law.
  • Helmets. All motorcyclists who are under 21 years old are required to wear a helmet. Motorcyclists who are over 21 years old are required to wear a helmet unless they have completed a state-approved motorcycle safety course or can show that they’re properly insured.
  • License Requirements. In addition to meeting all requirements needed to obtain a regular driver’s license, motorcyclists are required to acquire a special license, also known as a “Class M License.”
  • Registering Your Motorcycle with the TX DMV. The process for registering your motorcycle with the Texas Department of Motor Vehicles (DMV) depends on whether you purchased your motorcycle from a dealership or from a private seller.
  • Equipment Requirements. Texas requires certain equipment to be present on motorcycles, including an exhaust system, brakes, tail lamp, stop lamp, license plate lamp, rear red reflector, Vehicle Identification Number (VIN), horn and mirror.

Identifying Fault for a Motorcycle Crash

Texas is an at-fault state, which means that whoever is at fault for the accident must pay for damages that arise from the accident. This fault-based system is contrary to no-fault systems followed by other states, where motorcycle riders can seek compensation from their own insurance companies regardless of who actually caused the accident.

However, Texas also uses a modified comparative fault rule, which limits an at-fault driver’s ability to recover damages. Specifically, under this rule, an at-fault driver cannot recover damages if their percentage of responsibility is more than 50%.

Motorcycle accidents can happen for a variety of reasons, including traffic law violations, rear-end collisions and the negligence of others.

How Can an Attorney Help You?

An attorney can help you with your motorcycle accident case by conducting an investigation into who was at fault for the accident and determining how you can recover the highest possible monetary compensation for your injuries.

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