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Comal County motorcycle crash attorneyEach year in the United States, May is recognized as National Motorcycle Safety Awareness Month. This is an important time to reflect on how motorcycles and other vehicles can more safely share the road and reduce the risk of accidents and injuries, but it is also a good time for motorcyclists to learn about their options if they are injured in an accident. Motorcycle crash injuries often result in lasting consequences, and it is important for motorcyclists and their families to be aware of all the damages they may be able to recover through a personal injury claim.

When Can I Recover Damages?

When a motorcyclist is injured in an accident and requires medical care, two things must be true in order for them to recover compensation. First, their injuries must have been caused entirely or partially by the negligence of another party. Often, this means another driver may have caused the crash because they were drunk, distracted, or otherwise driving recklessly in breach of their duty of care to others on the road. In some cases, other parties may also be liable, such as employers of commercial truck drivers or manufacturers of defective motorcycle parts.

Second, the motorcyclist must have been 50 percent or less responsible for their own injuries. It can be much more difficult to recover compensation from another party in a single-vehicle accident, or an accident in which the motorcyclist was intoxicated, speeding, or otherwise violating traffic laws.

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New Braunfels personal injury attorney car accident

Not all car accidents are the result of driver-related errors, negligence, or intentionally wrongful conduct. Sometimes, the fault lies with the vehicle itself—whether in its design, manufacture, or maintenance. Importantly, for victims in accidents caused by vehicle defects, recourse exists just the same as it does for “regular” accidents. Products liability law (rather than negligence or battery) governs this area of auto accidents in Texas and allows victims to rightfully seek compensation for medical bills, pain and suffering, lost income due to missed work, the cost of vehicle repair or replacement, and when warranted, punitive damages. With the aid of an experienced personal injury attorney, the existence of a defect can be proven and compensation sought for its adverse consequences.

Manufacturing Defects May Have Dire Consequences

Cars are complex machines, and with highway speed limits in Texas that are 85 miles per hour in some areas, injuries and property damage stemming from a vehicle defect-related accident can be severe. One common type of defect is “unintended acceleration,” which affected Toyota vehicles made in or around 2009 and Audi vehicles in the 1980s. There is also the problem of tire separation, which, due to poor quality adhesives, caused tire treads to separate while the vehicle was being operated. When tire separation occurred on Ford’s Explorer model vehicle, the result was improper maneuvering and accidents in which serious injuries resulted. 

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