How Our McAllen Motorcycle Accident Lawyers will Fight the Bias Against Motorcyclists to Establish the Defendant’s Negligence
Despite being vulnerable road users, motorcyclists in McAllen, TX frequently face unjust assumptions about their driving behavior and liability in accidents. Bias against motorcyclists stems from stereotypes perpetuated by societal perceptions and misconceptions. Motorcyclists are often unfairly viewed as reckless or liable by default, regardless of the circumstances of the accident. This bias can significantly impact the outcome of a motorcycle accident case.
At Tijerina Legal Group, our McAllen motorcycle accident lawyers recognize and combat this bias head-on via the following steps:
Thorough Investigation
Our McAllen motorcycle accident attorney team conducts a comprehensive investigation into the circumstances surrounding the accident. We gather strong evidence, including photos and videos, witness testimonies, accident reports, and surveillance camera footage to reconstruct the events accurately.
Expert Testimony
We collaborate with accident reconstruction specialists, bike industry experts, motorcycle engineers, and other professionals to provide expert testimony in support of our clients’ claims. These professionals offer valuable insights into the cause of the accident and the extent of our clients’ injuries.
Challenging Misconceptions
We challenge biased assumptions and misconceptions about motorcyclists through compelling arguments and evidence-based reasoning. By highlighting evidence related to the dangerous or reckless actions of other motorists, we demonstrate the defendant’s negligence and refute unfounded accusations against our clients.
Demonstrating Legal Responsibility
Our McAllen motorcycle crash attorney team critically examines the defendant’s actions leading up to the accident to establish legal responsibility. We will prove how their negligence, such as speeding, drowsy driving, distracted driving, or failure to yield, directly contributed to the collision and our clients’ injuries.
Advocating for Maximum Compensation
With a thorough understanding of our clients’ damages, including medical expenses, lost wages, pain and suffering, and other losses, our motorcycle accident lawyer in McAllen will advocate vigorously for maximum compensation. We leverage our negotiation skills and trial readiness to pursue the largest possible damages on behalf of injured motorcyclists.
How Our McAllen Motorcycle Accident Attorneys Establish Your Injury Claim if You were Not Wearing a Helmet
Our McAllen motorcycle accident attorneys are prepared to present compelling arguments to demonstrate that not wearing a helmet by a motorcyclist, especially when it is legal under Texas motorcycle laws for individuals 21 years or older, has no correlation with the defendant’s negligence. Here are the key arguments we will use:
Legal Compliance
Our McAllen bike lawyers will emphasize that the motorcyclist was acting within their legal rights by not wearing a helmet, as permitted by Texas motorcycle laws for individuals who meet the age requirement. Therefore, the absence of a helmet does not automatically imply negligence on the part of the motorcyclist.
Causation vs. Contributory Negligence
We will differentiate between causation and contributory negligence, highlighting that the defendant’s actions or omissions directly caused the accident, regardless of the motorcyclist’s decision regarding helmet use. We will argue that the defendant’s negligence, such as reckless driving or failure to yield, is the primary factor contributing to the accident, rather than the motorcyclist’s choice to forego a helmet.
Focus on the Defendant’s Actions
Our motorcycle crash attorneys in McAllen will shift the focus onto the defendant’s actions and behavior leading up to the accident. We will scrutinize factors such as speeding, distracted driving, failure to signal, or violating traffic laws, demonstrating how these actions directly caused or contributed to the collision, irrespective of the motorcyclist’s helmet usage.
Rebutting Defendant’s Claims
If the defendant attempts to shift blame onto the motorcyclist for not wearing a helmet, we will be prepared to counter such claims effectively. We will highlight that helmet usage does not absolve the defendant of their duty to exercise reasonable care on the road. Our focus will remain on proving the defendant’s negligence as the primary cause of the crash, regardless of the motorcyclist’s helmet choice.
Medical Evidence and Expert Testimony
Our legal team will rely on medical evidence and expert testimony to demonstrate the severity and nature of the injuries sustained by our client. If head injuries or traumatic brain injuries are a factor, we will present compelling evidence to establish the link between the injuries and the defendant’s negligence, regardless of helmet usage.
Legal Precedents and Case Law
Our attorneys will draw upon relevant legal precedents and case law to support our arguments and refute any attempts by the defendant to use a helmet controversy as a defense strategy. We will demonstrate that the law does not impose a duty on motorcyclists to wear helmets in all circumstances and that the defendant’s negligence is the central issue in the case.
Fighting Prejudice and Bias
Our motorcycle accident injury claim lawyers in McAllen will address any prejudice or bias against motorcyclists who choose not to wear helmets, emphasizing that such biases should not influence the determination of negligence in the case. We will assert that all individuals, regardless of their helmet usage, have the right to fair and impartial treatment under the law.
By employing these arguments, our McAllen motorcycle accident attorneys will effectively counter any attempts to attribute the accident solely to the motorcyclist’s decision not to wear a helmet, and instead establish the defendant’s negligence as the primary cause of the injury or wrongful death.
How Our McAllen Motorcycle Accident Lawyers will Prove You Did not Violate the Lane Driving Laws
Lane splitting is illegal in Texas. The Texas Transportation Code requires all motorcyclists to drive within a single lane. Defendants in motorcycle accidents in McAllen may falsely claim that your lane-splitting action contributed to the accident. Our McAllen motorcycle accident lawyers will effectively refute any claims of lane splitting and establish your compliance with lane-driving laws. Here’s how we will do it:
Gather Evidence of Lane Position: We will collect evidence, such as witness statements, photographs, and accident reconstruction reports, to establish your lane position leading up to the accident. This evidence will demonstrate that you were driving within a single lane in accordance with Texas Transportation Code regulations.
Review Traffic Camera Footage: If available, our lawyers obtain footage from nearby traffic cameras to corroborate your lane position at the time of the motorcycle crashes. This visual evidence can be instrumental in refuting any allegations of lane splitting or improper lane usage.
Use Expert Testimony: We will engage accident reconstruction experts who specialize in motorcycle accidents to provide expert testimony regarding your lane position and the dynamics of the accident. These experts can analyze the evidence and provide an unbiased assessment of the circumstances leading up to the collision.
Present Witness Testimonies: Our attorneys will interview eyewitnesses who were present at the scene of the accident to gather their testimonies regarding your lane position and behavior leading up to the collision. Their accounts can provide valuable insights and corroborate your adherence to lane driving laws.
Documentation of Traffic Conditions: We will examine factors such as traffic congestion, road conditions, and visibility at the time of the accident to provide context for your lane positioning. This documentation can help establish that lane splitting was neither necessary nor a contributing factor to the collision.
Legal Arguments: Our legal team will develop persuasive arguments based on Texas law to demonstrate that lane splitting did not occur and that you were driving responsibly within the confines of a single lane. We will highlight the absence of any evidence supporting allegations of lane splitting and emphasize the defendant’s negligence as the primary cause of the accident.
