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Shared fault might factor in recent Texas motorcycle crash

Filing a personal injury suit is one thing. Whether the matter winds up going to trial is another. A lot can happen in the course of things between those two points. Indeed, the latter mark might never be hit. A settlement could be reached before the case gets that far.

One of the factors that can influence how a case progresses may well center on whether a counter-claim of comparative liability can be made by the defendant. That is, can the person from whom compensation and recovery is being sought be able to claim that the plaintiff bears some share of the blame for the accident that caused injury.

This comes starkly to mind in connection with a motorcycle accident case out of Granbury, Texas. You may have seen the video that has gone viral on the Internet. It shows a white car on a two-lane road divided by a double yellow line swerving out its lane and striking a motorcycle as it attempts to pass. The two vehicles collide and the two people on the motorcycle are ejected onto the road. It happened late last month.

A second motorcyclist who had a helmet-cam going at the time captured the whole incident. From the looks of things, it appears as though the accident was intentionally caused by the car's driver. And, in fact, he has been charged with two counts of aggravated assault with a deadly weapon.

In cases such as this, the preponderance of evidence might seem to support a personal injury suit by the motorcyclist couple. However, the driver of the car says he only swerved because an insect bit him and he says that if the motorcyclist hadn't been illegally passing, the accident wouldn't have happened.

If the case makes it to court, a jury could decide that the motorcycle driver was at least partly to blame for the accident. And under Texas law, that comparative liability could reduce any final damage award.

Even a case that seems cut and dried may not be. If you are involved in a motorcycle accident and wonder if you have a case for seeking compensation, consult an attorney to get an opinion and to discuss options.

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