McAllen is the largest city in Hidalgo County and sits in the Rio Grande Valley near the U.S.-Mexico border. Major routes including I-2, I-69C, and U.S. 83 connect McAllen with nearby communities, creating busy traffic conditions for motorists and motorcyclists.
With year-round warm weather and a growing population, motorcycles are a regular part of McAllen’s roadways. While many motorcycle crashes result from negligent drivers, a rider’s own actions may also contribute to an accident or the severity of resulting injuries.
A rider can share responsibility when their conduct contributes to the crash or resulting harm. Speeding, unsafe lane changes, distracted riding, or violating traffic laws may affect liability, which is why many riders consult a McAllen motorcycle accident lawyer after a crash.
Here are the key situations where a rider may share responsibility for a motorcycle accident:
Table of Contents
Speeding and Excessive Speed
One of the most common reasons a rider may share responsibility is excessive speed. Motorcycles can accelerate quickly, making it tempting for some riders to travel faster than surrounding traffic.
When a rider exceeds the posted speed limit or travels too fast for road conditions, it may become more difficult to stop, react to hazards, or avoid collisions. Even if another driver contributed to the accident, evidence of speeding could result in a finding that the rider bears some responsibility for the crash.
Accident investigators often review skid marks, vehicle damage, witness statements, and electronic data when evaluating whether speed played a role.
Unsafe Lane Changes
Motorcyclists have the same obligation as other drivers to make safe lane changes. Failing to signal, moving into another lane without checking blind spots, or weaving through traffic can increase the risk of an accident.
In some cases, both the rider and another motorist may have contributed to the collision. For example, if a driver fails to yield while a rider is simultaneously making an unsafe maneuver, fault may be shared between the parties.
Determining how much responsibility each person bears often depends on the specific facts of the case.
Distracted Riding
Distracted driving is frequently discussed, but distracted riding can also contribute to motorcycle accidents.
A rider who focuses on a phone, navigation device, or other distraction may fail to notice changing traffic conditions, sudden stops, or roadway hazards. Even a few seconds of inattention can significantly increase the likelihood of a collision.
When evidence shows that distraction affected a rider’s ability to operate the motorcycle safely, it may become a factor in determining liability.
Failure to Follow Traffic Laws
Traffic laws exist to promote safety for everyone on the road. Riders who ignore traffic signals, fail to yield the right-of-way, or violate other traffic regulations may be found partially responsible if an accident occurs.
For instance, a rider who enters an intersection against a traffic signal may share fault even if another driver also acted negligently. Liability is often based on the combined actions of everyone involved rather than the conduct of a single party.
This is why a thorough investigation is essential after any serious motorcycle accident.
Riding Under the Influence
Operating a motorcycle while impaired by alcohol or drugs can significantly affect a rider’s ability to make safe decisions.
Impairment may reduce reaction time, judgment, coordination, and awareness of surrounding traffic conditions. If intoxication contributed to an accident, it could substantially impact both liability and the rider’s ability to recover compensation.
Evidence of impairment is often a major factor in personal injury claims arising from motorcycle crashes.
Not Wearing Proper Safety Equipment
While failing to wear safety equipment does not necessarily cause an accident, it may affect claims involving injury severity.
For example, if a rider suffers a head injury and was not wearing a helmet when legally required, the opposing party may argue that the rider’s actions contributed to the extent of the injuries. Courts and insurance companies sometimes evaluate these circumstances when assessing damages.
The impact of safety equipment on a claim depends on the facts of each case and the applicable law.
How Shared Fault Affects Compensation
Texas follows a modified comparative responsibility system. Under Texas Civil Practice and Remedies Code § 33.001, an injured party may recover damages only if their percentage of responsibility does not exceed 50 percent. If the rider is found partially responsible, compensation may be reduced by that percentage of fault.
For example, if a rider is awarded damages but is determined to be 20 percent responsible for the accident, the recovery may be reduced by 20 percent.
Because fault allocation can have a significant financial impact, proving the facts of the accident is often critical.
Key Takeaways
- A rider may share responsibility for a motorcycle accident if their actions contributed to the crash or resulting injuries.
- Speeding, unsafe lane changes, distracted riding, and traffic law violations are common factors considered in fault determinations.
- Riding under the influence can significantly affect liability and compensation.
- Failure to use required safety equipment may influence claims involving injury severity.
- Texas Civil Practice and Remedies Code § 33.001 limits recovery when an injured party bears more than 50 percent of the responsibility for an accident.
- Shared fault can reduce the amount of compensation available.
- Consulting a McAllen motorcycle accident lawyer can help riders understand how liability issues may affect their personal injury claim.
