Accidents are a broad category of incidents that may result in personal injuries or property damage. Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress. Property damage refers to damage to any kind of real property (real estate) or personal property (all property that is not real estate).
Accidents usually refer to incidents caused by someone else’s negligence rather than by their intentional act. Claims for personal injuries or property damage resulting from an accident or negligent act of another person or entity may create legal liability if the person injured in the accident can prove another person or entity breached their duty of ordinary care in the activity that led to the accident (driving a motor vehicle, for example) and that negligence or breach of the duty of ordinary care caused personal injuries or property damage to the claimant.
Legal claims for personal injuries and property damage resulting from motorcycle accidents are primarily a matter of state law and may be located (1) in the state’s court opinions—also known as cases, case law, or common law—such as for the elements of a negligence claim; or (2) in the state’s statutes when the state legislature has defined the standards for the safe operation of motor vehicles (including motorcycles) on public roadways—such as statutes that prohibit the operation of a motor vehicle without a license or while intoxicated.
If the operator of a motor vehicle violates a statute by speeding, failing to yield a right of way, or operating a motor vehicle under the influence of alcohol or drugs (DUI/DWI), for example, and the violation of the statute is the primary (proximate) cause of another person’s personal injuries or property damage (the operator or passenger on a motorcycle, for example), the mere violation of the statute may be negligence—known as negligence per se (pronounced “Pur-say”).
In that case, the person or persons who suffered personal injuries or property damage may not have to prove the motor vehicle operator was negligent in any other way to prove the operator’s liability for the accident.
In Texas, accidents that result in personal injuries or property damage due to someone else's negligence can lead to legal liability. To establish a claim, the injured party must demonstrate that the at-fault party breached their duty of ordinary care, such as adhering to traffic laws while driving, and that this breach caused the injury or damage. Texas law, including both case law and statutes, governs claims for personal injuries and property damage from accidents, including motorcycle accidents. For instance, if a motor vehicle operator violates traffic laws by speeding, failing to yield, or driving under the influence (DUI/DWI), and this leads to an accident causing injury or damage, this violation may constitute 'negligence per se.' This means that the injured party may not need to provide additional proof of negligence to establish the operator's liability. It's important for individuals involved in such accidents to consult with an attorney to understand their rights and the specific legal standards that apply to their case.
