How the Change in Motorcycle Inspection Obligations Can Impact Liability After an Accident

Up until last year, Texas required all motorcycle owners to come in for an annual safety inspection before the bike’s registration could be renewed. Now that the legal requirement is gone. But many other requirements remain, and it is important to be aware of those obligations. For starters, vehicle owners are still obligated to pay the inspection fee even though they don’t need to undergo an inspection.

But even more importantly, Texas law still requires motorcycle owners to ensure their vehicles are safe to operate before riding them on the road. If they don’t, they could risk losing far more than the $7.50 inspection fee.

Your Duty of Care as a Motorcycle Owner

The owners of motorcycles and other vehicles, such as cars and trucks, have a duty to keep their vehicles in a safe operating condition before taking them out on the road. This includes making sure that brakes function properly, that tires have appropriate tread, and that headlights, taillights, and turn signals work. 

When someone allows their vehicle on the road, knowing it has problems that could be dangerous, such as bald tires or failing brakes, the vehicle owner could be held liable for negligence if those problems cause a collision. So, even though Texas no longer has safety stations checking bike components, the owner still has an obligation to ensure those components work.

Comparative Negligence and Proportionate Responsibility in Texas

Someone is legally negligent when they don’t do something they should have done, or they do something they should not have done, and the action causes harm to others. For instance, if a car driver changes lanes without looking and hits a motorcycle, the driver acted irresponsibly, causing harm, so the driver could be found legally negligent in court. Then the driver (or their insurance company) would be required to pay compensation for damage occurring to the bike and injuries to the rider.

In many accident cases, more than one person acts negligently. One driver might change lanes without signaling, while another driver is speeding, and they both collide as a result of their combined irresponsible actions. In that case, the court will usually consider all the factors that contributed to cause the accident and assign a share of blame to each factor and the person responsible for that factor. Their negligence is compared.

When someone who contributed to the cause of an accident was also injured, an attorney may be able to help the injured person seek compensation from those at fault, depending on the circumstances. If the injured person seeking damages was more than 50% at fault—if more than half the blame belongs to them—then the proportionate responsibility statute in Texas prevents that person from recovering any damages. However, if the injured person was only 10%, 20%, or even 50% at fault, they could still recover compensation from others who were also responsible. The damages the injured person receives would be reduced by a percentage equal to their share of blame. So if they were 10% at fault, their compensation would be reduced by 10% to account for their negligence.

Failure to Maintain Motorcycle Components Could Lead to a Finding of Liability

Texas law treats motorcycles as motor vehicles subject to a range of requirements. Even if the state no longer inspects to ensure the requirements are fulfilled, the requirements remain in effect. Motorcycles must have working headlights, taillights, brakes, tires, steering, and other critical components. If a motorcycle is involved in an accident, insurance companies may try to claim that the motorcyclist was at fault for their own injuries or even the injuries of others because they failed to maintain the required equipment. 

Without records of annual inspections, it may be critical to have records of regular maintenance and repairs to avoid liability. When a motorcycle owner keeps records of work done on the bike, that evidence could show that the owner was not negligent. It might also be used to help prove that the shop that performed maintenance or repairs did the work negligently.

In many motorcycle accident cases, attorneys bring in experts who analyze evidence to determine what caused the accident, and they draw diagrams or build models that show what happened and how it triggered each aspect of the accident. Maintenance often plays a critical role in that analysis.

Protecting Your Rights

Motorcycle owners have rights as well as obligations when they take to the road in Texas. They have the obligation to ensure their bike is safe to operate—and the obligation stands regardless of inspection requirements. But they have the right to share the road with others who also honor their obligations. Other motorists need to be sure their equipment is safe. Moreover, other motorists are required to practice safe driving habits, including an obligation to watch for motorcycles, bicycles, and pedestrians.

If your rights have been violated by another motorist’s negligence and you get hurt as a result, an injury attorney may be able to help you recover compensation for your losses, including your pain and the negative impact it has had on your life.

DeKeyzer Law Understands How to Help Injured Motorcyclists Recover Full Damages

Even when a motorcycle owner does everything right—from maintenance to safe operation—every moment of every day, they can still be injured because of someone else’s negligence. And unfortunately, motorcycle accidents often result in catastrophic injuries. But the insurance company representing the person responsible for the accident will still try to shift the blame and deny responsibility for the injuries. They may argue that a motorcyclist’s lack of maintenance was the main cause of the collision, thereby blocking recovery.

At DeKeyzer Law, we know how to use evidence and arguments effectively to overcome these tactics so that motorcycle accident victims can receive the compensation they deserve. If you or a loved one were hurt in an accident, we invite you to schedule a free consultation to learn about the assistance our team can provide. To get started, just call us at 713-904-4004 or contact us online today.