Evaluating disputed fault after a Texas motorcycle crash.
You do not lose a claim just because an insurer says you were speeding, riding between lanes or failing to watch traffic. The allegation has to be evaluated against the evidence. In a case covered by Texas Civil Practice and Remedies Code Chapter 33, responsibility above 50 percent bars a claimant’s recovery. If recovery is allowed, the claimant’s share reduces the damages. That makes the facts about each person’s conduct and its contribution to the harm important.
Ask where the percentage came from. A recording of the approach, measurements and an eyewitness account provide something to examine. An estimate based only on how bad the damage looks needs closer scrutiny. Investigate the other driver’s actions too, including a turn, merge or failure to yield. A citation may be relevant without deciding the whole civil case. Helmet use may raise a question about a particular injury, but it cannot explain why a car moved into another lane. Keep those issues distinct.
The same assumed damages can produce very different results:
| Assumed damages | Claimant responsibility | Basic result under Chapter 33 |
|---|---|---|
| $100,000 | 20 percent | $20,000 reduction, before other adjustments |
| $100,000 | 51 percent | Recovery barred in a covered case |
This is a simplified illustration, not a predicted settlement. Other adjustments and allocations among several parties can change the analysis.
Your lawyer needs the full account, even where it hurts the claim. Share your speed estimate and lane position, earlier statements and camera files. Those details allow counsel to test an allegation instead of accepting or dismissing it without evidence. The element chart is in the claims and litigation guide. For related medical and insurance questions, see the motorcycle hub. The Dallas service page provides a way to request a review of your crash. You can also read the text of Chapter 33.
Does exactly 50 percent responsibility bar recovery? No. Section 33.001 bars recovery only above 50 percent. Exactly 50 percent still reduces an otherwise recoverable award; other applicable rules remain relevant.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers