In an east Texas motorcycle accident, the burden of proof rests on the plaintiff to prove that the defendant’s negligence was the cause of the accident. This requires proof of four elements: duty, breach of duty, causation, and damages. If any of these elements is missing, the plaintiff cannot recover a monetary judgment against the defendant.
Facts of the Case
In a recent case (No. 04-16-00712-CV; Fourth Court of Appeals of Texas), the plaintiffs were the parents of a man who died after he lost control of his motorcycle in December 2013. During the accident, the decedent was thrown off his cycle and hit by three separate vehicles. The plaintiff filed suit against the defendant motorcycle repair shop, alleging that the decedent lost control of the motorcycle because the defendant failed to properly repair the bike when the decedent took it in for repairs a few weeks before the accident.