Articles Posted in Motorcycle Accidents

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How do you know if you have a personal injury claim? You can suffer personal injuries when injured physically, psychologically, or emotionally usually due to negligence, carelessness, or wrongful conduct of another individual. It’s typically the case that when an individual files a personal injury claim, they or someone they love sustained injuries due to another’s negligent actions. 

Because personal injury law covers a vast amount of different situations, it’s extremely important for you to consult with an experienced lawyer if you believe you have a personal injury claim. For instance, you are potentially at risk of suffering personal injuries in situations such as automobile accidents, trucking accidents, dog bites, motorcycle accidents, and many others.  

Given this information, you need to seek professional legal advice from an experienced lawyer to know if you have a personal injury claim. A personal injury attorney will aim to determine who is responsible for the injury or death. They then evaluate the legal issues applicable in a particular situation and determine which course of action is best for their clients. If required, they will file a personal injury lawsuit on behalf of those injured. They take these steps in order to protect the injured party’s rights and ensure proper compensation is received.

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car-crash-cartoon-pictures-19-300x210Car accidents are a headache to deal with. Texas hit and run accidents, however, can cause a headache and then some. Because the other driver has run off after an accident, you may now be stuck paying for any damage incurred from your vehicle and any medical expenses that you may rack up if you have been injured. Since hit and run accidents can often have devastating consequences, it is crucial that those who are responsible are held accountable, whenever possible.

According to a recent news report, a local hit and run accident left a motorcyclist dead. Based on law enforcement reports, constables say there were two separate accidents. First, a car turned in front of a motorcycle going in the opposite direction, which struck and killed the motorcyclist. Following this initial accident, debris left behind from the crash caused a hit and run crash involving two more vehicles, and an SUV involved in the second crash fled the scene. According to local authorities, it is unclear whether any charges will be filed following this collision.

In Texas, hit and run accident laws are strictly enforced. Depending on the severity of physical damage or injuries incurred during the collision, it can result in either a felony or misdemeanor conviction and is considered a crime.

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CS-San-Antonio-27-300x150In a typical car accident involving just two vehicles, it can be challenging to determine who was actually at fault. However, in collisions with several vehicles, resulting in multiple accidents, it can be even messier to determine how the accident started, who hit who, and what actually happened. In these Texas chain-reaction car accidents, it is crucial that accident victims have an experienced attorney in their corner to help them pursue the compensation they deserve.

According to a recent news report, a young man was killed in an accident when he laid down his motorcycle to avoid hitting a stopped car on the road. Local authorities stated that the motorcyclist was coming up a hill when he noticed a long line of stalled cars in front of him. When two vehicles that were ahead of the young man swerved out of the way to avoid crashing into the line of stalled cars, it caused the motorcyclist to lay down his bike and crash into the back of a stopped car. Although he was wearing a helmet, authorities reported that the motorcyclist did not survive the crash. The incident is still being investigated by local law enforcement, but the crash was likely an accident without criminal conduct involved.

One of the biggest problems in these accidents is that the at-fault party or parties do not have enough insurance coverage to fully compensate a victim for the injuries they suffered as a result of the accident. All Texas drivers must have auto insurance minimums of $30,000 per person and $60,000 per accident for bodily injury liability. Also, drivers are required to have at least $25,000 in coverage for property damage.

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https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-13-at-2.06.13-PM-300x146.png https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-13-at-2.05.52-PM.pngWith thousands of miles of beautiful natural sights surrounding Texas’s open roads, it’s no surprise that motorcycles are so popular in the state. Motorcycles, however, can often pose a number of unique risks on the road. Drivers of passenger vehicles can often have trouble seeing motorcycles because of their smaller size, or they can easily get caught in a vehicle’s blind spot. Thus, before anyone decides to purchase a motorcycle, they must understand the risks involved. In many Texas motorcycle accidents, the cause of the collision is entirely beyond the motorcyclist’s control.

According to a recent news report, a local Texas high school teacher was killed in a hit-and-run motorcycle accident. The victim was found dead at the scene after the motorcycle he was riding was hit by a car. Local authorities assumed that the responsible party had been driving north and crossed lanes and collided with the victim then, but further investigation showed that the responsible party was backing his car out of a ditch when he hit the motorcycle and knocked the victim off his bike. When the victim fell off his motorcycle, he was thrown into the roadway and struck by a pickup truck. Local authorities are still investigating the details surrounding the accident but have identified the responsible party after he fled the scene.

Based on recent data from the Texas Department of Transportation, more than 400 motorcycle drivers passed away in motorcycle accidents in 2018, and over 900 suffered significant injuries. Motorcycle accidents in Texas also differ from how regular passenger vehicle accidents are handled and differ in possible financial compensation and damages available to victims. Because of how complex Texas motorcycle accidents and motorcycle-related laws can be, it is of the utmost importance that potential plaintiffs hire the most experienced representation possible to navigate the legal system with ease.

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pexels-alexas-fotos-2156246-300x196Many people prefer motorcycles to cars because of the freedom associated with whizzing down the road. In addition to making your daily commute potentially easier and more fun, motorcycles can also offer an increased sense of mobility. However, a certain degree of risk comes with operating a motorcycle – without the steel exterior of a car to protect you on the road, you may be more at risk in the event of a serious accident. When an accident happens unexpectedly, especially if you are riding a motorcycle, the consequences may be drastic.

In a recent news article, local Texas authorities reported that two motorcycle riders were killed in an early morning hit-and-run accident. One of the motorcyclists was a local high school student. Police are still currently investigating the details of the collision and have identified an individual who is suspected to have been involved in the crash.

In Texas, accidents involving motorcycle hit-and-runs can often be complex. Following a hit-and-run accident, it is important to obtain the necessary medical attention. Next, documenting the scene is a crucial step in identifying the person who caused the accident and fled the scene. Taking photographs, writing down everything that you can remember from the accident, and searching for potential witnesses or traffic camera footage could strengthen your claim. If the at-fault party is identified, potential plaintiffs should file their claim as soon as possible because of the two-year statute of limitations in Texas motorcycle accident cases.

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pexels-alexas-fotos-2156246-300x196When a plaintiff brings a Texas personal injury case following a motorcycle accident, various types of evidence are often discussed during the case. Plaintiffs will face all kinds of questions designed to reduce a defendant’s liability. Was either of the parties under the influence of any kind of substance? Did the weather cause slippery or dangerous conditions? Was the victim taking all the necessary safety precautions and wearing a helmet?

In a landmark Texas Supreme Court opinion, the court overturned 40 years of precedent and reversed rules that previously precluded evidence involving a plaintiff’s failure to wear a seat belt. Previously, the court had held that such evidence was inadmissible because it would reduce a claimant’s ability to recover for the injuries they sustained in an accident based on actions that did not contribute to the accident. However, in a change of heart, the court decided that evidence of use or non-use of seat belts would now be admissible for the purpose of apportioning liability in such claims.

Upon further analysis, the Texas Supreme Court’s opinion does not simply or only extend to seat belts. It held that relevant evidence of use or non-use of seat belts, and relevant evidence of the claimant’s pre-occurrence, injury-causing conduct is admissible. Because of the broad nature of pre-occurrence, injury-causing conduct, attorneys may now have the opportunity to submit evidence that motorcycle accident victims suing for damages in civil lawsuits were not taking full safety precautions by choosing not to wear a helmet.

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PASADENA, Texas (Jan 3, 2020)–  A Motorcycle Crash in Pasadena kills one man and lands another in custody. Police said the crash happened around 3:40 a.m. on Genoa Red Bluff Road between Space Center Boulevard and Red Bluff Road. A speeding motorcyclist heading westbound on Genoa Red Bluff T-boned the passenger side of a small, four-door sedan. The impact caused the sedan and motorcycle to spin and catch on fire. The motorcyclist was thrown from his bike and he was pronounced dead at the scene. The driver of the car — 30-year-old Stephen Dario Rodriguez — was transported to a hospital and is expected to survive.

Investigators determined Rodriguez had been driving under the influence and was charged with his third DWI. The victim of the crash has been identified as 24-year-old James Hubbs. The incident is still under investigation.

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Texas is mourning after the untimely deaths of NFL player Cedric Benson and his passenger, a University of Texas graduate. According to news reports the player’s motorcycle collided with a white minivan on an Austin, Texas highway. Witnesses state that good samaritans and bystanders offered assistance before Texas fire and emergency services arrived at the scene. Representatives at the Austin police department said that they would comment after reviewing witness footage of the accident.

Tragic Texas motorcycle accidents are often the result of some wrongdoing, and the victims and their families are entitled to recourse. Under the Texas Wrongful Death Statute, plaintiffs can assert a claim if the death was a result of the “wrongful act, neglect, carelessness, unskillfulness” of an individual or entity. Some common instances where a wrongful death lawsuit may be appropriate are in drunk or distracted driving accidents, truck accidents, motorcycle accidents, and medical malpractice cases. Filing this type of claim is appropriate regardless of whether the state pursues criminal charges against the culpable party.

Texas law only permits specific individuals to commence a wrongful death statute on behalf of their loved one. Parents, spouses and children of the deceased individual may file a wrongful death claim. These parties can file the lawsuit individually or as a group. Texas considers adult and fully adopted children eligible to file a wrongful death lawsuit. Children that are fully and legally adopted may not file a wrongful death lawsuit on behalf of their biological parent. Unfortunately, Texas law does not permit siblings to file a wrongful death claim.

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The state’s high court recently ruled in a Texas personal injury case involving the notice requirements in lawsuits against government entities. According to the court’s opinion, two individuals were riding on a motorcycle when they hit a large mound of dirt on an unlit asphalt road in Killeen, Texas. While both driver and passenger initially survived the crash, they ultimately died as a result of their injuries. The accident victims’ relatives sued the city, claiming that the mound of dirt was a “special defect” for which the city was responsible. The city argued that the plaintiffs failed to give formal notice of the claim, as required under the Texas Tort Claims Act. In response, the plaintiffs argued that the city already had actual notice of the claim and therefore the plaintiffs should be excused from providing additional notice.

Under section 101.101(a) of the Texas Tort Claims Act, a claimant must provide a government entity with notice of a claim against it within six months of the “incident giving rise to the claim.” The notice must describe the incident, the time and place where the incident occurred, and the damage or injury that resulted. However, under section 101.101(c), a claimant does not need to provide notice if the governmental entity has “actual notice” that the claimant was injured, the claimant’s property was damaged, or that a death has occurred.

In a 2004 Texas Supreme Court case, the court held in order to have actual notice, the government must be subjectively aware of its alleged fault in the resulting death, injury, or property damage. The plaintiffs argued that the case should be overturned because this requirement was not part of the statute. However, the court declined to overturn its previous decision, and held that in this case, the city had actual notice.

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In late June, seven motorcyclists were killed and four seriously injured in a tragic accident that occurred when a pickup truck inexplicably veered out of its lane and into oncoming traffic, crashing into a group of ten motorcycles. Since the fatal accident, reports have surfaced indicating that the driver of the pickup truck involved in that fatal collision was also involved in a number of other incidents, including a Texas truck accident a few weeks earlier.

According to a local news report, on June 3, 2019, just three weeks before the fatal motorcycle accident, police responded to reports of a crash on Interstate 10 in Baytown. When they arrived, officers found a red Mack truck rolled over onto its side. The driver of the truck told police that another motorist cut him off, and that he lost control of the truck when he attempted to avoid a collision. Police officers were unable to locate any sign of the other vehicle, but did not cite or arrest the truck driver because there was no indication of intoxication or any other wrongdoing. However, the man was fired after this incident.

After looking into the man’s record more closely, reporters discovered that he was arrested back in February of 2019 for possession of a crack pipe. The man was placed on a deferment, meaning that the charges would be dropped if he stayed out of trouble. Just a week before the fatal motorcycle accident, the charges were dropped.

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