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Articles Tagged with Motorcycle safety

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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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https://www.texasinjurylawyersblog.com/files/2020/07/Screen-Shot-2020-07-14-at-7.04.30-PM.pngTuesday, July 14, 2020, AUSTIN — On average, one motorcyclist dies every day on Texas roads, and transportation officials are urging Texans to exercise caution and limit distractions while on the road, as traffic increases during the summer months.

The Texas Department of Transportation’s annual Share the Road: Look Twice for Motorcycles” campaign, which is each July, aims to alert drivers to the risks that motorcyclists face and suggests safety precautions motorists can take to protect motorcyclists and themselves. The campaign reminds drivers that motorcycles are small and can be hard to see. In 2019, 412 motorcyclists were killed in Texas and more than 1,800 were seriously injured.

“The six-month period from May through October is the deadliest for motorcycle riders and accounted for 61 percent of motorcycle fatalities in Texas last year,” said TxDOT Executive Director James Bass. “That’s why we are urging drivers to Look Twice for Motorcycles-there’s a life riding on it.”

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