Early in July, a motorcyclist was killed in a crash that occurred on I-35 in New Braunfels. According to a news report published by KVUE ABC, a pickup truck and New Braunfels fire truck were involved in a minor accident earlier that morning. Both vehicles pulled to the shoulder, however, the fire truck was blocking two lanes of traffic. A 33-year-old Austin woman who was driving a Honda CRV swerved to avoid the fire truck and came to a complete stop. This is when the motorcyclist slammed into the back of the Honda.
Car Versus Motorcycle Accidents
Motorcycles are thrilling and exciting, often bringing adventures that would not happen in other types of transportation. While this may be true, it is also true that motorcycles are less stable and less visible than automobiles. Motorcycles also often have higher speed capacities than most cars. These reasons, among other factors, contribute to the statistic, according to the National Highway Traffic Safety Administration, that the number of motorcycle deaths is 30 times higher than vehicle accident deaths. Approximately 4,667 motorcyclists were killed in traffic accidents in 2012. Studies show that more than 40 percent of these deaths were involved in single-vehicle crashes; over 50 percent involved multiple vehicles. Ninety-one percent of motorcyclists killed in that same year were male. Moreover, 63 percent of the females who died in these crashes were motorcycle passengers.
Liability Under Texas Law
Texas is an at-fault state. This means that when an car or motorcycle accident occurs, the legal theory of negligence applies when determining who is liable for damages and injuries resulting from the collision. Under this theory, in order to be successful a plaintiff must establish 1) that the accused failed to exercise the care of a reasonably prudent person, 2) the failure was the actual and legal cause of both the accident and, 3) the injuries suffered.
The state mandates that motorcycle drivers have insurance – a factor a Texas court will likely take into consideration, should the case go to trial, if one or more the parties did not have this coverage at the time of the crash. The minimum required insurance amounts imposed by the state include:
- Bodily injury liability, one person: $30,000;
- Bodily injury liability, all persons, one accident: $60,000; and
- Property damage liability: $25,000.
Texas motorcyclists are protected by the law against negligent drivers. Monetary compensation may be sought for damage incurred to property and person, medical bills, lost wages, and other expenses relating to the accident. Damages may also include compensation for pain and suffering, scarring, disfigurement, or even loss of enjoyment of life.
It is important to understand that there is a time frame, known as a statute of limitation, that applies to personal injury cases in Texas. A lawsuit must be filed within two years, otherwise the failure to do so will forever ban the ability to pursue a claim.
Motorcycle Crash Help in New Braunfels
Motorcycle accidents can cause serious injuries and, sometimes, death. The skilled New Braunfels accident attorneys at The Bettersworth Law Firm will fight to seek damages on a victim’s behalf including pain and suffering, medical expenses among others. We have served clients from across Texas for years. Schedule your initial consultation today by contacting (888) 392-0039 today.