Recently, a man on a motorcycle ran a red light going north on South General McMullen Drive and then promptly collided with a dark-colored pickup truck. The motorcyclist was taken to University Hospital, where he was later pronounced deceased. While this accident appears to have occurred due to the motorcyclist’s reckless driving, sometimes a motorcyclist can sustain grievous injuries in an accident that is no fault of their own. If you have been in a motorcycle crash and been harmed due to someone else’s negligence, you may be entitled to compensation that can help cover your medical bills.
Motorcyclists Are In Danger on the Open Road
While statistics from the National Highway Traffic Safety Administration (NHTSA) show a drop in the number of motorcyclist fatalities between 2016-2017 (the most recent available data), the number of motorcycle riders killed in accidents in 2017 is still over 5,000 people. This number is proportionally higher than the number of auto passengers killed in crashes – stats estimate that motorcyclists are a whopping 28 times more likely to die in a crash than a passenger car occupant, primarily because motorcyclists simply do not have as much protection between them and the road.
There are, unfortunately, trends that show some motorcyclists add to their own danger on the road. Many do not wear helmets (Texas does not require them for those over 21, but data has shown their ability to save lives), or speed recklessly. Another disturbing trend that also contributes to motorcyclist fatalities is alcohol usage. The NHTSA found that approximately one-fourth of all motorcyclists involved in fatal crashes showed signs of being ‘alcohol-impaired’ – as one might imagine, driving any type of vehicle while intoxicated will cause one’s risk for an accident to skyrocket.
Be Aware Of Your Own Role
Motorcyclists are sometimes seen as reckless by judges and juries who buy into old stereotypes or simply victim blame. More than drivers or passenger car occupants, it is a good idea to be aware of any potential fault on your part, lest a fact finder tries to use it to deny you compensation. It is important to be aware that Texas law allows the plaintiff to be found at fault to some extent before denying recovery – generally, the law of comparative fault holds that if a plaintiff is held to be less than 51 percent culpable for their own injuries, they can still recover – but at the same time, an aggressive defense attorney may try to paint you as the liable party if given an opening.
As long as you are able to establish that the defendant failed to exercise reasonable care (as is required by the Texas Transportation Code) and that their conduct caused you harm, with no intervening cause, you should be able to establish that the driver who hit you was negligent. Having an attorney on your side who understands the nature of motorcycling and the risks faced by riders can help you reach that goal.
Contact a New Braunfels Motorcycle Accident Lawyer
While the unfortunate gentleman on South General McMullen Drive made a mistake and paid for it, your motorcycle accident may leave you in a place where you at least have options. If you have been injured and you believe it was due to someone else’s negligence, contacting a skilled New Braunfels motorcycle accident attorney can help get you on the path toward recovery and compensation. The Bettersworth Law Firm is happy to try and assist you with your case. Call us today at 888-392-0039 to schedule a free consultation.