Recently, a crash on West Military Drive killed a motorcyclist, who simply seemed to drop away from the two friends he had been riding with. One of the other motorcyclists simply noticed the victim disappear, and found his body approximately one half-mile back from where they had stopped. Medical personnel were summoned, but the victim was pronounced deceased at the scene. As of this writing, the cause of death was not determined, but motorcycle accidents are more likely to be deadly than standard vehicle crashes, and if you have been involved in one, your injuries are likely to be severe.
Motorcycling is an extremely common hobby in the United States, with Texas being in the top five for the number of motorcycles registered in the state. However, with the increased number of motorcyclists on Texas roads in addition to other traffic, this does mean that more accidents occur. When they do, motorcyclists very often get the proverbial short end of the stick – their relative lack of protection compared to passengers in vehicles means that they die approximately 28 times more often.
The sheer lack of protection for motorcyclists (leather and padding being all that is between a cyclist and the road) is a big factor in the number of injuries and deaths, but there are others. Sometimes motorcyclists do play a role in their own injuries – for example, law enforcement suspects that the victim of the West Military Drive crash was not wearing a helmet – but other times, auto drivers’ distraction and negligence, such as failing to check one’s mirrors before merging, can lead to cyclist injuries.
Criteria and Damages
If you believe that your motorcycle accident happened due to another person’s negligence, you may be able to file a personal injury lawsuit against them to try and recover your damages. Some types of damages that may be recoverable include not only medical bills, but also lost wages, pain and suffering, and loss of quality of life. In extremely rare cases, punitive damages may be obtainable, but this is very difficult to get in Texas – the law states that gross negligence or malice has to be shown on the part of the defendant, and it is just too difficult to establish that for most defendants.
There are four criteria that you must be able to show in order to prevail at trial: you must show that the defendant had a duty to exercise reasonable care toward the plaintiff and that they breached that duty. You must also show that the breach of that duty was the direct cause of the plaintiff’s injuries – that is, there are no other superseding causes that played a role. In Texas, each motorist owes all other motorists (and motorcycles) a duty to exercise reasonable care when driving, and failure to do that opens someone to presumptions of negligence in almost every case.
Contact a New Braunfels Motorcycle Accident Attorney
While we may never discover the cause of death for the West Military Drive crash victim, your motorcycle accident may be very different. The dedicated New Braunfels motorcycle accident lawyers at the Bettersworth Law Firm are well versed in these types of cases and will provide dedicated representation so that you can focus on getting back on your feet. Contact us today at 888-392-0039 for a free consultation.