One recent night almost turned deadly for a woman riding a motorcycle near Loop 410 and Culebra Road, when she struck a van leaving a parking lot and sustained serious injuries. She was taken to University Hospital in critical condition, and while law enforcement told the press that no charges are expected to be filed in this specific incident, it is still worth noting that these types of crashes are sadly common. If you are injured in an accident while riding your motorcycle, you can be left with serious injuries, and while the van driver here was blameless, that may not be the case in your crash.
Motorcycling Can Be Dangerous
The most recent available data from the Texas Department of Transportation (TxDOT) estimate that approximately 420 motorcycle drivers and passengers were killed in 2018, which is a drop of around 16 percent from 2017’s numbers. It is also relevant that a lower number of motorcycle riders were not wearing a helmet at the time of their crash – multiple studies show that helmet use can save lives, though Texas law currently makes their wearing optional for anyone over age 21 if they have completed a safety course.
While sometimes, motorcyclists can fail to take safety measures to protect themselves, motorcycling can be dangerous even if a rider is helmeted and obeying all traffic laws. Drivers, unfortunately, do not always share the road very well, with many accidents occurring because an automobile driver fails to watch their blind spots or check before turning. While the van driver in the Culebra Road accident was held blameless, it is very easy to have a situation where fault could be placed on a driver in that position for negligently failing to make sure the road was clear.
If you have been injured after an accident with an automobile, it is important to know what your rights are in terms of seeking compensation. Many people do try to settle out of court, but if you believe that the other driver caused your injuries because they failed to exercise the appropriate level of care, negligence is the appropriate legal theory to pursue in court, and it is the theory most vehicle accident victims use to press their cases.
A court can find that a defendant was negligent if the plaintiff is able to establish three things: that a duty of care was owed toward the plaintiff (in other words, that the defendant had a duty to act with the same amount of care that any reasonable person would use); that they did not do this, creating a ‘breach’ of the ‘duty;’ and that the harm the plaintiff suffered was a direct result of that lack of care. Be advised, however, that in motorcycle cases, it can sometimes be difficult to establish liability because many non-motorcyclists see the mere act of motorcycling as reckless; it is crucial that you have an experienced attorney on your side to argue your case successfully.
Can A New Braunfels Motorcycle Accident Attorney Help You?
While no further information is available on the status of the motorcyclist on Culebra Road, the possibility of this type of crash happening should stay in the mind of anyone who rides a motorcycle in Texas. If you are injured, the skilled New Braunfels motorcycle accident lawyers at the Bettersworth Law Firm will listen to your concerns and try to assist you in determining how best to get the compensation you need to get back on your feet. Contact our office today at 888-392-0039 for a free consultation.