Recently, a father and son were killed in San Antonio after a motorcycle crash. Both were thrown from their vehicle after they missed a curve and struck a concrete wall. Law enforcement had very little information about the cause of the accident, though speeding appears to have played a role. If you are unfortunate enough to lose a loved one in a motorcycle accident, it is important to know that you have options in terms of seeking compensation.
Single-Vehicle Accidents Can Be Caused By Someone Else
One of the most important things to keep in mind if you have been in a single-vehicle accident is that another person may have played a role in the crash occurring. A single-vehicle crash is one where the damage is confined to a single-vehicle – not a crash in which only one vehicle played a role. Depending on the specific situation you find yourself in, it is very possible that another driver or an outside actor might be held liable for your injuries.
Some of the most common instances where you might not be liable (or might only be partially liable) for your accident include if your vehicle malfunctions, or if you have to take evasive action to avoid another vehicle – for example, if someone swerves into your lane and you need to quickly swerve away to avoid an accident. In some cases, the government may have maintained a road so poorly that it played a role in your accident – though filing suit against a governmental entity does raise sovereign immunity issues. Either way, these events may mean you can hold another person liable for your injuries.
If you are unfortunate enough to lose someone in a motorcycle accident, you may be able to file suit for wrongful death if there is evidence that another actor played a role – for example, if there are witness statements or video of the incident. Filing a wrongful death suit in Texas is often straightforward; the relevant statute states that someone is liable if their “wrongful act, negligence, carelessness, unskillfulness, or default” was the direct cause of the deceased person’s injury, and no other intervening cause played any role.
Be advised that only parents, spouses, and children of the deceased person (or the personal representative of the estate) can file suit for wrongful death in Texas; unfortunately, the way the law is written currently holds that other familial relationships are not close enough to merit recovery. If you are able to file suit, you may be able to recover both for loss of the deceased’s support and services, as well as for your own pain and suffering. It is crucial to have the evidence to support a claim of wrongful death, but it may not be as hard to discover as the average person believes.
Contact a New Braunfels Wrongful Death Attorney
While as of this writing, there does not appear to be any kind of suit being filed by the family of the deceased, this may not be the case for you and yours. If you or a loved one has been injured in a motorcycle accident, or if you have lost someone you love, the skilled New Braunfels wrongful death attorneys at the Bettersworth Law Firm are ready and willing to try and help. Contact our offices today at 888-392-0039 for a free consultation.