Fatal East Side Motorcycle Wreck; ‘Like A Receipt In The Wind’
A motorcyclist desperately tried to avert a serious collision on the East Side, but the incident was probably unavoidable.
The wreck occurred near the intersections of White and Houston Street. Police say that a motorcycle rider was speeding and unable to avoid a vehicle that turned left directly in front of him, resulting in a T-bone collision. An eyewitness added that the motorcycle rider apparently tried to jump off the bike before striking the car, but he was unable to do so. According to the witness, the rider “hit the car as well, then he went tumbling like a receipt in the wind.”
The motorcyclist was declared dead at the scene; a vehicle passenger was transported to a local hospital with various injuries.
Comparative Fault
In many car crashes, both motorists arguably share responsibility for the crash. For example, in the moments leading to the above incident, the vehicle driver apparently made an illegal turn and the motorcycle rider was allegedly speeding.
Texas is a modified comparative fault state with a 51 percent cutoff. Assume the jury determines that the defendant was 75 percent at fault and the plaintiff was 25 percent responsible. If the damages were $50,000, the plaintiff would be entitled to $37,500 (75 percent). But if the jury divided fault 50/50, the plaintiff would receive nothing, because the defendant must be at least 51 percent liable.
Motorcycle Crashes
As the weather begins to warm and gas prices start to inch back up, there will be more and more motorcycles on South Central Texas streets and highways. Motorcycle riders are twenty-six times more likely to be killed in crashes than vehicle occupants. Some common injuries include:
- Head Injuries: Most riders over 21 are exempt from the helmet law, and even if they are worn, helmets often provide insufficient protection for the forehead and neck.
- Internal Injuries: Vehicle occupants have seatbelts and other restraints to protect them against serious injuries, but motorcycle riders have nothing.
- Blood Loss: Even the fastest first responders can sometimes not arrive on-scene quickly enough to stop massive hemorrhaging from severe injuries.
Victims in these cases may be entitled to compensation for both economic losses, like lost wages, and noneconomic damages, like emotional distress.
If you or a loved one was hurt or killed in a vehicle wreck, contact an experienced New Braunfels personal injury attorney for a free consultation. You have a limited amount of time to act.
Sources:
http://foxsanantonio.com/news/local/motorcyclist-killed-in-accident-on-the-east-side
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.33.htm
http://www.iihs.org/iihs/topics/t/motorcycles/fatalityfacts/motorcycles
