Not All Cars Involved in Collisions with Bikers Remain at the Scene
Austin, TX (Law Firm Newswire) April 16, 2014 – Most people, when involved in an accident, remain at the scene. Some do not.
“Motorcycle and car collisions are usually non-survivable for the biker. They do not have enough protection and usually end up being ejected from their ride. In this particular case, the 46-year-old biker and a white sedan were sharing an exit ramp that split into two lanes,” outlined Bobby Lee of Lee, Gober & Reyna, in Austin, Texas, not involved in this case.
The sedan darted across several white lines into the northbound lane, where the biker and his passenger were travelling, right into their path. They had nowhere else to go. The biker headed for the grass median, but both riders were thrown off. The female passenger survived. The man did not, even though he made it to hospital alive. The nondescript white sedan kept on moving away from the scene and did not stop. The police would need to conduct a search for it with the assistance of the public.
In situations such as this one, negligence is the primary thing an attorney would look for should an accident survivor wish to ask the courts for compensation for their injuries. “Whether the driver in this case ‘saw’ the biker or not, it appears, according to eyewitness testimony, that the driver may have been speeding and making unsafe lane changes without looking. Certainly, they did not stop after the accident,” Lee says.
All vehicles, including bikers, are bound to a standard of due diligence while driving which includes driving with due care and attention to everything going on around them. Driving is considered to be a privilege and not a right. Thus those who get behind the wheel of a vehicle or get on a motorcycle, must pay attention to their surroundings and watch, look, take care and use caution.
In this instance, even if the biker had been taking great care on the roads, it is evident from the fact that the white sedan cut him off, that the driver was not paying attention to other vehicles in the same vicinity. “To leave the scene of an accident that involved a death may mean, once the police find the driver, they could be charged with vehicular manslaughter. The surviving passenger may wish to consider filing a wrongful death, personal injury lawsuit,” Lee points out.
Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
- Driving while distracted? Know the facts.
Distracted driving usually entails texting or calling while behind the wheel. Many people think it’s not a big deal to take a call or answer a message because they are solidly competent drivers when paying attention. Know the facts: Drivers are twice as likely to be involved in an accident while texting. Eleven percent of all drivers under 20 years of age who are involved in a fatal accident were driving distracted. Sixty percent of drivers use mobile devices while driving. Seventy-eight percent of young adults and teens say they read messages while behind the wheel. Seventy-one percent say they […]
- Could MADD plates work in Texas?
South Carolina’s MADD came up with a new way to drive home the message that drunk driving kills – a new special license plate remembering drunk driving victims. In South Carolina alone, drunk driving claimed 358 victims in 2012. That year, more than 10,000 died across the nation. A $20 bill buys the plate, and ten dollars of the initial sale goes to support MADD’s work in the purchaser’s state. Could this work in Texas? No reason why it couldn’t be tried. It’s one more effective, visual, and very mobile campaign to repeat the oft-heard refrain: don’t drink and drive. […]
- Warsaw researchers design a new way to detect alcohol in a moving vehicle
In breaking news, scientists working for the Military University of Technology in Warsaw have developed a laser system able to detect alcohol in moving cars while standing at roadside. The laser detects alcohol vapors, then sends a message, a snapshot of the car and the license plate number to a waiting police officer. The vehicle can then be stopped by law enforcement, and the officer has the opportunity to conduct further traditional roadside alcohol tests. The benefits of such a system are immediately obvious. It would reduce the number of cars that need to be manually checked by police, and […]
- Eighteen-wheelers can cause major, fatal traffic accidents
On a recent Sunday evening, an 18-wheeler found itself stalled on I-35 South at Rittiman Road. As a result, several other vehicles behind the big rig were involved in a chain-reaction crash. There were a number of serious injuries, and the police shut that section of the Interstate down until they could clean up the debris left by the accident and transport injured drivers to various medical facilities for care. A police investigation was launched to determine the exact cause of the accident and to find out whether or not the truck had a mechanical defect that caused it to […]
- Repeat drunk driving offenders are not uncommon
Despite drunk driving campaigns and a series of laws relating to DWIs, repeat drunk driving offenders remain common. James Fisher has been arrested 12 times since 1991 for driving while intoxicated. Fisher’s last arrest took place just after his release from prison for serving time for a 2009 DUI conviction. There are hundreds of cases like this every year. According to the Department of Safety and Homeland Security, 37 percent of the 5,400 individuals arrested for DUI in 2012 were repeat offenders. Many states have extremely strict DWI laws and steep fines, but they have not stopped some people from […]