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
- Texting distracts movement even when not on wheels
Distracted driving isn’t the only transportation danger posed by texting, as distracted walking can result in harm as well. Some media reports indicate a rise in texting while biking even. What people don’t seem to realize is that walking with eyes on one’s phone and not on their surroundings can get them seriously injured or killed. We’re all familiar with the woman who went viral in a video after she walked and fell into a fountain in the middle of a mall while texting. Such stories are in the media everyday: people walking into moving traffic, fountains, walls, creeks, lakes, […]
- Cop pulls over distracted driver, only to get hit by another texting driver
In a tale almost too bizarre to comprehend, an Oregon motorcycle police officer pulled over a driver for texting while driving on the Interstate, when a van ran into him from behind and ejected him from his motorcycle. The 55-year-old van driver wasn’t paying attention to where he was going because he was using his cellphone. The 41-year-old trooper was taken to the nearest medical center for treatment and listed in stable condition. This is the ultimate graphic example of the dangers of distracted driving, and highlights the difficulties of enforcing such a law at the grassroots law enforcement level. […]
- Older bikers do not have the same reflexes as they did when they were younger
Statistics on motorcycle deaths are beginning to show an increase in the number of older riders meeting their deaths while biking. Daily, more than 12 people die in motorcycle accidents. A constantly growing portion of those killed are from the baby boomer generation. It’s not that they don’t have the experience. They do. However, their reflexes are not what they once were – a simple, yet frustrating part of life. According to the numbers, bikers in the 55 to 64-year-old bracket accounted for 16.3 percent of fatalities in 2013 and 17.2 percent in 2012. Why are the death tolls higher […]
- Legislators hope to keep affluent circumstances out of courtroom sentencing
For months the media have doggedly generated headlines from the case of Ethan Couch. In December 2013, the Texas teen pled guilty to drinking and driving, and killing four people, using the affluenza defense of being swaddled into not being responsible for any of his actions during his upbringing. Texas lawmakers disagree with the validation of this fabricated disease, and want to ban the defense from ever being used in court again. State representatives feel the decision was not only fundamentally flawed, but an insult to the criminal justice system. James White, a state representative from southeast Texas, introduced a […]
- Texas House Bill 80 asking for a statewide ban on texting while driving
The bill, otherwise referred to as the Alex Brown Memorial Act, aims to bring a statewide ban on texting while driving into law. The bill got its name from Alex Brown, a young woman who lost her life texting while behind the wheel of a vehicle. Brown was involved in a single vehicle crash on her way to school. Figures released by the TxDOT indicate that driver distraction causes about one in five accidents in The Lone Star State. In 2013 alone, there were 95,267 accidents with 507 deaths reported and 19,994 serious injuries recorded. According to insurance statistics, texting […]