Published by J.A. Davis & Associates – San Antonio / McAllen Personal Injury Lawyers – Motorcycle Accidents
Motorcycle Accidents in Texas that Result in Fatalities
A fatal motorcycle accident in Texas occurs every day, according to the Texas Department of Transportation. This is a sad enough fact taken at face value, but when you realize that every day in Texas, a family suffers the tragic loss of a beloved family member due to a motorcycle accident, that only compounds the sobering nature of that statistic. The motorcycle accident attorneys with our law firm can help you and your family if you have experienced such a tragedy. We can immediately launch a thorough investigation of the accident scene in order to uncover the truth and let you know not only how the accident occurred, but also who is to blame. We can ensure that all responsible parties whose negligent actions played some kind of role in the accident that robbed you of your loved one are identified and brought to justice. In the event that a liable party’s negligence causes the death of a motorcyclist, the deceased’s surviving family members can file a wrongful death civil lawsuit against that liable party (or parties) to seek just compensation for both wrongful death damages and survival damages.
In a lawsuit regarding survival damages, there is only one family member who can seek those damages on behalf of the deceased motorcyclist. That right goes first to the spouse, then children, then parents, then siblings of the victim. In a wrongful death lawsuit, however, multiple family members can try and obtain wrongful death damages in order to obtain restitution for monetary losses the family has incurred due to the death of the family member. Seeking just restitution, however, is not the only purpose for pursuing a wrongful death lawsuit. This pursuit is not only a vital component of a wrongful death lawsuit. It also helps the surviving family members recover the monetary losses experienced due to the motorcycle accident. But such a suit also serves the purpose of holding responsible those parties that caused the accident, and helps ensure that those negligent actions are not repeated, and no other family has to experience this kind of devastating tragedy.
Before a grieving family tries to launch any sort of litigation, we strongly recommend they enlist the help of a seasoned and skilled motorcycle accident lawyer in order for a detailed investigation to be initiated. Such an investigation will delve into the tragedy so that the parties responsible for it can be determined. A grieving family can sue each responsible party for the role it played in either causing the accident outright or contributing to it. The lawyers with our law firm have accumulated two decades of knowledge in the steps that need to be taken in investigating the scene of a motorcycle accident that results in a fatality. We know how to dig deeply enough into the cause of an accident in order to identify every responsible party involved, and hold each of them accountable for their actions. In this way, we can make sure those parties that caused your pain and loss are delivered to justice.
Texas Motorcycle Accidents that Involve Drunk Drivers
Drunk driving accidents that involve a motorcyclist, just as automobile accidents that are caused by a drunk driver, can lead to the filing of a lawsuit against the negligent alcohol-serving establishment that served the patron who caused the accident past the point of intoxication. Dram shop laws in Texas mandate that an establishment that over-serves a customer to the point of that person exceeding a .08 blood alcohol content, or BAC, level, and that customer injures himself, herself or another person, can be held partly responsible for the drunk driving accident. For instance, a plaintiff can launch a first party dram shop cause of action if an intoxicated motorcyclist injures himself or herself by getting in an accident. A third party dram shop cause of action can be pursued if a drunk automobile driver causes an accident. No matter what, if the drunk driver was intoxicated because the alcohol-serving establishment served that driver past the point of intoxication before the accident occurred, an injury victim can sue the alcohol-serving establishment. In the case of a wrongful death occurring as the result of the accident, the same kinds of liability issues apply.
It can be very tough, however, for a legal lay person or an inexperienced lawyer to determine that a person was served past the point of intoxication at an alcohol-serving establishment before causing a drunk motorcycle accident. The lawyers with our law firm have 20 years of experience in dealing with drunk driving accident cases throughout the state of Texas. We are very familiar with dram shop laws in Texas and we know how to hold all liable parties responsible.
Motorcycles that are Defective
Product defects and/or poor maintenance often lead to mechanical failures that cause motorcycle accidents to occur. Usually, recall or service bulletins will suggest minor changes to passenger cars in an effort to correct some type of defect. But, as the old saying that pertains to motorcycles goes, “when something goes wrong on a motorcycle, it goes very wrong.” Motorcycles that are operating properly are precarious enough, and require a fairly substantial effort on the rider’s part just to keep it upright. However, if a mechanical failure occurs, then a motorcycle becomes flat-out dangerous, as a rider can quickly lose control. That rider, should a motorcycle mechanical failure occur, will probably not be able to simply coast to safety.
Motorcycle Product Liability
Motorcycles can be manufactured in a negligent manner. Sometimes a vital part will malfunction under the loads and stresses that accompany their intended use. When a chain breaks, an engine bearing malfunctions, or a brake-proportioning valve fails, the resulting accident can lead to debilitating injuries or death. If a motorcyclist suffers injury or death due to this malfunction, the victim or victims are allowed under the law in Texas to launch a product liability claim against the motorcycle’s manufacturer. In some cases, multiple parties can be defendants in a lawsuit involving product liability. For example, if a manufacturer produces a bike and part like a brake caliper malfunctions, then the manufacturer can obviously be sued. However, so can the retail operation that sold the motorcycle, as well as the supplier of that part. Of course, the amount for which each party will be liable depends on the extent of each party’s negligence.
All litigation involving a motorcycle accident is intricate and complex. This is especially true of product liability claims. If you want to win your case, you cannot base any portion of it on mere speculation – you have to collect and preserve compelling evidence that will prove your case. You can’t just say, for example, that, “the throttle cable broke.” You are the plaintiff in your case, and as such you have to carry the burden of proof. This means, of course, that you must prove that the part failed because of the negligence of the manufacturer. The exact cause of the failure has to be identified, and to do so, a qualified engineer must make a thorough and detailed evaluation. This evaluation will, in conjunction with a report filed by an expert, pinpoint the exact cause of the failure of the part. In addition, the motorcycle and any of its accessories have to be sequestered in a fashion that it can be presented during the trial as evidence.
Many cases that involve product liability claims do not result in success because the plaintiff, or the party that initiated the claim, failed to properly preserve and catalog the evidence that was gathered, and was needed to win their litigation. Someone who has no experience in the law will not have the knowledge needed to correctly follow the procedures of the court. As a result, they will have their case thrown out. Even some lawyers – particularly, inexperienced ones – have problems ensuring that evidence is cataloged and preserved properly. If an inexperienced lawyer has that kind of difficulty, it can be nearly impossible for a legal layperson to handle this critical requirement of a successful case. This is yet another reason why it is absolutely imperative that you have an experienced motorcycle lawyer working on your side in order for you to secure the fair restitution that you deserve.
Misrepresentation of Condition and Motorcycle Maintenance
It is rare, but there are times where professional maintenance shops charged with fixing motorcycles perform sub-standard work, and this can result in an accident that causes a very serious injury. As was previously mentioned, if an automobile develops some kind of mechanical problem, the driver can normally ease the car off the highway and get to a service shop without causing an accident. However, if a motorcycle suffers a mechanical problem while in motion, the result will more than likely be an accident that can cause debilitating injuries, or even death, for the rider and passenger. Simply put, some motorcycle repair shops do a lousy job of hiring their mechanics, and if a mechanic is negligent, that negligence can lead to a devastating accident caused by mechanical failure. If this happens, then the injury victim can bring a claim of negligence against the mechanic shop that performed the dangerously inadequate work.
Sometimes, however, a mechanical problem takes place without any negligence on the part of a repair professional. There are times when a private seller, and sometimes even a motorcycle dealership, will sell a bike knowing very well that the bike is in bad shape and has mechanical problems. There are some dealers, both public and private, who will even go so far as to attempt to hide the fact that a motorcycle is in sad shape. We had one case where a man called us after buying a motorcycle from what he thought was a reputable dealership. However, as he was riding the motorcycle home, he saw that is was acting in an erratic manner. Luckily for him, he was able to get the bike to a repair shop safely, and without being in an accident that could have severely injured him. The mechanic who looked at the bike told the man that a part called the “triple tree” that was located below the cycle’s new fairings had cracked. The man could have suffered a disastrous accident. If that wasn’t bad enough, the radiator was improperly attached. Even worse – and this is particularly galling – the frame of the bike had suffered significant damage, and the dealer tried to hide that damage with body filler and spray paint.
Basically, the motorcycle had been involved in a previous wreck, and the dealership applied some cosmetic touches then misrepresented the bike as being in good shape. Not only is this an obvious and blatant violation of the Deceptive Trade Practices Act, this flawed motorcycle could have not only killed the buyer, but any others that may have been on the road at the same time he was. The buyer could not only sue the dealership for its ridiculous attempt at deception, deception that could lead to punitive damages, but also for negligence in trying to sell an obviously flawed motorcycle.
Sometimes people will find themselves looking at a settlement for a motorcycle accident which can help provide at least a partial measure of security, at least when it comes to financial concerns. Motorcycle lovers love to ride and feel the wind in their face along with the sense of freedom that comes from a motorcycle ride. People will take advantage of the warmer temperatures and hop on their motorcycle for: