A 30-year-old man was riding his bike when he hit another vehicle at an intersection last week. Tragically, Da’Ron Miller was the victim of another fatal motorcycle crash here. We have far too many of these deadly crashes. Sadly, 501 people drivers and passengers lost their lives last year according to statistics from the Texas Department of Transportation. The police found that Mr. Miller was to blame. But according to this article in the Star Telegram, there is a heated dispute about whether another driver was at fault.
According to witnesses, Mr. Miller had just left a charity car wash by himself when a woman cut in front of him. The police officers did not interview these people.
Based on the woman’s account, the police said that Mr. Miller was speeding in a group of cyclists and that the crash was 100% his fault.
The investigating officers obviously did not witness the collision (although they were down the street investigating another motorcycle crash). And people sometimes have preconceived ideas about who is at liable, especially when a young man is riding a motorcycle.
The police are now saying that they want to talk to these eyewitnesses. A lawsuit for the wrongful death of Mr. Miller will presumably have to be filed to find out what really happened.
There was a similar motorcycle crash yesterday in Arlington. A 23-year-old man riding his motorcycle on New York Avenue died after a woman in a SUV suddenly cut in front of him.
And on Thursday there was another death arising out of a car accident in Fort Worth that was either caused by road rage or a suicide.
Sometimes it is clear who caused a motorcycle, car, or truck collision, but other times it is not. Crashes happen in the blink of an eye. Legal questions about fault, damages, and payment of damages are common.
There can be more than one reason but the usual causes are the following:
Motorcyclists have the same right to be on the roads as car and truck drivers but of course they must follow all traffic laws. Collisions often happen when other drivers don’t see the motorcyclists or choose to ignore them. The victim of any crash has to right to recover his medical bills, lost wages, disfigurement, and other damages from the driver who is at fault.
A good injury lawyer immediately gets to work to win the case. He and his staff get the police report, inspect his client’s bike, take photographs, measure the scene, and record witness statements. We have gotten the police to block off the road before so that our experts could perform a reenactment of the crash.
One or more drivers can be found to be responsible so it is important that the motorcyclist not be found liable, even partially. Texas uses what is called the modified comparative fault system that allocates the negligence of all parties involved. The motorcyclist can be found to be 20% liable and another driver 80%, which reduces the motorcyclist’s damages by 20%. Occasionally the manufacturer or repair facility of the motorcycle or vehicle or governmental entity that failed to maintain the roadway properly is also liable.
These three crashes remind us just how dangerous our North Texas roads are, not just for motorcyclists but for all drivers.
Our team at Berenson Injury Law unfortunately knows this all too well, having represented thousands of injured people for almost 40 years.
The photo is from a similar case we handled for a man in a disputed intersection crash earlier this year. We resolved our client’s case for the other driver’s insurance policy of $100,000.
Please let us know if you have been injured in any type of collision and want to know how to proceed to recover your damages. Call us at 817-885-8000 (toll-free at 1-888-801-8585) or fill out this form.