Texas – September 10, 2020

One  motorcyclist died at the crash scene, and another was taken to the hospital with serious injuries after a three vehicle crash involving a pickup truck and two motorcycles in Smith County. According to the Texas Department of Public Safety, the accident happened on Farm-to-Market Road 850, just east of Chapel Hill. Two motorcycles were legally attempting to pass a truck on the left, heading eastbound when the truck attempted to make a turn into a private drive, hitting them both.

Increased risk of death.

Motorcyclists involved in accidents result in death 28 times more often than drivers of  passenger vehicles according to the Governors Highway Safety Association.  The size contrast between motorcycles and trucks yields high levels of damage to property, and causes catastrophic injury, and death when accidents occur. Trucks fall into two classes, those weighing 10,000 pounds or less, and those weighing more than 10,000 pounds, which may move them to the Commercial Motor Vehicle category and change some of the laws regarding damage compensation for victims, and their families in the case of a wrongful death. A motorcyclist is no match for even the smaller of the two classes at 10,000 pounds.  Accident victims should always call the police when an injury, or fatality occurs, the vehicle cannot move, a driver has no insurance, a driver leaves the scene, or a driver is operating a vehicle under the influence.

Texas insurance.

Texas is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident.  Jury awards and settlements are based on the degree of fault proven by a truck accident lawyer to cause the injuries sustained.  Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages in a Texas personal injury claim, but if fault is more than 51% for the accident, victim will not be able to recover compensation for accident expenses.

Damages and filing action.

Damages for personal injury and wrongful death claims include related medical bills, lost wages, property replacement, funeral expenses when applicable, and pain and suffering. Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  An accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages after a multi-vehicle accident involving a truck.

Hire a lawyer.

Seek legal counsel from an experienced professional attorney who is knowledgeable on case building utilizing specific driver regulations. The Cooper Law Firm has the resources to determine the percentage of fault applied to each driver after reviewing police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident so they can move forward to a proper settlement in cases involving trucks.

 

Cooper Law Firm

Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://www.fmcsa.dot.gov/

https://www.ghsa.org/resources/spotlight-motorcyclists18

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.cbs19.tv/article/news/local/1-dead-2-injured-after-motorcycles-hit-truck-in-smith-county/501-ff4b51e2-5672-494a-865e-9231fc92f032

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