A 25-year-old oil field worker who was driving a motorcycle died after his motorcycle collided with a pickup truck on U.S. Highway 183 in Gonzales County, Texas. The driver of the motorcycle was reportedly traveling south on the federal highway near County Road 197 around 4 o’clock in the afternoon when a 2009 Chevrolet pickup truck pulled out of a private driveway.
The motorcycle struck the side of the pickup truck. The driver of the motorcycle was not wearing a helmet when the motorcycle accident occurred. He was transported to the San Antonio Military Medical Center via helicopter where he later succumbed to his injuries.
The family of the deceased motorcyclist could decide to file a wrongful death lawsuit against the driver of the Chevrolet pickup truck. Their lawsuit could claim that their loved one’s death would not have happened when it did if the driver of the pickup truck had not pulled out onto the federal highway in front of the motorcyclist, causing him to strike the truck. If the family does decide to file a lawsuit, they could receive compensation for their family member’s death that could help them pay for his funeral costs and medical expenses. They could also receive compensation for his lost earning potential.
Personal injury lawyers might be able to assist the family in filing their claim if they decide to do so. Texas is a modified comparative fault state that follows the 51% rule, which means that as long as the plaintiff is not determined to be more than 50% at fault for the accident, then damages can be recovered. A personal injury lawyer might be able to help the family present evidence proving that their loved one was not more than half at fault for the accident.
Source: Victoria Advocate, “Motorcycle crash kills Victoria man in Gonzales County“, June 07, 2013