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Should a failure to see a motorcycle be a car accident defense?

Every Texas driver is responsible for paying close attention to the road and any other vehicles. Motorcycles tend to be more of a challenge to see because of their size, but that does not excuse a driver in a car accident. Knowing that some vehicles are more difficult to see should only increase the awareness of other drivers. Remaining vigilant of these smaller vehicles, as well as bicycles and pedestrians, should be a priority for every driver, especially in an urban area.

If one driver here in Texas had paid closer attention to the road and the traffic, a motorcycle rider might still be alive. According to reports, the 20-year-old motorcyclist was traveling west on RR 12. At the same time, a vehicle was pulling out onto the roadway from an apartment complex.

The two vehicles collided. The motorcycle rider suffered fatal injuries at the scene. The driver of the car told police that he or she failed to see the smaller vehicle. The investigation closed that portion of the roadway for several hours, and it was not reported whether any charges are being contemplated against the car driver.

Whether officials charge that driver in this fatal car accident does not preclude the family of the Texas State University student who was killed from filing a wrongful death claim against the car driver. The admission to police of failing to see the motorcycle could help establish that the driver’s negligence caused the death of their loved one. Proving negligence could lead to an award of damages to surviving family members, which could provide them with restitution, closure and justice on behalf of the victim.

Source: kxan.com, “Texas State student killed in motorcycle crash“, Andy Jechow, Jan. 19, 2017