A fatal accident took place around 2:00 a.m. on Sunday, when a motorcycle traveling on SW Loop 410 and S. Zarzamora crashed into the back of a pick-up truck. San Antonio Police stated that the impact of the collision threw the driver from his motorcycle, and that he may have been hit by another vehicle after landing on the highway. The motorcyclist was pronounced dead at the scene. The driver of the pick-up truck lost control of the vehicle after impact and crashed into a nearby dividing wall. The driver of the pick-up truck was arrested by San Antonio police on suspicion of driving under the influence of alcohol. Charges have not yet been made, but they are said to be pending.
Determining Liability in Texas Car and Motorcycle Accidents
Texas uses modified comparative negligence to determine fault in vehicle accidents. What this means is that the jury will consider the totality of the circumstances and determine the fault that each driver contributed to causing the harm or damage. In order to recover for your injuries, you must be found to be 50% or less at fault for the accident. If you are found to be less than 50% at fault, you can recover for damages, however, they will be reduced equal to the percentage of fault that you are allocated.
For instance, in a situation where Driver A is driving drunk, swerves from their lane, and collides with Car B, causing $10,000 in damages, Driver A would likely be found to be 100% at fault and all $10,000 in damages would be awarded to Driver B. However, in the same scenario, if Driver B was texting while driving and was serving in and out of their lane, it is a much closer call. In this case, if the jury found Driver B 50% at fault, Driver B could still recover $5,000 (50% of the total damages award) because it is a modified-comparative negligence state. It is important to note that in pure-comparative negligence states, Driver B would be unable to recover any damages in this scenario, as in pure-comparative negligence states, you must be found less liable (not equally liable) to the other driver in order to be awarded damages. For this reason, even if you partially contributed to causing the accident, it can still be beneficial to bring a personal injury claim in Texas.
The Benefits of Bringing a Personal Injury Lawsuit
Bringing a personal injury lawsuit allows you to recover for all expenses related to the accident. The aim of a personal injury lawsuit is to put the victim back in the position they would have been in financially, had the accident never occurred. This can mean compensation for lost wages or reduced earning potential in addition to all medical expenses and costs related to treatment. Additionally, non-tangible damages known as pain and suffering are available to compensate victims for the trauma and non-economic damages caused by the accident.
Schedule a Consultation
If you have been injured in a San Antonio car or motorcycle accident, the experienced personal injury attorneys at the Law Office of Eric Ramos are prepared to zealously advocate on your behalf and determine the best possible path forward to the support and compensation that you deserve. Call today to schedule your free consultation. There is no fee until we win.