Austin, TX (Law Firm Newswire) November 17, 2011 – People do not seem to understand that speed and inattention can kill. It did in this case.
“This reported case was particularly awful,” explained Robert W. Lee, an Austin personal injury attorney of The Lee Law Firm. “Not just because a semi rear-ended the two riders on a motorcycle, but because both were ejected off the bike and the woman landed in the travel lane of the highway where she was run over by the same truck that rear-ended them.”
This was one accident scene that really bothered many of the seasoned emergency personnel. It was an accident that did not need to happen. The trucker was speeding as many motorists do on that particular stretch of highway, but unfortunately one person ended up dead and another is in the hospital with life-threatening injuries.
The facts of this case showed that a husband and wife were riding on their motorcycle, westbound on the highway, when they were hit from behind by a semi tractor trailer. Both riders were ejected. The male was thrown onto the shoulder of the road. The female landed in the travel lane, right in front of the big rig that hit the bike. She got run over and was pronounced dead at the scene.
The woman’s husband raced to hospital and found her in critical condition. The initial police report indicated that the trucker was at fault for speeding and driving without due care and attention. The 60-year-old trucker did not sustain any injuries in the accident.
“Evidently the stretch of highway where the accident happened is notorious for serious accidents. There had been one just prior to this where a woman rolled her vehicle after losing control because of speeding. She was ejected and paralyzed, and will spend the rest of her life on a ventilator. The other accident in the same area involved a car and motorcycle, where the car ran the biker off the road. He was thrown into a metal cable next to the road and cut in half,” Lee recounted.
Despite aggressive traffic enforcement by the local sheriff’s department, accidents were more often the norm than an exception in that area, and the main cause of most of them was speeding. “Does the surviving biker, and his family, have a personal injury claim in this case? Yes, they most certainly do. The male may file a wrongful death lawsuit on behalf of his wife, and he may also file a personal injury lawsuit to recover compensation for his severe injuries, medical bills, therapy and other expenses he may face over the course of the remainder of his life,” advised Lee.
“It is worth noting that in some cases like this, if the facts point to really reckless and negligent behavior, such as speeding and not paying attention, the courts may award punitive damages. This is something to discuss with legal counsel, in order to understand what you may face when filing a lawsuit. If you need help to get compensation for an accident that you have been in, please, call me. Let’s talk,” Austin personal injury lawyer Lee suggested.
The Lee Law Firm
11824 Jollyville Road, Suite 302
Austin, Texas 78759