Texas Personal Injury Law Blog

On Thursday, April 15, 2010, a man was killed in a motorcycle accident when he lost control on a Dallas freeway. According to an article on MyFoxDFW, the 31-year-old man had been riding a high-speed performance motorcycle northbound on Stemmons Freeway (I-35E) and lost control on a curve near the Oak Lawn exit. Investigators say that he crashed into the guardrail, causing the Suzuki Hayabusa to roll several times. The man was pronounced dead at the scene. No further information about the accident has been provided.

Suzuki Hayabusa is said to be one of the fastest motorcycles available on the market, being able to reach top speeds of 200 miles. Motorcyclists are 21 times more likely to lose their life in an accident than someone driving a car. Moreover, they are four times more likely to be seriously injured. This is because motorcyclists do not have the same level of protection as a car.

In 2006, nearly 5,000 people were killed in motorcycle accidents. In a study conducted by the University of Southern California and the National Highway Traffic Safety Administration, the prevailing cause of motorcycle accidents is due to a failure to see or recognize motorcycles in traffic. Often times, drivers do not see a motorcyclist until it is too late to avoid collision. This is commonly considered negligence.

Victims in Dallas motorcycle accidents where a driver is deemed negligent are entitled to recover compensations for any financial losses sustained as a result of the accidents. In more serious cases, wrongful death suits may be filed against negligent drivers.

Based on an Associated Press article, the family of a 49-year-old Dallas police officer who was killed after being thrown from his motorcycle in a 2008 incident has filed a wrongful death lawsuit against multiple parties. Reportedly, the officer fell from his bike after hitting a curb and colliding with a guard rail. The suit has been filed against Hillary Rodham Clinton, whom the officer was escorting in a motorcade, the city of Dallas, and the maker of the helmet he was wearing while riding the motorcycle. According to the article discussing the Dallas motorcycle suit, the officer’s widow and children claim that the city of Dallas did not provide him with adequate training for escorting a motorcade, that Clinton and her campaign did not give proper notice for motorcade assistance, and that the helmet he was wearing was flawed. The motorcycle victim’s family is seeking damages that include the loss of monetary support, because the officer was the primary wage earner in the family.

The above case demonstrates the risk that some helmets may be defective due to inaccurate design or an overlooked flaw from the manufacturing process. In addition, even when a motorcyclist correctly wears a helmet that is approved by the Department of Transportation, he or she may endure serious brain injury or even death, depending on vehicle speed and the surrounding elements. Nevertheless, wearing a helmet (and protective clothing and gear) greatly decreases the chance of injury and death for motorcyclists.

Riding a motorcycle can be an enjoyable experience; however, many risks are involved, especially when considering the lack of protection one has against surrounding vehicles and the surfaces of a roadway in the event of a motorcycle collision in Dallas, Texas. The importance of knowing how to operate a motorcycle efficiently and safely cannot be emphasized enough. However, other motorists must remember that they have the responsibility of sharing the road with motorcyclists.