${site.data.firmName}${SEMFirmNameAlt}Veron, Bice, Palermo
& Wilson, LLC Land & Soil Contamination : Vehicle Collisions : Personal Injury

Motorcycle accident claim appears likely if video is any gauge

An old proverb goes two wrongs don't make a right. It's on the basis of that concept that enforcement of the law is something that is supposed to be left in the hands of duly appointed authorities. If everyone were to take matters into their own hands whenever they feel like it, it would be anarchy.

This comes to mind in light of a recent motorcycle accident that happened to be caught on video. It didn't occur in Louisiana, but it well could have, so we feel it merits being brought to the attention of our readers.

This crash occurred along a stretch of rural road in Texas. What the visuals show is a motorcycle carrying two people attempting to pass a set of other vehicles on the two-lane road. This is despite a double yellow line indicating that no passing is allowed.

As the motorcycle approaches a white sedan, the car suddenly jogs across the yellow lines and then back again. The two vehicles apparently collide and the motorcycle goes down, throwing its two passengers to the asphalt. When the driver of the car is confronted with the news that he's hit the motorcycle, his response is, "I don't care."

The driver of the motorcycle suffered some road rash and other injuries. His passenger suffered more serious damage requiring surgery.

Very often when accidents like this happen, the excuse often given by the driver of the car is that he or she didn't see the motorcycle. In this case, the driver hasn't made that claim. Rather, he claims he was reacting to having been bitten by a spider.

Police apparently didn't buy that explanation. They've charged the man with two counts of aggravated assault with a deadly weapon.

In a rare jailhouse news conference, the defendant insisted he would never intentionally hurt someone, but he also admitted he's angry at being charged. He says the accident never would have happened if the motorcyclist hadn't been breaking the law.

Perhaps, but what seems apparent is that based on the evidence available, it seems legitimate to question if there wasn't a bit of vigilantism going on. If there was, a claim of recklessness or negligence as part of a personal injury claim might be justified. An experienced attorney would be able to offer an assessment.

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