This is an accident that should never have happened, but it did, tragically. If the biker had not been hit by another car, he may have survived this devastating accident. This is a case we watched develop and paid attention to the points of law involved in this situation. As Las Vegas personal injury lawyers know, some accidents are not what they seem to be on the surface.
The story goes that a 33-year-old motorcyclist was fatally injured after being ejected from a bike he lost control of while going into a curve. The biker’s trajectory meant he wound up on the other side of the road he was on, facing oncoming traffic. At the moment he was landing, another car turned on to the same street and hit the biker as he lay on the ground.
The 20-year-old driver of the car that hit the biker had no idea where he came from, as he appeared in front of her as she was turning. She had no way to avoid hitting the man who was immediately transported to the nearest hospital in the hopes that he may survive his injuries. Unfortunately, he did not survive them and he died at the hospital.
While this case sounds like an open and shut just plain motorcyclist’s driving error, there are other things going on that need to be considered and would be examined by a Las Vegas personal injury lawyer. For instance, if the biker lost control of his motorcycle because someone was tailgating him and bumped him; if the roads were poorly maintained and he hit an unexpected pothole; or if someone side-swiped him causing him to lose his balance, lost control and be ejected into oncoming traffic. If any of these events were the cause of this accident, the biker’s family may be able to file a wrongful death lawsuit.
What if the young driver of the car that struck and killed the biker was not paying sufficient attention to the road at the time; was texting on a cell phone; making calls while driving; or tuning the radio in the car and would have, but for being distracted, seen the biker and have been able to take evasive action? Again, this seemingly straightforward unavoidable accident may not have happened and the family of the dead biker may be able to seek compensation for his death by filing a wrongful death suit.
While some motorcycle accidents seem to be pretty self-explanatory, that isn’t always the case. This is one of the major reasons why if you have been in an accident like this, you need to talk to a Las Vegas personal injury attorney with experience in this area. Just because the facts seem to say one thing does not mean they are correct, or that they don’t have another interpretation, and that evidence may be found to support the alternative theory of what caused an accident.
Don’t assume that just because the police say one thing that you have no case. Talking to a seasoned Las Vegas personal injury attorney will set you straight one way or another. Make that call today and find out what your rights are in cases like this.
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