A husband and wife in Eastern Texas recently filed a lawsuit against Harley-Davidson motorcycle manufacturer after a crash that resulted in several broken bones, fractured skulls and severe brain injuries. Motorcycle accident attorneys at Pintas & Mullins Law Firm summarize this case and urge others injured in motorcycle crashes to consider legal action.
The crash occurred on Texas Highway 271, when the plaintiffs, Mark and Pamela Jones, were cut off by a car. This caused Mark to forcibly press on the brakes of his Harley-Davidson Electra Glide Classic for an emergency stop. In their complaint, the couple asserts that the Harley’s wheels locked up during the emergency stop, causing the bike to fishtail and pitch in the opposite direction.
Both Mark and Pamela were thrown off the bike, Mark suffering several broken bones, a skull fracture, and a traumatic brain injury (TBI). Pamela suffered a spleen injury, skull fracture, shattered elbow, and TBI. They are now suing Harley-Davidson for failing to include an anti-lock braking system as a safety feature option.
Harley-Davidson is also accused of failure to warn, defective marketing, negligence, and product liability. The couple is seeking at least $75,000 in damages, including massive medical bills, lost wages, and motorcycle repair costs.
As the weather warms up, many motorcyclists will join traffic on the roadways. Most accidents happen on short trips (less than 5 miles long) and close to home. When crashes occur on highways, injuries can be much more significant and much more likely to be fatal.
One such example recently occurred in Pompano Beach, Florida. In this case, a man was driving his Suzuki motorcycle when he collided with a Dodge Caravan, which was turning left. The motorcycle was found mangled under the van, and the biker was thrown at least 100 feet onto the pavement. Witnesses estimate that the man was going well beyond the posted 45 MPH speed limit, even as fast as 100 MPH.
Much of the allure of motorcycles lies in how vulnerable the rider is to outside elements. In order to feel the wind and get the adrenaline of a ride, however, motorcyclists put themselves at greater risk of serious injury than car and truck drivers. The statistics speak for themselves.
Motorcyclists are 35 times more likely to be in an accident than drivers in a car, increasing the chances of being injured by about one-third. For those that are reluctant to wear helmets, maybe this will change your mind: motorcyclists who do not wear helmets are 40% more likely to die of a head injury in a crash, compared to riders that wear helmets.
Tens of thousands of motorcyclists are injured in auto accidents every year, and thousands more are killed. It is critically important for everyone on the road to follow traffic signals, look before turning, go the posted speed limit, and obey general traffic laws.
No matter how diligent you are about your safety, accidents are sometimes unavoidable, and there are plenty of bad, distracted, drunk, or overly-tired drivers on the road. Because motorcyclists are comparatively small, drivers of cars and trucks often do not see them, which contribute to the vast majority of accidents. Drivers need to remember to always check their blind spots before turning or switching lanes.
While most motorcyclists and drivers understand this, many do not know their legal rights and options after they have been involved in an accident. Most people assume that their insurance will cover all their property damage and medical bills, however, this is often not the case. Insurance companies are in the business to make money, and offer clients the bare minimum, which is insufficient to actually cover the true expenses.
This is why hiring a motorcycle injury lawyer is so important. Calling
an attorney right after the crash occurs is the wisest decision a victim
can make – it protects them not only from vulture insurance companies,
but it insures that they will ultimately receive a fair and full settlement
or verdict. Victims – particularly those injured by negligent drivers
– suffer debilitating, even fatal injuries that result in mounting
medical bills, extensive time away from work, and thousands of dollars
in repairs. The longer a victim waits to call an attorney, the more valuable
time is lost that could be used to build a successful case.
Some are put off from contacting a law firm because they believe they will have to pay excessive fees. At our firm, this couldn’t be further from the truth. We work exclusively on a contingency fee basis instead of charging hourly fees. This means that we never ask for anything up-front or out-of-pocket – we only get paid through a percentage of your settlement of verdict once we have won your case. In other words, we do not get paid unless you do.
Our team of motorcycle crash lawyers has been working on these types of cases for over 35 years. We have our own team of investigators and a nationwide network of co-counsels, so we can take cases from any state. Contact our firm today for a free, no-obligation case review.