Nearly every driver in Texas has driven above the posted speed limit at one time or another. Driving too fast for the prevailing road and weather conditions, however, puts everyone at risk of becoming involved in a car accident with the speeder. Speed is cited in numerous car accidents involving serious injuries and deaths each year.
Witnesses are blaming one recent accident on speed. As a motorcycle sped along FM 1960, it slammed into an SUV. Its rider was thrown into the vehicle, and his helmet hit a 4-year-old boy in a car seat in the back seat of the vehicle. Witnesses to the crash removed the boy from the SUV, but left him bucked in his child safety seat.
The child suffered serious injuries and was transported to a hospital in the area by ambulance before being flown to another hospital for further treatment. The motorcycle rider was taken by helicopter directly from the scene. Both he and the boy are said to be fighting for their lives. The other two children in the SUV and their mother, who was driving, did not suffer serious injuries. Officials have not yet reported whether criminal charges will be filed.
Fortunately, the right of the child's family to file a personal injury claim against the motorcycle rider in a Texas civil court is not contingent on the filing of criminal charges. It will be necessary to prove that the boy's injuries were due to the negligence of another before the court will consider awarding damages. If successful, the family could receive a monetary judgment to help with the current and future financial losses brought on by this motorcycle vs. car accident.
Source: abc13.com, "Child, motorcyclist fighting for their lives after major accident", Oct. 28, 2015