Former University of Texas Longhorn and Cincinnati Bengal running back Cedrick Benson was riding his motorcycle along RM 2222 in Austin, Texas when a minivan making a left turn from Mt. Bonnell Road pulled in front of his motorcycle.
The impact killed Cedric Benson and his passenger almost instantly.
Texas is a great state for bikers. The weather is warm and a barbecue joint is never far away. Unfortunately, there are risks associated with riding a motorcycle in the Lone Star State, and as Cedric Benson’s accident made clear, those risks can be life altering.
If you lose a loved one in a motorcycle accident, a wrongful death claim might be appropriate.
Almost 5,000 people are killed in motorcycle accidents across the United States every year.
In Texas, 417 motorcyclists were killed in 2018 and 920 were seriously injured.
To put these numbers in perspective, motorcycle fatalities occur 28 times more often than passenger-vehicle fatalities.
Here are some other eye-opening motorcycle accident statistics:
Riders of "super sports" motorcycles have fatality rates nearly 4 times higher than those for drivers of standard motorcycles
A motorcycle accident can be the result of something innocent (such as a sudden rainstorm that causes the driver to lose visibility) or an intentional act (such as an angry driver who purposely runs a motorcyclist off the road).
However, most motorcycle accidents are the result of negligence, either on the part of the driver or someone else. Examples of negligent acts that might lead to a fatal motorcycle crash include:
If a motorcyclist is injured in an accident caused by someone else, the motorcyclist can sue the responsible party and recover damages.
But what happens if the motorcyclist is killed?
In Texas, certain family members of the motorcyclist can sue the person responsible for their loved one’s death under the Texas wrongful death statute.
If the surviving family members can prove the responsible party (or parties) liability, they can recover damages for:
For some wrongful death cases, the surviving family members can recover punitive damages. Punitive damages are designed to punish the negligent party. These damages are only available when the death was caused by gross negligence or an intentional act.
Not all family members can file a wrongful death claim. In Texas, only the following people can file a wrongful death claim:
You’ll notice that siblings, grandparents, and other more distant relations aren’t listed and as a result can’t file a wrongful death claim in Texas.
Motorcyclists don't have the protection that cars and trucks have. To stay safe, the Texas Department of Transportation recommends that motorcyclists:
In addition, drivers of other vehicles should:
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