Car Crash Kills Motorcycle Rider In High Point, North Carolina
When a passenger vehicle and motorcycle collide, the crash is often fatal for the motorcycle rider. As a result, substantial compensation may be available to the survivors.
High Point, United States – July 2, 2018 /PressCable/ —
Authorities quickly blamed a motorcycle rider for a fatal crash in High Point. But was it really his fault?
The wreck occurred in front of a fast-food restaurant near the intersection of Eastchester Drive and Johnson Street. Investigators initially concluded that the 24-year-old rider, whose name was not released, was travelling at a high rate of speed. So, the other driver, 21-year-old Curtis Diaz, did not see the Yamaha. The rider was rushed to a nearby hospital with serious injuries, where he later died.
Mr. Diaz was cited for driving without insurance and displaying an invalid license plate.
“In many car accident cases, the emotions sometimes overshadow the facts,” observed High Point motorcycle crash attorney Kenneth McAllister. “Facts, and not feelings, win cases. Feelings burn off, but facts lead the jury to the right conclusion.”
One-sided motorcycle crash reports are a good example. Since the victim in the above story died, the reporting officers only heard one side of the story. Furthermore, there is a feeling among many North Carolinians that motorcycle riders are reckless people who commonly ignore traffic laws.
But the facts may be a lot different. About a third of the fatal motorcycle crashes in North Carolina are visibility-related crashes. They often happen when the tortfeasor (negligent driver) attempts a left turn against traffic. Most riders who have gone down can vouch for that fact.
Many times, the tortfeasor said something like “I never even saw you” or “You came out of nowhere.” Sometimes, that does mean the motorcycle rider was not being careful. But in the vast majority of instances, the motorist was simply not looking for bikers.
With no victim statement, an attorney must look for other sources of evidence. Some of these sources include:
Other Witness Statements: First responders only talk to witnesses who voluntarily come forward at the crash scene. There are usually other people who also witnessed part of the crash. Their stories are vital.
Video Evidence: Especially at collisions near intersections, there is almost always video evidence available. That could be a red-light camera, traffic camera, or nearby surveillance video cameras.
Event Data Recorder: Most vehicles have EDRs. These gadgets are like the black boxes in commercial jets. Instead of relying on witnesses for information like vehicle speed and steering angle, an attorney can use an EDR to conclusively establish these items.
Facts like these are important in a car crash case because the victim/plaintiff must establish liability by a preponderance of the evidence (more likely than not).
Contact Info:
Name: Bryant Aldridge
Email: baldridge@mcallisterlawfirm.com
Organization: The McAllister Law Firm, PLLC
Address: 201 Neal Pl, High Point, NC 27262, United States
Phone: +1-336-882-4300
For more information, please visit http://www.mcallisterlawfirm.com/
Source: PressCable
Release ID: 370571