Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

Personal Injury Law
This answer was rated:

Was in motorcycle accident couple days ago. Riding with friends

Was in motorcycle accident couple...
Was in motorcycle accident couple days ago. Riding with friends on country roads, in a single file line, well spaced apart. I had to hit the brake fast to avoid deer. My friend behind me didn't stop as fast and hit my bike hard. We both fell off bikes. I rolled for a while on street, and am miraculously fine (wearing top notch protective body armor). Got up to check friend, sadly he was unconscious laying in road. Both bikes are a mess. He came alert in a couple minutes and was life flighted to hospital. At hospital he had brain hemorrhage (not wearing great protective gear). He's in ICU, in bad shape but is able to understand questions and give short answers. He could still die.

Am I liable in any way for him rear-ending me? (My brake light works fine)
Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 12 minutes by:
10/21/2013
Brandon M.
Brandon M., Attorney
Category: Personal Injury Law
Satisfied Customers: 12,620
Experience: Attorney at Law
Verified
Hello there:

Thank you for your question. I am terribly sorry for this situation that you are in, but I hope that I can explain the law in a way that is helpful. Liability does not arise in an auto accident (including motorcycle accident) case in Texas unless someone is at fault--that is, unless someone breached a duty, and that breach of duty foreseeably caused the resulting damages. In other words, no one is liable in an accident simply because something bad happened--someone had to have been at fault. Furthermore, in Texas, the law recognizes that more than one person can contribute to an accident, and a party can only be liable if they are at least 51% responsible.

The fact is that sometimes conditions arise on the road that are beyond our control. Perhaps another driver going in the opposite direction swerves into your lane, necessitating immediate reaction. Perhaps it's something like a deer running out into the road without warning. Perhaps it's something else that simply can't be anticipated, even by a prudent driver. Things sometimes happen that require us to slam on our brakes. However, it is for that reason that we have a duty to maintain a safe distance between us and the vehicles in front of us. You know your situation best--you know if you something out of the ordinary that would endanger the drivers behind you, but it's not at all clear to me that you would be more responsible for the accident than your friend who was apparently following you too close to avoid the accident. I hope that it does not come across as insensitive when I say this, so please understand that my intention is not to offend but to inform--but the fact is that your friend may actually be legally liable to you for your damages instead of the other way around. You know how you feel about the whole situation, but if you feel it is appropriate, you may want to consider speaking with a personal injury attorney about getting compensated by your friend and/or his insurance company.


Let me know if further clarification is needed. Thanks.
Brandon M.
Brandon M., Attorney
Category: Personal Injury Law
Satisfied Customers: 12,620
Experience: Attorney at Law
Verified
Brandon M. and 87 other Personal Injury Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Good info. Thanks. Further details and questions now -- please also review and reply asap.


 


There were 5 of us total, all in said single file line. 1st guy in line didn't see deer. 2nd guy saw deer, hit brakes, he's fine never fell. 3rd guy is my 21 year old SON who also hit brakes, didn't stop in time, dented (minor) 2nd guy back fender and then my son fell off bike at low speed. He's fine -- sore foot. 4th guy is me and I'm fine (bike is a mess). 5th guy is in ICU as explained first time we wrote.


 


HERES THE QUESTIONS:


1) My son , #3 in line, does not yet have his motorcycle license. How much difficulty will he be in? (Note: he was riding my 2nd bike and the bike is insured).


2) Police asked for everyone's license but mine. Returned all licenses quickly. HE DID NOT GIVE OUT TICKETS nor did he say anything about 'fault'. He was mainly there to help EMS and clear the road. Question on this one is -- how likely is it he will issue citations or similar??


3) My friends this morning were acting oddly (they all came to stay at my country home for weekend). Should I retain a lawyer and if so for what main legal risk?

1) My son , #3 in line, does not yet have his motorcycle license. How much difficulty will he be in? (Note: he was riding my 2nd bike and the bike is insured).

 

A. He is liable for any damages foresee ably caused by his negligence (just like everyone else) and he may yet be ticketed for driving without a license.


2) Police asked for everyone's license but mine. Returned all licenses quickly. HE DID NOT GIVE OUT TICKETS nor did he say anything about 'fault'. He was mainly there to help EMS and clear the road. Question on this one is -- how likely is it he will issue citations or similar??

 

A. You would normally get a ticket the day of the accident if you were going to get one at all. That said, there's no reason that any responsible party still couldn't get ticketed.


3) My friends this morning were acting oddly (they all came to stay at my country home for weekend). Should I retain a lawyer and if so for what main legal risk?

 

A. There is no way that I can assess your need for an attorney based on the odd behavior of your friends--if you think about it, I'm sure that you will agree that is just not a fair question. That said, there's little harm in consulting with an attorney at this time. If you contact your county's bar association, they can make a low-cost referral. For now, just speak with an attorney so if your situation changes, you will have an attorney who is up-to-date on your situation and ready to act.

Ask Your Own Personal Injury Law Question
Customer reply replied 4 years ago

Good, clear and straight forward. Apology for unfair question -- I would never mark your feedback lower because of my own bad question.


 


LAST QUESTION:


 


Both my bikes are insured, and damaged. I am FINISHED with motorcycles and intend to just sell them damaged. I don't intend to file insurance claim -- going to just sell the 'scrap' to get it over with fast.


 


1) Is it a bad idea and/or legally risky to not file with my insurance company?


2) The ELEPHANT in everyone's mind, I am pretty sure, is this: If my friend Al dies, would his widow have credible grounds to sue any one of us, and if so, what grounds and against which one of us?


 


I realize both these questions are semi unfair as they are pretty open ended. Do your best and I will be satisfied with best efforts. Thanks

No apology needed--people don't always understand why I can't answer their question, so if you understand the situation, that is all I need. I don't expect you to know what I don't know :-)

1. Normally, the only risk of not filing an insurance claim is not getting reimbursed by your insurance.

2. Well, again, there must be at least 51% responsibility in order for someone to be successfully sued. So how would you or anyone else be more than 50% responsible for what happened to Al? Wouldn't Al be the one primarily responsible for his own damages? Out of all of you, wasn't Al the one who was in the best position to prevent his injuries? You haven't given me any particular reason to believe that you or anyone other than Al is legally vulnerable.
Brandon M.
Brandon M., Attorney
Category: Personal Injury Law
Satisfied Customers: 12,620
Experience: Attorney at Law
Verified
Brandon M. and 87 other Personal Injury Law Specialists are ready to help you
Ask your own question now
Ask Brandon M. Your Own Question
Brandon M.
Brandon M.
Brandon M., Attorney
Category: Personal Injury Law
Satisfied Customers: 12,620
12,620 Satisfied Customers
Experience: Attorney at Law

Brandon M. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,148 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

719 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Tina

Tina

Attorney

390 satisfied customers

Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

265 satisfied customers

16 yrs. of legal experience.

< Previous | Next >

Related Personal Injury Law Questions
On 5 /20/16 i received a botched dysport and restayane
on 5 /20/16 i received a botched dysport and restayane filler injection from an eye surgeon, fantastic reputation, highly recommended. she put too much in and paralyazed my eye shut. i could not open … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
13,709 satisfied customers
My Calif. medical malpractice negligence complaint requires
My Calif. medical malpractice negligence complaint requires which parts? What is repeated if any, and what is to be included in the First Amendment? How is a complaint different from an Amendment?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
If we can show an intersection is an unsafe design, perhaps
If we can show an intersection is an unsafe design, perhaps the worst in the entire state, due to having unrelated traffic signals less than 200 feet apart after a long stretch of road without signals… read more
Ely
Ely
Counselor at Law
Juris Doctor
719 satisfied customers
Had surgery 2 years ago to remove gallbladder and mass by
Had surgery 2 years ago to remove gallbladder and mass by stomach. Had the same symptoms after surgery. Went to different doctor and had same tests run. He said it looked like a gastric bypass. He did… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
What is my legal rights when a juvenile has punched me and
What is my legal rights when a juvenile has punched me and cause TBI medical problems. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I need a Medical Malpractice/Negligence Lawyer. I need
I need a Medical Malpractice/Negligence Lawyer. I need his/her advise to file a case against a long term Nursing home at Mesa, AZ. My wife expired due to absence of doctors and I feel administering a … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
In Illinois in order to prevail on a personal injury case
In Illinois in order to prevail on a personal injury case that resulted in death. What has to be proven? Nursing home negligence… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
LONG STORY SHORT- SURGEON NEGLIGENT CONDUCT INJURED ME > 1.
LONG STORY SHORT- SURGEON NEGLIGENT CONDUCT INJURED ME > 1. I have sent to the surgeon-Hospital, my 154 page NOI medical malpractice with 321 pages of supporting documents (MR etc) > I understan… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
It is my understanding that the NOI must be sent at least
It is my understanding that the NOI must be sent at least 182 days from the day of the NEGLIGENT ACT before the two year mark to prevent TROLLING > I had an initial Consultation with the surgeon on… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
My right two may be amputated because of my doctors in
My right two may be amputated because of my doctors in Hawaii. I am getting care here in California. I want to sue them because of negligence, because they never checked within the last 6 months if th… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Negligence leading to mental abuse follow by related health
Negligence leading to mental abuse follow by related health issues. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Can Gross Negligence overcome charitable immunity for a
Can Gross Negligence overcome charitable immunity for a medical malpractice case? The limit is in NJ is $250,000 and I am wondering if Gross Negligence in a medical malpractice case will allow me to s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Which Calif. Laws, defined hospital negligence; which define
Second opinion] Which Calif. Laws, defined hospital negligence; which define hospital substandard care?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
My son, Zach, was injured in a motorcycle accident. The
My son, Zach, was injured in a motorcycle accident. The other person, Edmundo, was at fault. Zach is covered on my health insurance by Edmundo's insurance paid $25,000 for BI - Liability to Others Bod… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a person has only pension income, would they be able to
If a person has only pension income, would they be able to be sued for a personal injury claim and would the person suing be able to collect from the pension income … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can I sue a dentist for negligence and malpractice within
Can I sue a dentist for negligence and malpractice within the Veterans Administration? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
I would like to bring a negligence claim against my son's
I would like to bring a negligence claim against my son's doctors. He suffered a tear to his penile region after the doctor tried to pull his circumcision ring off him and it it had grown into his ski… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,256 satisfied customers
What is the "physical injury" aspect of negligent infliction
What is the "physical injury" aspect of negligent infliction of emotional distress? I've read that it's not simply sleepliness or stress related but what exactly needs to happen in order for the charg… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x