• March 28, 2022

Michael Niederhofer Killed in Montgomery County, TX Motorcycle Accident

UPDATE (April 25, 2022): Reports have identified the victim of this accident as 43-year-old Michael Niederhofer.

Montgomery County, TX -- March 27, 2022, a man was killed in a single-vehicle motorcycle accident on Nichols Sawmill Road in Montgomery County.

Authorities say the incident happened around 7:00 p.m. on Nichols Sawmill near Cindy Lynn Lane. Preliminary investigation and a witness statement suggests the victim was riding a Harley-Davidson motorcycle south on the roadway at alleged high speeds when he lost control and left the road in a curve. The motorcycle then crashed into a nearby tree.

The rider suffered fatal injuries in the crash. Investigators noted the speedometer broke off the motorcycle in the crash but was locked at 100 miles per hour.

No further information is currently available.

Commentary on Michael Niederhofer Accident on Nichols Sawmill Rd

UPDATE (August 2, 2022): Later reports indicate the suspect had a blood-alcohol concentration (BAC) of .207at the time of the crash. I don't say that to judge him, but evidence that he was significantly over the legal limit for intoxication may change how the investigation should be conducted.

Alcohol-related crashes in Texas and many other states sometimes involve holding the businesses that served it responsible for the damage their intoxicated patrons cause or suffer. Under dram shop law any business that continued serving alcohol if their customer was obviously intoxicated may have a legal duty to make what amends it can to that customer's grieving family after their loss.

Even if that's the case, though, first the victim has to prove that such over-service occurred. Police investigations aren't very helpful for that, so it's usually best for victims to get help from independent investigators who know how to get the necessary evidence. Armed with that, many people hurt by reckless over-service have held bad businesses accountable for breaking the law.

Michael Niederhofer Killed in Montgomery County, TX Motorcycle Accident on Nichols Sawmill Road

ORIGINAL: Some folks may read the few details of this crash and decide for themselves without further evidence what happened. After seeing a single-vehicle wreck people are sometimes content to blame one or more of the most common factors, like fatigue or operator distraction. More cynical readers might even try to blame impairment, though not a word was said about that in the limited information of news releases. It's a common enough factor that police may at least consider the possibility, but it's only one of many they should look at. There are also less-common but still important factors to consider like vehicular failures (maybe the rider didn't want to go that fast but couldn't stop), hazardous road or weather conditions, limited visibility, or another vehicle that left the area without stopping.

Given was reports say it's possible this really boils down to reckless operation, but it's important to be patient and not jump to conclusions. Until all the facts are obtained through a thorough accident reconstruction it's premature and imprudent to decide what caused this wreck. At the very least, the victim's loved ones deserve to know that all care was taken to discover the truth of what caused their terrible loss.

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