• July 14, 2022

Motorcyclist Injured in Truck Accident on FM 1788 in Midland County, TX

Midland County, TX — June 23, 2022, a 40-year-old man was seriously injured in a crash with an 18-wheeler on FM 1788 in Midland County.

According to reports the incident happened around 7:05 a.m. on FM 1788 near mile marker 335. Preliminary investigation suggests a Freightliner semi-truck was towing a trailer east through a private drive when the driver started to turn northward onto the roadway. While turning the driver failed to yield to the victim's southbound Suzuki motorcycle. The bike crashed into the left side of the semi-trailer.

The rider suffered serious injuries in the collision. The truck driver was unhurt.

No further information is currently available.

Commentary on Truck Accident on FM 1788 in Midland County

Some may think reports are clear enough about fault here that the company behind the truck driver will have no choice but to accept responsibility. However, the company isn't required to agree with police findings, and instead is likely to argue the driver's actions weren't the proximate cause of the victim's injuries.

"But how could they do that if the trucker failed to yield?" It's true that the picture laid out in early reports seems pretty clear, but people don't always realize that those reports, whether from the news or police, aren't really the gospel truth they're often thought to be. Trucking companies use that to their advantage, poking holes in the parts not confirmed by clear evidence.

Motorcyclist Injured in Truck Accident on FM 1788 in Midland County, TX

Moreover, it's an important distinction to make that fault for a crash isn't always the same as fault for a victim's injuries. That's another point used by trucking firms when it's time to duck responsibility. "Our guy may have failed to yield," they say, "but the victim was speeding/didn't have a helmet on/wasn't paying attention, and that's really what hurt him." Are any of those accurate? That's not as important to the defense as simply putting the "what if" in a jury's minds. If they can introduce enough doubt, the jury may not feel right in pinning blame to their driver.

I know I'm painting an unflattering picture here, so I want to be clear I don't have a problem with the trucking industry as a whole--just the parts of it that do their best to duck or deflect responsibility for their drivers' carelessness. Those companies throw every obstacle they can find in the path of resolution for the victims. They have a lot to lose and will fight like hell to keep it, so the best thing victims can do after these incidents is find proof of their side of the story. Taking all the opinions and guesswork out of the equation and showing up with objective facts makes it much harder for the defense to find cracks to slip through.

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