Motorcyclist Injured in Crash with FedEx Van on Avenue A in Kermit, TX
Kermit, TX — June 21, 2022, a 68-year-old motorcyclist was injured in a crash with a FedEx van on South Avenue A in Kermit.
According to reports the incident happened around 3:15 p.m. on Avenue A at East Austin Street. Preliminary investigation suggests a Freightliner van owned by FedEx was northbound on Avenue A when the driver stopped briefly at Austin Avenue. The driver admitted to pulling forward into the intersection without seeing the victim's approaching westbound Harley-Davidson motorcycle. The bike then crashed into the front-right of the van in the crossroads.
The rider suffered serious injuries in the collision. The FedEx driver was unhurt.
No further information is currently available.
Commentary on FedEx Van Accident on Avenue A in Kermit
This accident may involve a different kind of commercial vehicle rather than the usual 18-wheeler we blog about, but the same rules apply: A company's employee acted negligently while on the clock and someone got hurt. Under the legal principle of respondeat superior, or "let the master answer," that may mean the driver's employer (apparently FedEx) is responsible for the damage he dealt to the victim.
However, some other concepts common to commercial accidents also apply. Most notably, the company isn't required to agree that its employee's actions were the proximate cause of the victim's injuries. Some may not see how there could be much doubt, but this isn't the first time I caution someone about underestimating truck defense attorneys.
In the Kermit crash I wouldn't be surprised to hear arguments about visibility issues (the driver told police he didn't see the oncoming bike), poor intersection design, or even that the victim himself somehow acted dangerously by speeding or not wearing a helmet. Public biases against motorcycles are fertile ground for defense attorneys to plant doubt, which can be problematic for an injured rider seeking help.
As always, the best way to make sure no deflections or excuses stand in the way of getting that help is to show up armed with abundant clear evidence showing what really happened. That might mean reconstructing the crash scene, taking electronic data from the vehicles, interviewing witnesses and compiling their statements, and tapping into many other resources to gain a full understanding of events. A lot of that work is best done by experienced professionals, though, which is why I often recommend their help to people stuck in these situations.