• May 26, 2017

David Smith Injured in Odessa, TX, Motorcycle Accident

Odessa, TX -- May 25, 2017, David Smith sustained injuries due to an accident in which his motorcycle collided with a pickup.

Preliminary information released by Odessa Police investigators indicates that the collision took place at the intersection of 42nd Street and Golden Avenue at around noon.

Officials stated that 45-year-old Smith was driving along 42nd on a motorcycle. 18-year-old Mateo Soto reportedly made a wide turn, colliding into Smith's motorcycle and causing it to slide. The motorcycle collided with a second pickup before coming to a stop.

Smith was transported to a local hospital for treatment of injuries said to be non-life-threatening. No other injuries occurred.

Police say Soto was cited for the accident. No further information is available.

Map of the Area

Commentary

To a lot of people, they're going to see the pickup driver being cited and automatically assume the motorcyclist is going to be compensated for the accident. What these people fail to remember is that insurance companies are not in the business of losing money, and therefore not in the business of accepting full liability unless they're forced to. Even if their client is cited or charged in relation to the accident, they can still find ways to shift blame onto the victim or other factors and minimize their losses. If this goes unchecked, victims and their families can easily find themselves cheated out of the compensation they deserve.

Let's look at this accident, for example. There are two factors in this which I've seen cause issues in the past. One such issue is that there is a third vehicle involved in this accident. Since the motorcyclist was hit by a second pickup in the crash, it's possible the insurance company can claim that said pickup contributed to the accident and therefore shares a portion of the liability. This may not avoid liability entirely, but even pushing a portion of the blame off of themselves helps accomplish their goal of avoiding as much liability as possible.

The other factor that could come into play here is that motorcyclists are often seen as dangerous drivers. This is a misconception that many people hold, whether they realize it or not. As such, there are times where people will automatically assume the motorcyclist is at fault for any given accident, at least partially. The problem here is that insurance companies know all too well that this negative bias exists, and they often try to use it to their advantage. They tend to take their chances at convincing a jury made up of average citizens--who we've established have a good chance of holding this misconception--that the motorcyclist shares blame in the accident.

You might be wondering, "how can an insurance make such frivolous claims and get away with it?" The fact of the matter is that a bad defense with bad evidence can still beat a good offense with no evidence. Without the right set of facts to counter these blame-shifting tactics, victims and their families can find out the hard way that these seemingly ridiculous arguments can be effective if left unchecked.

The good news here is that since these arguments tend to be flimsy at best, they can be countered with the right preparation. If those affected by the accident ensure the accident is looked at by an experienced professional, they can gather and preserve the evidence necessary to proving who was at fault for the accident and holding the insurance company fully accountable for the damages they owe. Insurance companies often find ways to create problems for victims and their families, but having the right ally and a solid case built upon tangible evidence can overcome whatever barriers a combative company puts between victims and the justice they deserve.

--Grossman Law Offices

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