Justice for the Borderland

Motorcyclist Killed in Collision with Truck in East El Paso

The El Paso Times reports here that a motorcyclist traveling at a high rate of speed collided with a truck that failed to yield the right of way.

Who is at fault and why would that matter? Texas is a comparative negligence state meaning that the degree of fault, in part, determines the amount a person could recover or even if they can bring a lawsuit.

What does the estate of the motorcyclist need to know? The truck driver is responsible for turning into oncoming traffic. The visibility of the motorcycle is important in determining the truck driver’s fault, if any.

What about the truck? The motorcycle apparently was weaving in and out of traffic at a high rate of speed. This could affect the truck driver’s ability to see the oncoming traffic.

Christopher David Cazares
Attorney at Law