Odessa Motorcyclist Killed
In late February of 2014, a 24-year-old man was killed in a motorcycle accident in Odessa. Edward Brady was traveling east on Highway 191 when he lost control of his speeding motorcycle and was ejected from the bike. He was not wearing a helmet at the time of the wreck. Mr. Brady lay in the roadway after being sent flying from his motorcycle. Tragically, a 43-year-old driver of a 2008 Ford Crown Vic hit Mr. Brady as he lay in the road. Mr. Brady died on the scene.
Motorcycle accidents happen all too often in Odessa, Midland, Lubbock, Houston, Beaumont and all throughout Texas.
What if I can’t prove who is at fault?
The tragic story of Mr. Brady’s death brings up an interesting aspect of personal injury law. What do you do when you cannot prove for sure who was at fault? Was Mr. Brady’s death caused by the motorcycle accident or by being run over by the driver of the Crown Vic?
Although personal injury conjures images of lawyers, judges and juries in a courtroom, the fact of the matter is the overwhelming majority of personal injury cases never get to court. Why? The answer is because they settle beforehand. It is expensive to defend a personal injury suit. If it seems like the injured party could win, oftentimes the defendant weighs the pros and cons and the likelihood of losing versus winning in court to arrive at a settlement offer. Sometimes, the defense might even want to settle, just to avoid the cost of going to trial.
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Who is “the defendant”? The defendant is technically the person accused of causing the injuries. However, in most cases involving injuries with a car or motorcycle accident, the defendant is actually represented by their insurance company. The insurance company is most often the entity responsible for paying for any damages. Because they are responsible for paying the damages, they provide a defense for their insured customer so they can protect against a costly judgment.
The insurance companies have a strong interest in keeping their costs low. After all, they are businesses. The less money the insurance company has to spend in court costs, lawyers’ fees and judgment awards, the better their profits. As such, often the insurance companies are interested in getting a settlement done early. If you and your lawyer can make a reasonable argument that the insured person was negligent, the insurance company could very well make you a settlement offer.
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It is important to get the help of an experienced personal injury attorney in this process, even though it is not going to court. The insurance companies want to pay you as little as possible. Your lawyer will know what is a fair offer considering your facts and will know best how to negotiate with the insurance company.
If you have been injured or a loved one has been killed in a motorcycle or car accident, contact an experienced and compassionate Loncar Lyon Jenkins personal injury attorney for a free consultation.
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