Motorcycle Accidents Involving Drunken Drivers
In the state of Texas, the laws involving drunken driving accidents, known as dram shop laws, allow the injured victim of an accident or his or her family in the case of wrongful death to seek compensation from the drinking establishment who over-served the drunk driver – depending upon the facts of the case. When the blood alcohol concentration of someone drinking alcohol in the state of Texas reaches .08 percent, that person is considered legally intoxicated, and it’s illegal to be in public while intoxicated, let alone behind the wheel of a car.
In turn, Texas bars, restaurants, and other businesses where alcohol is distributed must actively attempt to identify when patrons have obviously reached the legal limit. If you or your loved one has been negligently served past the point of intoxication by a drinking establishment, and then you get into a wreck, you can pursue compensation from the drinking establishment. This law holds up both for a drunken driver who injures himself (with a first-party dram shop claim), and when a drunken driver hurts someone else (with a third-party dram shop claim). Dram shop claims are not filed in replace of taking action against the drunken driver but in addition to it. At our Law Offices, we haven’t just been dealing with motorcycle accident litigation, but we’ve also spent the past 20 years helping people with a variety of dram shop claims. Thus, we have the knowledge and skills to help you. More here @ https://truckaccidentattorneysa.com/motorcycle-accident-lawyers-san-antonio/
Defective Motorcycles and Product Liability
In recent years, boutique chopper shops have popped up all over the country. While many of these motorcycles are well-made, the level of craftsmanship, on the whole, has gone down and defective motorcycles are becoming a much bigger problem than they’ve been in the past. When bikes, or their parts, malfunction, the results can be disastrous wrecks. Just like the old adage indicates, “when something goes wrong on a motorcycle, it goes very wrong.” Even when the bike has been properly built and operates as intended, riding a motorcycle isn’t easy. A defective bike can endanger its rider at high speeds.
If a defective bike causes an accident due to a design or assembly flaw, then the victim may seek damages from the manufacturer using a product liability lawsuit. On the other hand, if an accident occurs as a result of the breakdown of a component part like the tires, brakes, or suspension, then the victim can seek compensation from the maker of the part and the bike. As a result of part malfunctions, personal injury and wrongful death lawsuits stemming from motorcycle accidents often have multiple defendants.
Once your attorney has identified the cause of the accident as being a defective motorbike or one of its parts, he or she will need concrete physical evidence and expert testimony to win a product liability case. If your accident occurred due to a malfunctioning accelerator, then you will need the defective system in question and the help of a qualified engineer who convinces the jury exactly how the part failed to perform its duty and why the manufacturer should be held liable. To be admissible in court, the physical evidence must be properly secured and preserved for trial.
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If you don’t have experience with these cases, then it’s not exactly easy to find expert witnesses, they don’t gather in one spot like migrant workers. Only through decades of experience handling similar cases can a motorcycle accident attorney develop consulting relationships with the right expert witnesses. At our Law Offices, we’ve come to learn we can rely upon our stable of mechanical, engineering, and medical experts to testify in motorcycle accident cases no matter what the details of the case.
Carabin & Shaw P.C., Attorneys At Law
221 N. Kansas Street, 7th Floor, El Paso, TX 79901