Another Texas accident has resulted in injuries caused by the careless use of a cell phone. Motorcycle accidents sometimes have unique configurations and causes, and the phenomena of smart phones has interceded to add to that factual mix. In a rare occurrence, a motorcycle slowed down to allow its female passenger to pick up her cell phone that she had dropped on the roadway.
At that time, another motorcycle came along and hit the cycle that had slowed down. The second motorcycle also had a passenger on it. The drivers of the two cycles and their two passengers were injured in the accident. None of the participants were wearing helmets, according to police. The police also reported that the four persons had varying injuries.
The medical status of each injured party is currently unknown. They were taken to an El Paso hospital for medical treatment. The incident presents interesting liability issues. According to general negligence rules, passengers are nearly always free of negligence and can recover from any negligent driver(s) for their injuries.
In this case, a passenger took a risk in trying to pick up her cell phone while on a roadway with traffic. The facts don’t tell us, however, whether this was a busy roadway or a quiet, suburban street. The final analysis here most likely points to the second driver being completely or largely negligent in causing the accident.
The same rules that apply to rear-end collisions among other vehicles apply also to motorcycle accidents. A driver who crashes into the rear of another vehicle is liable for the damages caused by that negligent act. Although the driver and passenger of the first motorcycle were perhaps slightly responsible for causing the accident, nonetheless Texas law strongly points to the second operator as being the main cause. A driver must keep a constant lookout for all other vehicles and must have sufficient control of his or her vehicle to avoid colliding into other vehicles or objects on the roadway.