The #1 Mistake Cops Make When Handling Motorcycle Accidents

In this article, I want to discuss something that has been an issue for me and my clients. The issue is something that cops constantly get this wrong, and I do not know why this occurs. Maybe it is because they fail to be familiar with the statutes and ordinances in Texas, but for some reason, they are constantly getting this wrong.

 

How Police Officers Can Mess Up Your Motorcycle Accident Case

I have a client from Conroe, Texas. The story is that he was going down the road on a small highway, and there was a Chevy Suburban that was leaving a bank from the right side

As that Suburban was exiting the driveway, their vehicle came into my client’s lane. My client did not have enough time to stop and ended up getting hit by the Suburban.

Cops arrived on the scene and my client had to get taken away to the hospital because he was in such bad condition. He had a broken leg, a femur, a clavicle, and some other parts of his body as well.

At this time, my client was not able to give a statement at all. Let us take a moment to think about this. When you are on a motorcycle, your injuries are most likely going to be pretty bad if you have been in an accident.

He could not even give his version of what happened at that time because they took him to the hospital immediately, which they should because his safety is the priority here.

However, the only statement they received was from the other driver. Of course, the other driver states that he was exiting, and the motorcycle ran into him.

For some reason, cops always fail to recognize the statutory violation in this instance. They placed my client at fault, and as I looked at the police report, I realized that it made no sense.

The reason why is because in Texas, if you are exiting a private driveway, you have a duty to yield to all oncoming traffic. That Suburban had a duty to yield to the motorcyclist and he did not.

Whenever the driver of the Suburban gave his version of the story, the motorcyclist could not tell their side, and the police automatically placed the motorcyclist at fault. It is absolutely not fair, yet it happens all the time.

I can tell you from my experience that 75% of the time, cops always get this wrong. Yet, I do not know why they do this. Whether they are not familiar with the law, or they do not realize that vehicles have a duty to yield to oncoming traffic when exiting a private driveway. That little caveat of exiting a private driveway is a lot.

Ladies and gentlemen, please be aware that if you get in an accident and it is because of a car exiting a private driveway, that does not mean you are at fault. It actually means the contrary.

 

How Can An Accident Lawyer Help?

You are probably the one who is allowed to get a recovery because they had a duty to yield to you. If you see a cop put something on the report stating that you are at fault, please have an attorney take a second look because 9 times out of 10 that may not always be the case. If you want me to take a look at something where you were placed at fault, my law firm would be more than happy to do so.