According to local reports a man was injured following a motorcycle wreck near Silsbee Texas. The accident happened around 2:20 p.m. Saturday September 17 when Randy Chambliss was struck by a car that pulled into his path on FM 92. The impact with the vehicle driven by Amanda Potts was such that Chambliss was thrown onto the pavement breaking an arm and suffering severe head lacerations. Potts was ticketed for failure to yield right-of-way.
Approximate Site of the Accident
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Commentary
In many of my blogs I mention the difference when operating a vehicle around a motorcycle as the risk of injury is just so much greater than an enclosed car. An independent investigation is needed to determine liability but the news feed and police report seem to fault the other driver in this accident. This fault could open the driver to a personal injury claim based on the results of the investigation.
A personal injury claim needs three elements in order to be successful. There must be a determination of liability placed upon the defendant. This is contingent upon the the investigation determining the defendant violated their responsibility to safely operate a vehicle near the injured claimant. The next piece a personal injury claim needs are damages which are certainly manifested in the victims medical bills property damage and pain and suffering. Finally for a claim to proceed a defendant must be solvent. Meaning they must have the means to compensate the victim in this accident.
When those elements are satisfied a personal injury claim can commence and begin the restitution process and subsequently the healing process.
Beaumont Personal Injury Attorney Michael Grossman
