The rider of a Harley Davidson motorcycle was tragically killed by the driver of an SUV on Tulsa Highway in recent news, as reported by Newson6.com. For an unknown reason, most likely because of intoxication, distraction, speeding, or falling asleep at the wheel, the SUV driver veered off the westbound Keystone Expressway. At that point, they went through the center cable barrier and hit the eastbound motorcyclist head-on, killing him on impact.
Who is at Fault?
In the vast majority of traffic collisions involving wrongful deaths, one or more drivers are responsible for causing them. In fact, almost all “accidents” are not accidents at all. An accident is actually defined as an unexpected and unpredictable incident. Most auto collisions are caused by one of the following types of driving:
- Distraction;
- Speeding;
- Aggressive or impatient driving;
- DUI; or
- Falling asleep at the wheel or drowsy driving;
All of these actions or methods of driving are known to greatly increase the chances of causing a crash. In the case of the motorcyclist, the driver of the SUV will be held liable unless the driver can prove that they were not at fault. For instance, they could argue that their tire blew out, in which case the family of the motorcyclist could pursue damages from the tire manufacturer of the SUV. However, this is not a likely scenario. The driver will almost undoubtedly be held liable.
Proving Fault and Suing Multiple Parties
There are some times many parties responsible in wrongful death auto crashes. The family of the motorcyclist could also, potentially, pursue financial damages from the state of Oklahoma or the manufacturer of the cable guard by claiming that the center cable guard should have held up when the SUV collided with it. In fact, similar lawsuits have been filed against guardrail manufacturers, such as the case against Trinity Industries. However, in order to receive compensation or win a lawsuit, your attorney must be able to prove negligence on the behalf of another driver, a manufacturer, a state or federal entity, or another party.
Call an Attorney Today
Wrongful death cases often involve multiple parties and serious damages, meaning that the insurance companies involved will do all that they can to prevent payment. We urge you to use an experienced attorney as soon as possible by contacting the Tulsa law offices of Frasier, Frasier & Hickman, LLP today for help.