Motorcyclist killed in San Carlos crash

by Benjamin Treviño | October 24th, 2022 | Auto Accident, Fatal Crash

SAN CARLOS — Texas Department of Public Safety (DPS) troopers are investigating an October 20 crash that left a motorcyclist dead. The victim, David Garcia Harley of Bastrop, was killed after his motorcycle collided with a pickup truck in San Carlos shortly before 5:30 p.m.

According to a DPS news release, the driver of the truck was making a left turn onto State Highway 107 from 83rd Street when Harley, who was traveling west on Highway 107, collided with the truck.

The 29-year-old motorcyclist was pronounced dead at the scene. Neither the truck driver nor the passenger in the vehicle were injured. No citation had been issued as of this writing, but DPS troopers continue to investigate.


Does not wearing a helmet affect a motorcycle accident injury case In Texas?

It’s not known if the victim in the above story was wearing a helmet or not. But in any case, it’s always a good idea for motorcyclists to wear a helmet when on the road, and not just for the added protection that it provides. It can also affect a personal injury claim.

Comparative negligence in Texas

Texas has a modified comparative-fault vehicle accident system. This applies to all types of accidents, including motorcycle accidents. Under this system, a person can only recover damages if he/she is less than 51 percent at-fault for their injuries.

The circumstances of the accident and details from medical records will play a key role in determining if not wearing a helmet contributed to the injuries. In general, courts are more likely to rule that not wearing a helmet significantly contributed to injuries of the head, neck, or face.

However, the lack of a helmet would not likely be considered a factor in injuries to the legs and hands, and thus not likely to affect a personal injury case. But again, it’s still a good idea to ALWAYS WEAR A HELMET!

Let J. Gonzalez handle your personal injury claims

The motorcycle accident injury team at the J. Gonzalez Law Firm will evaluate your case at no charge. We can help you understand how the circumstances of your case might affect the outcome. Even if you weren’t wearing a helmet during your accident, you might still qualify to recover medical bills, lost wages, pain and suffering, and other damages.

In Texas, you might also be eligible to file a wrongful death lawsuit if your loved one passed away in a fatal motorcycle accident. Let us help you pursue compensation for your losses and expenses. Call us today at 1-800-CAR-CRASH.



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