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Hit-and-run driver causes fatal motorcycle accident

Even in a hit-and-run situation, there is a personal injury recovery for the victim by tapping into the victim's own uninsured motorists' coverage on his or her auto insurance policy. Underinsured and uninsured motorists' coverage is offered to each Texas vehicle owner to cover those unpredictable situations where the at-fault driver either doesn't have enough insurance, has no insurance, or flees from the accident and disappears. This happened in El Paso at about 9:50 p.m. on Saturday, Sept. 28 in a motorcycle accident, when a man driving a motorcycle was killed by a hit-and-run driver.

According to the El Paso police, witnesses reported a motorcycle driving south on Dyer when a dark-colored SUV, traveling north on Dyer, decided to make a U-turn. It made the turn and was traveling south on Dyer but its right side went into the path of the motorcycle. The driver of the SUV left the scene without rendering aid to the seriously injured motorcycle driver, according to witnesses.

Witnesses reported the road crash to police. The motorcycle driver, a 33-year-old man, was seriously injured when El Paso police arrived. He later was transported to a local hospital where he was declared dead. There are notices published asking for information and a reward may be available. There are many ways in which police can catch up with a hit-and-run driver, including car repair shops, suspicious friends or relatives, and sometimes the voluntary surrender of the driver after coming to his or her senses.

It's likely that the driver in this motorcycle accident will be tracked down. In that event, under Texas law, the estate of the decedent will not have to rely only on its driver's own policy but will have a claim for negligence, and possibly recklessness, against the hit-and-run driver who brazenly made a U-turn improperly and interfered with the motorcycle's right-of-way, causing the operator's death. Of course this all assumes that the facts currently reported will remain the same and not undergo any sea-changes in the final police report.

Source: elpasotimes.com, Man killed in hit-and-run in Northeast El Paso, Dave Burge, Sept. 29, 2013

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