Motorcyclist Killed in Miller County, Missouri
Posted on October 4th, 2017 by Zane Cagle
Kaiser, MO Motorcyclist Killed in Crash on Highway D
According to news reports and the Missouri Highway Patrol, the driver of a 2015 Ford F-650 attempted to make a left-hand turn and failed to yield to a motorcyclist on Highway D just after 12 pm September 22, 2017. The motorcycle crash resulted in the death of the motorcyclist, a 53 year-old Kaiser, Missouri man.
Rules of the Road- the Social Contract
Following the rules of the road is essentially a social contract. All drivers must respect all rules including following lights, signs and signals. It’s a social contract in that we all agree to follow the rules so that we may all share the roadways safely; but it requires that we place some trust in other drivers and take responsibility for our driving behaviors.
Since motorcycles are smaller than passenger vehicles, we see them as less of a “threat” if we are in a larger vehicle. That may need a little explanation…. If you are driving down the road and notice a vehicle approaching you, you interpret the “threat level” or amount of damage they could inflict if they collided your vehicle. As a semi-truck is a bigger, our natural interpretation is that it is a bigger threat level than say a small passenger vehicle or motorcycle.
We do this evaluation while on the roadway subconsciously and consciously.
When one of us break the rules of the roadway, there can be devastating results. When someone breaks a rule, they rarely do so “intentionally”. If someone broke a road rule intentionally, then there are usually criminal consequences. However, when someone fails to yield or collides with another vehicle due to inattentiveness or other such factors, it is not generally intentional but it can be deemed “negligent”.
Negligence is not the same thing as criminal action. While someone can be criminally negligent such as a drunk driving, most often negligence is “failure to use reasonable care, resulting in damage or injury to another”, As a civil attorney, I mostly deal with motor vehicle crash cases where someone was negligent (such as failing to follow rules of the roadway) resulting in someone being seriously injured or killed. People make driving errors due to inattention, failure to keep a good lookout, fatigue and many other reasons, including distracted driving.
While not criminal, these errors in decisions are choices. While they lack the intent of malice, they are decisions with real consequences. The results of these decisions can be the same for victims whether they are seriously injured or worse.
Driving Decisions are Choices
Whether you are on a motorcycle or operating a passenger motor vehicle, you make choices and decisions while driving. When those choices are in conflict with the rules of the road and result in a serious injury or fatality, you may have the liability for the crash (meaning it may be your fault). For this very reason, we all must legally carry insurance which is an entire other discussion/topic for another article.
If you’ve been injured or lost a loved one (wrongful death) due to the driving choices of another, you should contact an attorney immediately.
At The Cagle Law Firm, we represent those seriously injured and families of fatally injured persons.
Call us for a free consultation at (314) 276-1681.