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Brain injury suffered by moped driver

Many people have suffered from a brain injury and have lived completely normal lives afterward. Some have needed assistance with simple, everyday tasks and still others have not survived whatever catastrophe caused the injury. A Texas man is not expected to live after an accident caused a brain injury.

A police report stated the man had been riding his moped close to midnight when two horses ran into his path. Although the driver of another vehicle on the road blew his horn as a warning, the moped driver had headphones over his ears and most likely did not hear the alert. He was not able to stop in time and did hit one of the animals.

The collision scared the horses and they ran off, prompting police to hunt for the horses and their owner. The driver of the moped was taken to a local hospital, where doctors listed his condition as critical. Police are still investigating the incident.

Once the horses and their owner are found, this man may have grounds to file a personal injury lawsuit against the owner.  In the event of his death due to his brain injury, a wrongful death claim may be pursued by his surviving family. However, wearing headphones while driving the moped could be considered contributory negligence, which may impact any claim for damages. Nevertheless, if he is determined to have been less than 51 percent responsible for the accident, he (or his surviving family in the event of his death) may still collect monetary damages in Texas, though any award would be reduced by his own degree of fault. 

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