Who is At Fault in a Lane Filter Motorcycle Accident?

We all know the importance of watching out for motorcycles.  These vehicles are open to the air, and the riders are much more susceptible to bodily injury if hit.  As motorists we all have the obligation to watch out for each other, and to take care of one another on the road to prevent accidents when possible.  Despite making up just 3.5% of registered vehicles, motorcycles represent 15% of fatal traffic deaths (NHTSA Data from 2022) because they’re that much more vulnerable.

But what happens if a biker is hit while lane filtering?  Who will be found liable, where does the fault lie, and what’s going to happen to the injured party?  The Car Crash Captain has some answers.

Lane Splitting, Lane Filtering, Lane Sharing

First of all, these three terms aren’t interchangeable, even if some use them interchangeably.  When we’re looking into the legality of things, we have to make sure we’re using the proper definition of the words.

Lane splitting is when a motorcyclist passes vehicles by driving between the two lanes.  In this situation vehicle are moving along as regular traffic, perhaps going slower than the speed limit due to congestion, and the biker “creates another lane” by essentially riding the white line between vehicles.  Lane splitting, in Texas, is illegal.

Lane filtering is when a motorcyclist rides between stopped vehicles as he or she approaches an intersection.  They filter their way to the front of the line to ease congestion and reduce the risk of being rear-ended by an inattentive driver.  Lane filtering, in Texas, is illegal.

Lane sharing is when two motorcyclists ride side-by-side in the same lane.  In Texas, lane sharing legal when it is only two riders side-by-side (or slightly staggered) and they aren’t otherwise impeding traffic.

There is currently only one state that allows lane splitting (California), and five others that allow lane filtering (Montana, Utah, Colorado, Arizona, Hawaii); each has their own rules on how to filter.  Several others, including Texas, are considering adjusting the laws to allow either splitting or filtering as there’s quite a bit of evidence that shows it’s a safer method of travel (when done correctly).

What if a Motorcyclist is Hit While Lane Filtering?

So, what if a motorcyclist is hit while lane filtering or lane splitting?  Since they’re violating a traffic law, does that automatically make them the at-fault party?

The answer is, sort of.

Because Texas has a comparative fault law, you can still recover compensation even if you were partially responsible for the accident.  If you are deemed to be more than 50% responsible, however, then you likely won’t be able to recover compensation.

What’s that look like?  It’s going to change depending on the situation.

If you’re lane filtering, and a driver doesn’t like that you’re “cutting” the line, so they swing their door open – you’re likely going to be less at fault than some other situations.

If you’re lane splitting, and a driver changes lanes but doesn’t see you in their blind spot, you might be more at fault because you shouldn’t be there in the first place.

If you’re lane filtering, and a driver decides to try to change lanes, and they’re crossing a solid white line to do so… that’s where things can get pretty murky.  Is lane filtering a “worse” offense than crossing a solid white line?

That’s why you need a personal injury lawyer if you’ve been injured in a Texas motorcycle accident.

How Does Herbert Law Group Help?

Herbert Law Group knows how to deal with insurance companies and juries if your case goes to trial.

If you’ve been injured, even if you might be partially at fault, then let’s talk about what happened and see if we can help.  Our attorneys will give your situation a look, and take it from there.

It all starts with a free phone call.  Get in touch with us at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you for a conversation and initial consultation.

Healing from a Wreck Can Take Time

Motorcycle wrecks can result in some serious injuries.  Without the protection a car offers, the body is exposed to far more.  Those injuries are much worse, and often fatal, when proper riding safety gear isn’t worn.

How long do these injuries take to heal?  What can be expected?  The Car Crash Captain has some insights for us.

What Injuries are Common after a Wreck?

Nearly any injury you can think of can and will happen with a severe motorcycle wreck.  There are, however, some that are much more common.

• TBI: Traumatic Brain Injuries may occur whenever you receive a sudden blow to the head.  Neglecting a DOT approved helmet means the likelihood of a TBI (or death) is much higher.
• Head: The head tends to get hit a lot in wrecks.  Even if the impact isn’t severe enough to cause a TBI, other injuries including fractures, scrapes, and lacerations can occur.
• Back and Neck: Our spines are made up of dozens of bones; each with multiple joints.  All-in-all there are 364 joints in the spine and neck, they can all become damaged in a motorcycle crash.
• Broken Bones: All of the bones are at risk during a motorcycle wreck.  Legs and arms are especially prone to breaking due to their location and size.
• Road Rash: Road rash is a serious issue that shouldn’t be taken lightly.  Abrasion wounds can easily become infected and bigger issues may result.
• Disfigurement: Injuries are often so severe they will never heal properly.  Long-term the body may become disfigured.

How Long Does it Take to Heal?

The short answer: it all depends on the type of injury.

For minor scrapes and bruises, healing can be as quickly as a week or two.  However, issues like broken bones may take many months to heal.  Road rash that becomes infected can be an ongoing problem for many weeks or months.

The real trauma, however, is that some injuries are so severe, that you will never heal from them.

Lifelong Issues After a Texas Motorcycle Wreck

Major injuries to the body, such as traumatic brain injury, severely broken bones, and disfigurement cause problems that will last for your entire life.  Not only will the body be physically different and weaker, other issues can pop up.

Ongoing medical care means that doctor visits become a normal part of life.  As healthcare costs continue to rise, these bills can rack up considerably fast.

Assistive devices might be necessary for a while, or forever.  If your back is severely broken, legs and feet no longer work.  That means a wheelchair for mobility, but also modifying the home to accommodate a chair.

Decreased earnings at work might be the new normal.  If your body can’t handle long working hours, then you’re limited on what you can do.  If you were working manual labor, but physically are unable to do so, opportunities may be limited.

There is a major factor that many people overlook, and insurance companies are hoping you will too.

Pain and Suffering is a Real Issue

Pain and suffering aren’t just buzzwords.  They real issues that nearly everyone will experience after being involved in a wreck.  How does that look?

• Relationships are strained.  If your spouse now has to empty your colostomy bag several times a day, will they stick around?
• Quality of life is diminished.  If you were an avid outdoorsman or woman, and now you’re confined to a wheelchair, how is your sense of identity changed?
• Happiness vanishes.  Many people who have life altering injuries struggle to find happiness or enjoyment in life.  If you were healthy one day, and a quadriplegic the next would you struggle to be joyful?

Come to Herbert Law Group Immediately After a Crash

Herbert Law Group has dealt with hundreds of motorcycle crashes.  We know what happens, how long the healing process takes, which injuries you can recover from and which will result in ongoing and lifelong challenges.

We also know how to talk to the insurance companies so you receive compensation that’s going to adequately cover those injuries.

You have up to two years to file your claim, but the longer you wait, the harder it’s going to be.  As soon as you can after the wreck, call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.  We’ll have a free conversation to determine how we can help.

Fewer Rides Happen in the Winter

As the fall progresses, we still have plenty of time to ride comfortably here in the Dallas area.  But soon the temperatures are going to dip even more, we’ll have rain and perhaps even some ice forming on the roads.  Most motorcycles will be put into the garage for at least a few months as the coldest part of the year comes and goes.

Before you tuck your bike away for the winter, make sure it has been winterized.  A properly cared for motorcycle now means it will function optimally when the spring rolls around.  Here are a few tips from the Car Crash Captain to help you avoid an accident when the spring comes back.

Motorcycle Winter Preparation Tips

Keep in mind that all motorcycles are different.  Newer bikes may need less prep, and older bikes may need more.

• Change the Oil and Filter – An oil change and filter change should be a regular occurrence with your bike anyway.  Get it done now so anything that happens to be in the oil and filter won’t settle out and cause a clog or major problems when you fire it back up in the spring.
• Give it a Wash – It’s not entirely necessary to wash, dry, and perhaps even wax your motorcycle.  But any little bits of dirt on it, when a cover rubs against it, can scratch the paint.
• Fill the Tank and Stabilize – Most gas tanks are fine when they are less than full.  But to be on the safe side it should be filled up and stabilizer added to it.  Gasoline can “crystallize” over time, and cause problems in the engine.  Stabilizer prevents this.
• Disconnect the Battery – No sense in trying to fire up a motorcycle with a dead battery.  You can set it on a trickle charger all winter, but that also isn’t necessary.  Put it on the charger a couple of weeks before your first ride of the spring and you’ll be fine.
• Clean the Air Filter – Pull that air filter out and clean or replace it.  Just regular maintenance here, nothing that must be done in the fall.
• Protect the Tires – Tires can crack over the winter, especially if they’re left in the sunshine.  You can coat them with a tire protectant, but the most important thing will be to get them out of the sun light.  At a minimum, cover them.  But if you can store your motorcycle indoors (in a garage) that is climate controlled, that is even better.
• Cover It – There are plenty of high-quality motorcycle covers out there.  Even better is to get your bike inside, tucked into a corner of the garage.  If that’s not an option, at least cover it, and make sure that the entire wheel is covered to prevent dry rot.

Do you have other tips that you have found are helpful in keeping your motorcycle well protected over the winter, so when the spring rolls around you’re ready to get back on the open road?

Herbert Law Group Helps Motorcycle Accident Victims

The best winter preparation can help you avoid an accident when the spring rolls around.  But even the most careful riders can find themselves the victim of a negligent motorist.

If you have been injured in a motorcycle accident, and you were not the at-fault driver, then we need to talk.  Insurance companies will try to diminish your claim and pay out less than what you actually need to fully recover.  We have worked with hundreds of claims, and we know how to fight for you.

Let’s talk about what happened and see how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to establish a plan.

How to Prevent a Mishap on a Bike

We know that riding a motorcycle can be dangerous; you’re much more exposed than those enclosed in a car or truck.  Today, the Car Crash Captain is looking at the top causes of motorcycle accidents, and what those on two wheels and those with four wheels need to pay attention to so nobody gets hurt.

Safety While Riding a Motorcycle

Depending on the statistic, roughly half of motorcycle accidents are the fault of the rider and half are another motorist (some stats put this at 60% other motorists and 40% riders).  Sometimes it’s just the rider losing control, sometimes it’s a negligent motorist, sometimes it’s all parties not paying enough attention.

Whether you’re driving a car, a truck, or riding a motorcycle, be aware of these causes of motorcycle accidents.

Left Hand Turns – Turning left means you’re crossing an oncoming traffic lane.  The majority of fatal motorcycle crashes are because a car or truck turns in front of the motorcycle because they “didn’t see them coming.”  Motorcycles are harder to see, so take a second, third, or fourth look before making that left-hand turn.  For those riding, pay extra attention if an oncoming vehicle is about to turn left.

Lane Changes – Due to the smaller footprint that a rider and the motorcycle make, they fit into that blind spot more easily.  If you’re riding on two wheels, get out of that blind spot quickly.  If you’re driving a vehicle, remember SMOG – Signal, Mirror, Over-the-Shoulder, Go.  Many drivers skip looking over the shoulder where they would have seen the biker and cause a collision.

Open Doors – Cars parked along the side of the road may swing their door open and cause a collision (this is especially a problem with bicycle riders as they tend to ride closer to the edge of the lane).  Just like the previous three scenarios, it’s easier to see an approaching vehicle than a motorcycle, so look another time to be safe.

Speeding – One of the biggest causes of motorcycle accidents and car accidents is people simply going too fast.  If you have 10 miles to drive, driving 50 miles per hour in a 35 mile per hour zone only saves you 5 minutes.  It’s almost never worth the risk.  Besides, being pulled over and written a ticket is going to take much longer than the 5 minutes you were hoping to save.

Distracted Driving – Talking, texting, snapchatting, even applying makeup, eating, or fiddling with the radio – they’re all forms of distracted driving.  Be aware of other drivers and if their actions seem “off” give them a little more room and don’t put yourself in danger.

Driving Under the Influence – We shouldn’t really even need to talk about this.  It’s just a bad idea no matter how “sober” you might feel after drinking.

Road Conditions – A small patch of gravel, a branch, a pile of leaves, or a pothole might not be a big deal for a car (other than the potential for some mechanical issues).  But it’s one of the leading causes of motorcycle accidents because if you lose traction with one of the two wheels, you’re quite likely to wreck.

Herbert Law Group Works with Motorcycle Accident Victims

When you’re riding on two wheels, and you’re the victim of someone else’s negligent driving, you shouldn’t have to face off with the insurance companies by yourself.

Let Herbert Law Group do the hard legal work for you.  You focus on healing from your injuries.

Before we can help, though, we need to know what happened.  Call our office at 214-414-3808, or fill out the contact form on our site, and let’s have a free conversation about what happened.

Road Rash is a Common Injury in a Motorcycle Crash

Riding leaves you open to all sorts of injuries that those traveling in passenger vehicles don’t have to worry about.  While we tend to focus on the big issues – like broken bones and traumatic brain injuries – road rash can get ignored or brushed aside.

Scraping along the pavement, however, opens up the skin and can cause gravel, debris, and dirt to be embedded in the tissue.  It can seem minor, but these injuries can end up causing big problems down the road. The Car Crash Captain has the details on what to know about when dealing with road rash after a motorcycle accident.

Road Rash Varies in Severity

If you crash on your bike, there’s very little chance that you won’t slide across the pavement.  The protective gear that’s worn can determine the extent of the road rash suffered.

Similar to sunburns, there are three stages of road rash.

A first-degree road rash damages the epidermis, the outside layer of the skin.  It’s more superficial than anything, and should heal completely if treated quickly and properly.  In the less severe cases, there’s minimal bleeding.

Second-degree road rash goes a little deeper.  Not only is the outer layer of skin torn, but the other layers are as well.  This can result in much more bleeding, but with proper care the injury should still heal – albeit they will take longer than the first-degree road rash.

Third-degree are the most serious.  The road rash breaks through all layers of skin and tendons or muscle are exposed.  Significant bleeding occurs, and even with proper treatment scarring is inevitable.

How to Treat Road Rash

No matter what severity, road rash should always be treated at the hospital following a wreck.  This ensures that proper care is received, and there is a history of medical treatment that can be easily cited if insurance companies aren’t playing nice with your settlement.

First-degree should only need light cleaning to remove any dirt or debris.  Sanitized and wrapped in a bandage to help keep the area clean.

Second-degree will need more extensive treatment, but it will largely look the same.  Some of the deeper lacerations or gashes might need to be stitched closed.

Third-degree need to be cleaned and stabilized, but ultimately may end with skin grafts to help them heal without major disfigurement.

Complications that Can Arise

No matter what degree, improper treatment can lead to infection.  If that occurs, then major medical issues can arise including infection or blood poisoning.  Untreated, these can be fatal.

Even when the infections or sepsis (also called blood poisoning) are caught and treated, they can still lead to furthering complications.  Those complications can lead to other illnesses, or in some cases amputation is necessary to remove the limb that is too badly damaged.

Herbert Law Group Helps You Recover

Most insurance companies will offer a settlement that covers everything you can see at the moment.  If you have hospital bills, damage to your motorcycle, and lost wages, they’ll quickly tabulate them and offer the settlement.

What they’re hoping for is that you will accept the settlement offer, but then if future complications that arise, you are stuck paying for them yourself.

That’s why you need Herbert Law Group on your side.  We know what you need to fully heal, and we’re ready to go to court when necessary to argue on your behalf.

If you’ve been in a motorcycle wreck, whether your injuries were “only” road rash, or something more, then we should talk about what happened.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you for a free initial consultation.

A Motorcycle Wreck While Speeding Isn’t a Deal Breaker

While riding on two wheels it can be tempting to test the limits of the bike.  How fast can you go?  How quickly can you speed up?  How much wind can you feel in your face?  The reality is that if you crash while speeding, it might be harder to recover damages; even if you’re the victim.

But it might not be impossible.  The Car Crash Captain has some details on what to consider, and how this could all play out.

Texas is a Modified Comparative Negligence State

Most states follow a modified comparative negligence stance when it comes to victims and what restitution they can seek.  Because some of these terms and laws can get a bit confusing, you want to have a personal injury lawyer, like Herbert Law Group, on your side.

In Texas, the rule is called proportionate responsibility.  What it boils down to is that if the victim is partially at fault, their compensation will be reduced proportionately.  So, if you’re riding your motorcycle and you’re speeding, then another vehicle turns in front of you causing you to crash into them, you could be found to be partially at fault.  Suppose it is determined that you are 25% at fault and the other driver is 75% at fault – you may only be able to collect 75% of the compensation that would otherwise be awarded to you.

How to Prove Fault

Because your compensation can be reduced, it’s important to know how to prove that you weren’t at fault.  Perhaps you were speeding by only one or two miles per hour over the speed limit – you’re still speeding and could have your settlement reduced.  But would those two miles per hour really have changed anything?

• Eye witness testimony is valuable to dispute claims of excessive speed or reckless driving.
• Accident reconstruction can help determine the extent that speeding played a part in the wreck.
• Traffic laws can be used for and against your case.
• Video evidence can be pulled from dash cams, helmet cams, and even privately or publicly owned surveillance equipment.

Your motorcycle crash attorney will know the best course of action to figure out which method of proving, or disproving, fault is going to be the most effective.

Arguing for Compensation from Insurance

Regardless of who is at fault, the fact remains that you were injured in a crash, and you need a settlement to ensure you’re going to be able to heal.  There are ways your attorney can help to show that even if you were speeding, the crash was bound to happen because you weren’t at fault.

The primary method is going to be showing that the other party’s negligence was the primary cause of the crash.

Arguing that speed did not significantly contribute to the crash, and other factors were more critical will help too.

It may be required to challenge the speed evidence.  Perhaps the only “evidence” was a witness that said it “looked like” you were speeding.

There are numerous ways to ensure that you’re being treated fairly.  These aren’t done sneakily or by twisting the truth, they’re done by proving you were injured and need to be made whole again regardless of other circumstances.

Herbert Law Group Helps Motorcycle Crash Victims

Proving negligence can get tricky sometimes.  And that’s exactly why Herbert Law Group helps motorcycle accident victims.  Many people automatically assume the rider was to blame, and not the motorist.

If you’ve been injured, you have one goal: to heal.  So, let’s take the stress of dealing with insurance companies and the legal system off your plate.  Call Herbert Law Group at 214-414-3808, or fill out the contact form on our site.  We’ll chat about what happened, and see how we can help.

Safety Gear Can Change Sentiment

We all know the importance of staying safe on the roads.  For those who travel on two-wheels, equipment and gear can be the difference between walking away, minor injuries, serious injuries, or death.

But often that safety gear can do even more than you realize.  If you’re wearing all of the right protective gear, and you’re properly trained riding a modern bike, but you’re still injured in a motorcycle accident, your claim could work out better than expected.  The Car Crash Captain explains.

Using the Right Safety Gear

Staying safe while riding requires understanding how traffic is moving, proper handling of your own motorcycle, and also wearing the proper safety gear.

Safety gear essentially boils down to clothing.  Riding in shorts and a t-shirt do little to protect the rider from scrapes, burns, lesions, broken bones, and more.  Instead, the proper gloves, jackets, and even body armor will ensure that minimal damage is done to the rider in the event of a wreck.

Check out our previous blog post on protective clothing to see what you should be paying attention to.

Helmets and Proper Usage

In addition to clothing, one of the most important pieces of safety gear you can own (and use) is the helmet.  Keep in mind that not all helmets are created equal – some will provide adequate protection, while others will do little more than provide a complete motorcycle rider look.

In the US, helmets that will meet the top safety standards are those that are DOT approved.  In fact, to be street legal they have to meet the DOT approval.  You can read all about the DOT approved helmets on our DOT helmet blog.

Other Protective Gear

There is one last piece of protective gear that many people tend to overlook.  Fortunately, it’s built into the best helmets on the market, but some helmets don’t include it.

We’re talking about eye protection.  When you’re whipping down the road at 35 miles per hour, or more, it doesn’t take much to cause some extensive damage to the eye.  A wayward bug, a falling leaf, or even a spec of dust may irritate just enough to start the cause and effect to lose control of the bike.

Learn about eye protection on our previous post where we weigh the pros and cons of different forms of eye protection.

Bike Modifications

There are, just a few more aspects of safety gear that we should go over.  Often motorcycles come with minimal amenities.  Just like cars have different trim levels, your bike may have come as more-or-less a bare bones model.  There are modifications that can be done to upgrade to a safer ride.

One of those is adding crash bars.  These things help to provide a little buffer in the event that you do wreck, and can stave off some of the more serious injuries.  Learn more about those crash bars and other safety gear in our post from 2023.

Herbert Law Group Helps with Your Motorcycle Accident Case

This is all important, and that safety gear can reduce the injuries sustained, but how does that help if you’ve been in a wreck and you’re seriously injured?

Often, insurance companies can try to play games with the claims.  It’s not legal, but they can throw things out there like, “Well, if proper gear had been worn, the bones wouldn’t have broken, our settlement offer reflects that.”

Of course, they’re usually sneakier about it.  When you do wear the proper gear, and the injuries are still severe, we can argue that you did everything right, but you’re the victim of another driver’s negligence.  Your settlement can increase, go more smoothly, and ultimately, you’re on the road to recovery sooner.

Let’s find out what happened.  Call our offices at 214-414-2808, or fill out our contact form, and we’ll have a free conversation and determine a plan of action.

Motorcycle Accident Bias Can be a Problem

That’s certainly quite the mouthful of a title.  However, if we break it down, we can see there are a number of moving parts to this idea; many of them lead to motorcycle accident bias in the courtroom and in other legal situations.  We experience it every day, so let’s check out how the Car Crash Captain explains what’s going on here.

What Cultural Stereotypes Surround Motorcycles?

When you think of a biker, what comes to mind?  Most likely you have two images.

You think of the big bad biker riding a Harley Davidson.  A no-nonsense attitude, handlebar mustache, and a vest with a bunch of patches on it that you have no idea what they mean.  He would never wear a helmet in a million years.

Or, you think of a younger guy on a street bike that can go from 0 to 100 in under 3 seconds.  Probably wearing some protective gear (or maybe just a hoodie), and a helmet with a tint so dark you can’t hardly shine a light through it.  You hear him coming from a mile away as him and his buddies “race” through the city.

Of course, neither of these groups represent the majority of motorcycle riders.  They’re just two categories of riders.

How do these Stereotypes Influence the Public?

It doesn’t help that the stereotypes are perpetuated and often depicted poorly by the media.

TV shows and movies show both stereotypes in a poor light.  One is an outlaw, bent on doing whatever he pleases with no regard for authority.  The other is a street-racing punk, whipping through traffic and breaking all sorts of traffic laws.

The news doesn’t make things much better.  Nobody is going to click and read a story about a middle-aged man who carefully rides his motorcycle to work each day so he can ease congested traffic, save money on gas, and find a better parking space.  Reports like that from 2013 of a group of bikers chasing down a Range Rover in NYC do, however, get a lot of attention.

As these stereotypes are perpetuated, it puts a bad taste in the public’s mouth.  Suddenly ALL riders are seen as terrible people that break the laws.  And if they’re in a motorcycle wreck, well, it was probably their own fault… right?

This Leads to an Influence on Insurance and Juries

Since insurance companies, judges, and juries are all human beings, they have likely been subjected to the poor depiction of those who ride motorcycles.  Even though their jobs are to come into this as unbiased as possible, it’s hard to shake those cultural stereotypes that have been perpetuated for years.

If you’ve been in a motorcycle wreck in Texas, even if you were following every law, it’s automatically assumed that you were speeding or otherwise riding carelessly or recklessly – even though that wasn’t the case.

Insurance companies may more quickly deny a claim, juries may need extra convincing that you’re an upstanding citizen and a safe rider, and overall, it’s a harder fight to show that you were innocent and are the victim.

How Herbert Law Group Helps Overcome Motorcycle Accident Bias

That’s why you need Herbert Law Group on your side.

We have handled a lot of cases that involve motorcycle wrecks.  We know how to show that you weren’t riding dangerously, and we know how to show that your needs are way higher than what the insurance company settlement is likely to be.

Long before you’re in a wreck, know that Herbert Law Group has your back.  Also, get some sort of helmet-cam or handlebar cam.  It’s much harder to refute video evidence if it comes down to that.

If you have already been in a wreck, or your loved one was killed in a wreck, then we should talk immediately.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch for a free conversation to find out exactly what happened.

Motorcycle Riders Have to be Extra Cautious

We know that riding a motorcycle carries more risk than driving in other motor vehicles.  And it’s pretty clear that being extra diligent, and riding as though you’re invisible are the best ways to avoid wrecks, it’s also important to know that there are some strange factors that can lead to a motorcycle wreck.  Often, these aren’t even concerns for other motorists, but those on two wheels need to pay attention.

Let’s check in with the Car Crash Captain and discover the top 6 strange factors that can lead to a Texas motorcycle wreck.

Strange Factors that Cause Bike Wrecks

Before we get into this, we have to remember that these are the rare causes; the strange factors.  Still, the number one cause of motorcycle wrecks is inattentive drivers (usually turning left in front of a motorcycle they “didn’t see”).

Unsecured Loads from Other Vehicles

When we think of unsecured loads, our minds will generally go big.  Remember on the movie Final Destination when the logs come tumbling out of the logging truck?

In reality, unsecured cargo is more likely to fly out of the back of a pickup truck.  Often, it’s when someone is moving across town and they pile as much into the back as possible, throw a small little bungee cord on it, and call it good.  But even more likely is trash that’s in the back of a truck blowing out and causing a biker behind them to lose control.

Grass Clippings or Leaves on the Roadway

When you’re cruising in your car, you probably don’t think twice about some grass clippings that a mower has thrown into the street.  In the fall, if there’s a little pile of leaves, no big deal.

On two wheels, however, those become huge deals.  Grass clippings and leaves are slick – almost to the point of being as slick as hitting a patch of ice.  It only takes a split second to lose control.  While an experienced rider may be able to quickly avoid the situation, if they’re on a busy road avoiding the grass may lead to colliding with a vehicle.

Animal Carcasses from other Wrecks

Animal strikes are rare, but what’s even weirder is hitting an animal that has already been hit.  A living animal can at least get out of the way on its own, and while it’s up and about it’s a little easier to see.

However, when the animal has already been killed, its lower profile means it’s harder to see.  Similar to hitting those grass clippings or leaves, hitting a dead animal can cause wheels to break free from their traction, and the rider can lose control.

Speeds of Greater than 30 Miles Per Hour

Interestingly enough, most bike wrecks don’t happen at high speeds.  It’s true that higher speeds lead to a greater risk of a fatal accident, but that doesn’t mean fast equals crash.

In fact, a study done by the National Highway Traffic Safety Administration found that the majority of motorcycle wrecks happen at 29.8 miles per hour.  Meaning that speed to be the cause of the wreck is actually quite rare.

Of course, high speed wrecks are what make the news and usually result in loss of life – which is why they seem to be much more of a problem.

Road Striping

We usually see the lines on the road as there for our safety.  They help us know which lane is which, if we have to turn or go straight, or give us a marking before which we are supposed to stop.

Those same lines, however, can become incredibly slick if they’re wet, or if the weather gets really hot.  In a car, it’s no big deal if one wheel slips a little bit on a slick bit of road striping.  In a motorcycle one wheel slipping can mean the rider loses control of the entire bike.

Herbert Law Group Works with Motorcycle Accident Victims

Even if strange factors weren’t the cause of your motorcycle wreck, if you were the victim, we should have a chat.  Most insurance settlements won’t take into account all of the factors, and you may not be offered the compensation you truly need and deserve to heal.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch with for a free initial conversation.

Should Helmets be Required for Motorcycle Riders?

The debate on whether or not helmets should be required for all riders isn’t a new one.  Some say helmet laws will do wonders to help save lives, reduce economic impacts, and encourage safer riders.  Others say helmet laws only infringe on personal freedoms, and do little other than allow the government to have more control over our lives.

Let’s dig in as the Car Crash Captain lays out what the arguments for, and against, these helmet laws are, and see what we can do to make the roads safer for everyone – regardless of how many wheels their vehicle has.

Variations of Helmet Laws by State

Each state gets to make their own rules on whether or not they want to require helmets for all riders, some riders, or no riders.

States like California and New York have universal helmet laws.  They require all riders and passengers to wear helmets at all times.

States like Iowa and New Hampshire have no helmet laws.  Passengers and riders can choose to wear a helmet, but they’re not required to do so.

Some states, like Texas, have partial helmet laws.  In these states only those who do not meet requirements must wear helmets; the rest get to choose if it’s right for them or not.

Legal and Ethical Dilemmas of Helmet Laws

The evidence for wearing helmets is overwhelming.  Study after study and report after report show that wearing a helmet significantly reduces the probability of being critically injured or killed in a motorcycle wreck.

Those who want to see helmets required for all riders and passengers cite sources like the CDC, where reports show that when universal helmet laws are instated, fatal motorcycle wrecks decrease by 30%.

Despite the abundance of evidence that helmets save lives, personal freedom still reigns supreme.  Many states that don’t have universal helmet laws give the choice back to the people.  Adults have the right to choose if they’re going to take the risk, or not.

Of course, the mandates and laws go beyond merely a personal choice.

Healthcare costs for treating traumatic brain injuries after a motorcycle wreck are substantial.  Even with medical insurance and healthcare coverage, costs are often passed on to the tax payer – more people being treated for preventable injuries means that others are subsidizing care for those injured in an otherwise preventable manner.

Even with insurance, the economic impact extends to the other insurance holders.  More claims mean rates go up for everyone.  With a universal helmet law, rates could go down for everyone as overall fewer claims and less severe injuries means lower expenses for the insuring company.

How Texas Handles Helmet Laws

In Texas there are two factors that would mean you have to wear a helmet while riding.  Those under the age of 21, and those who don’t have adequate insurance to cover motorcycle accident injuries, must wear helmets at all times.  For those over age 21 and have the proper insurance, the choice to wear a helmet or not resides with the rider.

If you were to wreck in a state that required a helmet, and you weren’t wearing a helmet, your overall settlement could be reduced as you were negligent in your conduct.

However, in Texas, if you’re following the laws (and circumstances surrounding the wreck), your compensation might not be affected by the choice not to wear a helmet.  This does get a little murky, however, since Texas follows the comparative negligence rule – if you’re found to be more than 50% at fault you can’t recover damages.  If you’re found to be less than 50% at fault (but more than 0%) your compensation is reduced.

Herbert Law Group is Here to Help You

Whether you’re wearing a helmet or not, being involved in a motorcycle wreck is going to have long-lasting and wide-spread impact on your life.  The last thing you, or your loved ones, want to do is wonder if a helmet law would have prevented the wreck, reduced injuries, or otherwise changed the outcome.

What you do want is justice.  You want things to move quickly, to progress without delay, so you can get back to living your life.

That’s where Herbert Law comes into play.  We’ll work out the legal stuff, you work on healing from your injuries.  First, though, we need to talk about what happened.  Give us a call at 214-414-3808, or fill out the contact form on our site, and we’ll have a free talk to figure out the next steps.