The Right Riding Gear Also Builds a Stronger Case

It happens thousands of times a year across the country.  A seasoned rider is being safe on the Richardson, Texas roads, and still a negligent motorist cuts them off, turns in front of them, or otherwise violates their rights.  If you’re the motorcycle rider, you’re not to blame, but the outcome still depends on how you reacted.

What you do before the crash can have a significant impact on the outcome.  Today the Car Crash Captain is looking at how protective gear actually plays more than one role.  It can help you respond to negligent drivers sooner, and it can reduce the severity of the injuries you may incur if you do still wreck.

The Right Riding Gear Helps You React Faster

We know the importance of safety.  A DOT approved helmet substantially reduces your risks of death or traumatic brain injury.  And proper pads help reduce the risk of severe lacerations and road rash.  But did you know that the right gear helps to reduce bulk, improves your mobility, and optimizes comfort while you ride?

When you’re comfortable, your body isn’t working as hard.  You don’t become fatigued, you vision and motion isn’t as restricted, and you can react much faster than if you don’t have exactly the right riding gear.

Most of the time, you’ll be riding in the Texas heat.  Having gear that protects you can sometimes be too bulky, and you get overheated.  A study published in 2019 looked at protective clothing and found that if you’re wearing gear that isn’t properly ventilated, your reaction times become significantly slower.

Even if you can react just half a second faster, you increase your chances of avoiding a wreck and potentially serious injuries.  Lighter, well-fitting, armored jackets and pants that are made for hot climates allow you better movement and vision.

The Right Riding Gear Reduces Injuries

There will always be those that don’t believe gear can reduce injuries.  They take the risk of riding without a helmet so they can experience the freedom that comes with the wind in your hair on the open road.

But there’s no denying the studies.  Gear is studied intensively because if a company makes something that’s supposed to protect, and it doesn’t live up to the claims, they can get in a lot of trouble.  So, choosing the right gear means you’re choosing a ride with less risk.

One study showed that riders who wore motorcycle jackets had a relative risk of 0.79 (meaning they were 21% less likely to be hospitalized than those who didn’t wear a jacket.  If they wore protective pants, they had a 51% lower chance, and protective gloves reduced the risk by 59%.

Another study showed that protective clothing significantly reduced soft-tissue injuries, but didn’t help as much for fractures (which is why body armor style is worn by many riders).

If you’re hit by a negligent driver, the severity of your injury can affect your medical bills, recovery tie, lost wages, pain and suffering, and more.  Wearing the right protective gear shows that you were doing everything you could to ride safely, but you were still injured.  This strengthens your case because despite the protection, you were still injured because of someone else’s wrongdoing.

Choosing the Right Gear for Riding in Texas

So, if you’re riding in Texas, what should you look for?

• CE certified armor at the joints, shoulders, and hips work well.
• Find materials that balance protection, mobility, and ventilation (especially for those summer rides).
• Ensure a snug fit, but one that doesn’t reduce your range of motion.
• Consider lighter armored pants instead of heavier overalls for mobility.

Then, be alert when you ride, and be defensive.

What if You’re Injured in a DFW Area Motorcycle Wreck?

If you are taking all the right precautions, and a negligent driver still causes you pain and suffering, then you need to speak with motorcycle wreck lawyer from Herbert Law Group right away.

We have the experience necessary to ensure a strong argument for your justice.  Whether you were in Richardson, Plano, or anywhere else in the Dallas area, we’re here to help you receive the compensation you deserve to fully cover your injuries.

First, though, we need to know what happened.  Let’s chat about it with a free consultation.  Just call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you.

How to Stay Safe on Texas Roads and Highways

Every day, another Texas motorcycle rider doesn’t make it home.  Because Texas consistently ranks number one or number two in the most motorcycle deaths nationwide.  In 2023, the most recent data available, the NHTSA reports there were 6,335 motorcyclists killed nationwide.  Out of those, nearly 10% of them (599) occurred in Texas – a 7% increase from 2022.  Two other states, Florida and California, also have a high number of fatal wrecks each year, and in most of these wrecks, another driver was the at-fault driver.  The Car Crash Captain explores this a little bit more.

Why Texas Roads are So Dangerous for Riders

The most dangerous state for motorcycles is due to a variety of factors that all come into play to make the perfect storm.  If you notice, the top three most dangerous states are three states with large populations, and year-round riding weather.  As populations continue to grow, things continue to get worse.

Texas leads the nation in number of rural highway miles.  These large stretches of roads are difficult to maintain, and tempting to speed down.  Even the posted speed limit between Austin and Seguin is a roaring 85 miles per hour, with many other highways topping out at 80.  These high speeds mean the likelihood of death in an accident is higher.

It’s not just rural driving, though.  Expanding populations and the ever-increasing problem of distracted driving means that more and more people are on the roads while staring at their phones.  Cities like Austin, Houston, and Dallas have seen large increases in population in the last 5 years, meaning motorcycle riders must be even more diligent to watch out for themselves.

Then, of course, are the regular hazards.  Wildlife, road debris, and weather affect a lot of riders regardless of where they live.

How Texas Laws Effect Motorcycle Safety

There are a few laws that Texas has in place that aren’t helping the situation either.

Riders over the age of 21, who have completed a safety course or carry the proper insurance, don’t have to wear helmets.  While we value our freedoms here in the Lone Star State, it’s important to know that those freedoms mean higher deaths.

Ironically, the state still maintains its stance on lane splitting – it’s technically still illegal.  Opponents of lane splitting claim that it causes more accidents. However, the studies do show that safety increases when lane splitting is allowed.  Keep in mind that lane splitting (and lane filtering) have requirements.  When they’re ignored they can lead to worse wrecks, but when done properly, these maneuvers help save lives.

Reduce Your Risk of Being Hit

The best way to reduce fatal motorcycle accidents is to ensure other motorists are watching for the two-wheeled vehicles.  However, relying on someone else to do the right thing isn’t always the best measure.  To survive a ride in the most dangerous state for motorcycles, the riders themselves should be hypervigilant to ensure their own safety.  This means:

• Assume other drivers don’t see you.
• Wear reflective gear.
• Wear the proper safety gear.
• Avoid blind spots and maintain extra distance at intersections.
• Wear your helmet.
• Obey traffic laws (especially speed).

There will always be people on the road who don’t seem to be concerned about saving the life of a motorcyclist, so make sure you’re very aware of your surroundings so you don’t get wrecked.

Herbert Law Group Helps Motorcycle Accident Victims

Even the best drivers can be the victim of another driver’s poor decisions.  If you have been injured in a motorcycle wreck, or if you have a loved one that was killed by a negligent driver, then we should talk.  Herbert Law Group has a long history of helping motorcycle accident victims find the compensation they deserve after a wreck.  First, we have to have a conversation about how we can help.

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

PTSD and Mental Health Issues Often Go Untreated

Imagine riding safely and you’re hit be a negligent motorist.  Maybe the changed lanes and sideswiped you, maybe they ran a stop sign, or perhaps they turned left in front of you.  However it happened, you end up with minor injuries; you got off lucky, right?  But in the coming weeks you find you’re unable to sleep, you wake from nightmares.  Sights, sounds, and events trigger flashbacks.  You develop anxiety over the road, work suffers, and you end up not wanting to do anything but stay in the safety of your own house.

It’s not the physical injuries that set you back.  It’s the mental anguish that you can’t see, don’t understand, and are unable to heal from without professional help that are the issues.  The Car Crash Captain explores these concepts.

PTSD and Mental Health After a Wreck

Emotional trauma and mental anguish are two very real injuries that people suffer after a wreck.  PTSD is one of those traumas that can occur and severely diminish your quality of life.

PTSD, Post Traumatic Stress Disorder, is often seen as something those coming back from war experience.  Those times in the middle of battler, are certainly traumatic, and the memories and effects can linger for years.

However, a wreck can be just as traumatic.  PTSD symptoms can include:

• Flashbacks
• Anxiety
• Nightmares
• Avoidance
• Hypervigilance

These symptoms get worse depending on the severity of the accident, the extend of the injuries, and if someone lost their life in the wreck.  They can create issues in relationships, diminished ability to work, and overall an inability to enjoy life the way you did before the wreck occurred.

Toughing them out might seem like a reasonable thing to do, however, that can cause the PTSD and mental health issues to linger for years.  By taking care of the issues right away, life can be restored to as close to normal as possible.

Texas Law Regarding Mental Health After a Motorcycle Wreck

If you’ve been in a wreck, the insurance companies will likely take a look at the damages to your motorcycle and your property, then look at your medical expenses, and offer you a settlement.  On the surface, it might look like your needs are covered – you get paid for the damage to your bike, lost wages, medical bills, and the like are all accounted for.  If you accept that settlement, though, you might not have your emotional damages covered.

Here in Texas, if you’re injured in a wreck, you can file a claim that includes mental anguish as well as those physical injuries that are easy to see.  These hidden injuries can include:

• Mental Anguish
• PTSD
• Loss of Consortium
• Pain and Suffering

You need to heal from physical injuries and mental injuries.  Neglecting one or the other doesn’t account for total healing.

How to Heal from Emotional Trauma

If you broke your leg, you wouldn’t just wrap a bandage around it and hope for the best.  If you sliced open your arm, you wouldn’t just tape it up and hope it heals.  If you are hurt mentally, why would you be expected to cover over it and think it will go away on its own?

After a wreck, your emotional trauma needs to be addressed.

Seek help from a professional therapist, psychiatrist, or a counselor.  Work through the issues with them.  Be fully transparent and honest; if you’re having issues sleeping, or performing in bed, don’t diminish those aspects.  You’re the victim, these issues are the result of something that happened to you, not because of you.

Keep track of all medical bills and costs, including those that are directly related.  Travel costs, missed work, and any costs you incurred that wouldn’t be there if you hadn’t been injured all need to be accounted for.

Stay consistent with your therapies, and let Herbert Law Group use the law to ensure you are reimbursed adequately.

Herbert Law Group Helps Motorcycle Accident Victims in Texas

The most important thing to remember after you’ve been injured in a wreck: you shouldn’t go at this alone.

Your body is injured, your mental health is injured, and you have a lot on your plate.  Will you be able to dedicate the time to learn the law, argue and negotiate with insurance companies, determine what a proper settlement will look like, all while you’re healing?

That’s why we are here.

Let’s chat about what happened, and determine our best plan of attack.  Call the Herbert Law Group office at 214-414-3808 (or fill out the contact form on our site), and let’s have a free conversation.

These 4 Wrecks Make Up Most Motorcycle Crashes

In Texas, and around the country, motorcyclists are especially at risk.  The small size and lack of awareness by other drivers mean that when you ride on two wheels, you have to be cautious.  There are plenty of ways to get in a wreck on your bike, these four refer to those where you, the motorcycle rider, are the victim and the other motorist is at fault.

Keep reading as the Car Crash Captain explains the Texas law and the four types of motorcycle crashes you’ll want to watch out for.

Lane-Change or Sideswipe Crashes

When a vehicle moves into your lane without warning or clearance, it can cause a sideswipe accident.  These can happen at any speed, with the greater speeds leading to a more dangerous and deadly accident.  Texas transportation code states that drivers must stay within their lane unless it’s safe to move, and when crossing the lines, they have to use their signal.  In other words, if you’re already in that lane, and someone merges into you, they’re almost certainly the at-fault driver.

Rear-End Collisions

Getting rear-ended almost always happens at a stop light, or in stop-and-go traffic.  Another driver isn’t paying attention, and can’t stop in time.  Texas has what’s call a rebuttal presumption: the striking driver is presumed to be at fault unless they prove otherwise.  This means that if you pulled out immediately in front of them, and they can show they didn’t have time to stop, you would be at fault.  Read more about rear-end collisions on a motorcycle.

T-Bone or Side-Impact Crashes

Most fatal motorcycle accidents are side-impact crashes.  They occur when the motorcycle is traveling straight, and the other motorist turns left in front of them.  The most common excuse when this happens is, “I didn’t see the motorcycle.”  That does not, of course, eliminate liability.  When you’re riding, watch for vehicles turning left in front of you, and assume they don’t see you coming.

Dooring Accidents

When a driver swings their door open into the lane with traffic, things can go bad quickly.  You’ve seen it in the movies, where a driver opens their door and a bicyclist gets nailed – usually in a comedic way.  When it happens in real life, however, there’s nothing funny about it.  Texas transportation code states that drivers may not open their vehicle into a lane of traffic unless it’s clear to do so, and they can’t leave it open longer than necessary to load or unload passengers.

Herbert Law Group Helps Motorcycle Accident Victims

Even if one of these four types of motorcycle crashes didn’t happen to you, if you were injured in a wreck, you need a lawyer.  Herbert Law Group has a long history of helping motorcycle accident victims find the justice they deserve.

There’s no reason you should struggle to heal, deal with insurance, and figure out how to get around all on your own.  You should focus on recovering from your injuries, and letting us handle the hard stuff.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to see how we can help you recover.

Rear-End Motorcycle Accidents Are Common

The NHTSA reports that approximately 25% of motorcycle crashes are rear-end collisions.  Most commonly they occur when the rider is stopped in traffic, and the incoming motorist fails to slow or stop in time.  Even a minor impact can have severe consequences as riders may be thrown from their bike and subject to severe injuries.  The Car Crash Captain explores what’s going on, and what you should know if you’ve been injured in a rear-end motorcycle accident.

Why Riders are Vulnerable in Rear-End Motorcycle Accidents

It’s easy to see that those on motorcycles are more susceptible to injury simply because they don’t have a protective box around them.

If a car is rear-ended, then whiplash is a common injury due to the sudden jerking motion of the head.  This can happen on a motorcycle, however, that is likely going to be the least of the rider’s worries.

Head trauma, spinal injuries, and rib and pelvic fractures are common in motorcycle accidents.  Being thrown from the bike causes the body to often hit pavement or another vehicle in a way that damage is done to one of these major areas.

Road rash isn’t as big of a concern when speeds are slow, however it can still be a problem if protective clothing hasn’t been worn.  Internal organ damage, lacerations, and fractures are other injuries that are common as a severe rear-end motorcycle accident can lift the entire motorcycle up and flip the rider into the air.

What is Presumed Negligence?

In many areas, including Texas, have a law that says when you’re involved in a rear-end accident, the driver behind (the one that does the rear-ending) is presumed to be at fault.

There are times, however, when this can be challenged.  Brake checking, for example, that leads to a rear-end accident, can be challenged and the person doing the brake checking might be held liable, or at least partially liable.

Causes of Rear-End Motorcycle Accidents

The primary cause of a rear-end motorcycle accident: following too closely.  Motorcycles are lighter than other vehicles, and they not only can accelerate faster than a car, but they can stop faster as well.  When a motorist is following too closely, and the biker has to brake suddenly, the motorist doesn’t have time to react before crashing into the back of them.

This doesn’t mean there aren’t other causes as well.

• Distracted driving remains an issue.  Combined with the smaller size making a motorcycle and its rider harder to see means glancing at your phone can have terrible consequences.
• Driver fatigue means slower reaction times.
• Driving under the influence is still a problem and with all the public transit and rideshare options it really shouldn’t be.
• Road rage can kill people.

If you ride, you have to be extra diligent to watch out for the poor driving behavior of other people, as well as maintain your own riding.

Establishing Fault – Evidence that Helps Your Case

Insurance companies love to argue that the motorcyclist was in the wrong.  Because when you read the news about a bike wreck, it’s often the sensationalized ones where the rider was ripping through the streets at 100mph without regard to others.  However, that’s only a fraction of the actual motorcycle wrecks.

Instead, over 60% of wrecks are actually the fault of the other motorist (some studies put that number even higher).  Because there is an automatic bias against the biker gathering evidence is key.

Photos of the crash scene, eyewitness statements, and a police report that details citations and observations are key to helping establish fault and ultimately build your case.

Talk with Herbert Law Group Before the Insurance Companies

But what’s really going to help you receive the compensation you need to fully recover from your injuries is an experienced motorcycle wreck lawyer here in Texas.

Herbert Law Group knows how to deal with insurance companies, and how to fight for the maximum when it comes to your well-being.  Before you talk with anyone representing an insurance company, we need to have a conversation.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll figure out how we can help, and how you can find justice after a rear-end motorcycle accident.

Motorcycle Crashes in Texas are Trending Upward

With all of the awareness regarding sharing the road with motorcycles, it would seem that fatal motorcycle wrecks would be trending downward.  Improved safety on vehicles (and motorcycles), more and more campaigns to look twice and save a life, and the overall news that riders are much more likely to die than other motorists seem to have very little effect because motorcycle fatalities keep going up.  The Car Crash Captain looks at why and what we can do.

The Upward Trend of Motorcycle Crashes

In 2022 there were 563 motorcyclists killed in Texas crashes.  In 2023 that number bumped up to 599, and then dip slightly to 585 in 2024.

In 2024 there were over 9,000 motorcycle crashes that resulted in over 2,500 serious injuries, and the aforementioned deaths.  TxDOT has more information on the trends.

Some years, like 2024, see a slight decrease, but overall, the trend is that there are more motorcyclists being killed on Texas roads.  And that makes us wonder why that might be so.

Why are Fatal Motorcycle Wrecks Increasing?

More than a third of these wrecks happen at intersections, and generally with a left turn where the vehicle crosses oncoming traffic and fails to see the motorcyclist as they’re approaching.

Despite warnings, despite the “motorcycle season,” people still use the excuse that they didn’t see the rider coming and turn in front of them, merge into them, or otherwise cause a wreck that ends badly for the motorcycle rider.

Combine that with a low rate of helmet use (37% of motorcyclists killed in 2024 were not wearing helmets), and the continuing problem with distracted driving (and impaired driving), and the already busy streets are getting more dangerous.

The fact that Texas has grown significantly means more people on the road (The DFW metroplex area has seen over 500,000 people move into the area since 2020).

What Can We do Together?

So, what can we do?  Most of the fatal motorcycle wrecks are caused by inattentive motorists in cars and trucks.  A small percentage are caused by the motorcycle riders themselves as they speed or otherwise drive carelessly or recklessly.

To ensure safety for everyone, everyone has to do a little better.  Motorists need to slow down and look for those on two wheels (especially during peak riding seasons).  Look twice to save a life.  Motorcycle riders have to ride as though they’re invisible.  Be extra vigilant while out.

Here’s a way we can stop the fatal motorcycle wrecks trend.

As you’re driving with your kids, play “spot the motorcycle” game.  Just like any other road game (slug bug, license plates, red cars, etc.) teach your kids to spot the motorcycle.  The first one to see the two-wheeler and call it out gets a point.

Then, when your children are old enough to drive, they’re going to naturally be on the lookout for motorcycle riders, and hopefully the next generation of drivers will see a decrease in fatal motorcycle wrecks.

Have you Been in a Motorcycle Wreck? You Need Herbert Law Group

If you have been injured in a motorcycle wreck, or a loved one was killed in a crash, we should talk.

Herbert Law Group has a history of dealing with insurance companies that like to try to blame the victim.  We know what to pursue, how to push back, and how to get the compensation you need to keep moving forward with your life.

It all starts with a simple conversation about what happened.  Call our offices at 214-414-3808, or fill out the contact form and we’ll reach out to you for a free initial consultation to see how we can help.

Why Hot Weather Increases Risk for Motorcyclists

There are a handful of die-hards who will ride no matter what the weather is throwing at them.  Most who enjoy the open road on two wheels, however, wait for the nicer weather.  Now, as summer is heating up, that wind in your face feels even better.  The summer heat, however, isn’t always the safest for motorcycle riders.  The Car Crash Captain takes a look at how other drivers behave badly in the heat of the summer.

Rising Temperatures Lead to Fatigue

The sun takes a lot out of you.  It might be more accurate to say the summer heat takes a lot out of you.  As your body works harder to cool down, it’s pumping blood to your extremities and into your skin (where the heat can dissipate away).  This means less blood for your muscles, organs, and brain.  For anyone on the road, summer heat induced fatigue can lead to slower reaction times.  Brush up on some of the heat related injuries you, as a rider, could suffer.

Distractions Rise with the Mercury

It seems that clear skies and clear roads should have fewer distractions.  However, that summer heat is bringing them back to you.  Drivers reaching for their iced lattes, fiddling with the AC controls to pump that cool air into the vehicle, and messing with the sun shades can mean they’re not watching out for other motorists – including those on two wheels.

Tourism Brings Traffic

Summer means travel.  And that means our roadways swell up with those who aren’t from around here.  It’s great for the economy, bringing in money from around the country and the world.  But it’s not great for navigating the roads.  Those unfamiliar with driving in the area can make poor decisions.

You can Literally Be Harder to See

When the sun is beating down on roads, we see those little shimmering mirages.  You’ve certainly seen them; they can often look like water on the roadways.  Regardless of how you perceive them, what happens is they distort the driver’s view.  As a motorcycle rider you’re already hard to see.  When you’re distorted, you’re even harder to see.

Herbert Law Group Helps Motorcycle Accident Victims

All this means that when you’re riding your motorcycle in the summer heat, take the regular precautions to ensure you aren’t going to overheat.  Then, you have to be a little bit more diligent to keep an eye out for that inattentive motorist that might otherwise ruin your sunny ride.

If you have been injured in a wreck while you’re riding, let us do the fighting for you.

Herbert Law Group knows how to push back against the insurance companies when they’re being unreasonable, we know what your case is actually worth, and we’ll work hard to ensure you receive a settlement that truly provides justice.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch with you.  It all starts with a free call to figure out what happened, and how we can help you heal.

Rider Fatigue Impacts Focus and Safety

Rider Fatigue isn’t a minor issue; it can become a fatal flaw. Over 40 % of long-distance motorcyclists say report struggling with fatigue while they’re on the road.  Unlike speed or impairment, fatigue remains invisible and behind the scenes.  It often creeps in stealthily and doesn’t show its face until it’s too late.  The Car Crash Captain explores the reasons, and what riders can do to stave off that fatigue and avoid an accident.

What Causes Rider Fatigue

We’ve all been sleepy on the road.  That dull and monotonous thrum of the pavement, the barely changing landscape, and the fact that we’re sitting and not doing a whole lot cause the body to think it’s sleepy time.  On a motorcycle, however, things can compound a bit more.  There are more factors leading to drowsy riding.

Physical Strain – as you cruise down the open road on a motorcycle, you’re not all comfy like in a car.  Vibrations you must compensate, wind in your face, and muscle tension might not seem like much, but after numerous hours, those things add up.

Dehydration – Exposed to the sun, and the wind whipping away your perspiration, mean you can get dehydrated fast without realizing it.

Mental Exhaustion – Riding a motorcycle is thrilling, but other motorists still aren’t paying a whole lot of attention to those on two wheels.  This means riders have to be more vigilant to watch out for every little hazard.

All of those things start to add up.  Combine it with the fact that you may have gotten up early to hit the open road, and your body craves a bit of rest.

Fatigue Warning Signs

As you get fatigued, you might not feel sleepy (drowsiness and fatigue are related, but different).  There are some tell-tale signs that it’s time to pull over and take a little break.

Daydreaming – If you find your mind wandering, it’s likely because your brain is trying to close off as much as possible to save energy.  Daydreaming can lead to closing those eyes; closing those eyes can lead to a bad wreck.

Sore Muscles – Sitting for too long is going to cause sore muscles and joints.  If you’ve been on your motorcycle for so long that you find yourself getting sore, it’s time for a little rest.

Frequent Yawning – We yawn when we’re tired.  Frequent yawning means your body is struggling to pump enough oxygen to the brain.

Slow Reactions – If you notice some near misses that you could usually spot a long way off and avoid, it means your brain isn’t processing things fast enough.

Bad Decisions – Just keep swimming is great if you’re a clown fish.  Just keep riding isn’t a good decision if you’re feeling tired but “almost there, just push through.”

These telltale signs mean you need to take a little break sooner rather than later.  But even before the rider fatigue starts in, there are ways to stave it off so you don’t even get to the warning signs.

Smart Ways to Prevent Rider Fatigue

Long distance riders aren’t out there trying to get from point A to point B.  Some motorists are, the road trip is all about getting to the destination for them.  But for those on two wheels, it’s often the journey they’re after, and not as much about getting to an end point.  This frees up a little room to help with these fatigue busters.

Frequent Breaks – In a car, you can sometimes roll along for 4 hours at a time without worry.  On a motorcycle, plan breaks every 60 to 90 minutes.  Take a look around, explore a bit, discover the area as you recharge.

Hydration – On those frequent stops, sip on your water.  Keep the body nice and hydrated to ensure the brain stays alert.

Eat Right – We’ve all been there, especially on Thanksgiving.  You eat a big meal and your body sends all sorts of blood to the stomach to start the digestion process.  Next thing you know, you’re nodding off while watching football.  Great for a lazy Thursday; terrible on the road.  Eat lighter meals, avoid alcohol, and stay alert.

Better Equipment – If you’re on the open road, comfy seats and handlebars are going to help keep you fresh.  Invest in upgrades to ensure you aren’t spending your energy fighting poorly designed equipment.

The most important tip on preventing rider fatigue, is to not worry about the ego.  If you’re tired, you’re tired, take a little break so you don’t take a long break in the hospital after a motorcycle crash.

Legal Implications after a Motorcycle Wreck

Suppose fatigue gets the best of you, what next?  There are some legal implications that can come into play, even if you’re the victim and not the at-fault party.

Insurance companies know what to look for and how to argue against the victim.  They know what factors come into play that can lower your settlement, or even allow them to deny it completely.  If you’re on a long distance motorcycle trip, they know fatigue is an issue and can argue that you were too tired and you caused the crash.

Those frequent breaks are going to be your lifesaver.  In fact, one little extra step can help prove your case.  Document your breaks and your ride plan.  An email to friends telling your route and planned stops establishes beforehand that you intentionally refreshed.  A quick text along the way, at each break, saying something like, “Taking a break, getting water, a snack, and using the facilities” creates time-stamped proof that you weren’t taking unnecessary risks.

The little things matter when proving innocence, and it really only takes a few minutes.

Herbert Law Group is Here for You

The legal team at Herbert Law Group wants to ensure that motorcycle wreck victims aren’t walked all over by the insurance companies.

When you’re doing the right thing, riding smart and not just long, we can help you if something terrible happens.

Let’s learn about what happened and figure out the best course of action to ensure your settlement is as big as possible.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you for a free, no obligation phone call.

The Road is Getting Deadlier for Texas Motorcyclists

Every time you gear up for a ride, you’re facing odds that are getting worse by the year.  How much deadlier?  In 2023, there were 599 motorcyclists killed on Texas roads; more than any year in the last decade.  While 2024 saw a slight dip in fatal motorcycle accidents, it was still well above the 10-year average.

Why?  What’s causing so many wrecks, and why are there more fatalities than ever before?  The Car Crash Captain looks into the data and what can be done to stay safe out there.

A Decade of Danger – Deaths are Rising

From 2014 to 2021 there was an average of around 7,500 motorcycle crashes per year.  This resulted in an average of 470 deaths.  That changed in 2022 when wrecks spiked to 9,528 that year, and 563 fatalities.  The crash rate and fatality rate has stayed high (9,016 in both ’23 and ’24 with 599 and 585 deaths respectively).  These aren’t just numbers on a screen – each one is a person.  A family shattered, a life altered, and a world suddenly filled with hurt.

What’s going on?  Why the spike?

Why So Many Fatal Motorcycle Accidents?

There are many factors that need to be accounted when we look at why so many people are dying on the roads.

It’s not just speeding either.  That is always a factor, but we have to dig a little deeper to figure out what’s going on.

1 – Dallas, Houston, and Austin lead the state in crash volume.  These densely populated areas mean more traffic and ultimately more wrecks.

2 – Distracted driving continues to be an issue.  Motorcycles are already hard to see; distracted drivers are even more likely to not see them.

3 – Younger riders are skipping the helmet and putting themselves at more risk.

4 – Texas has a lot of rural highways.  Poor lighting, livestock, and two-lane highways can lead to wrecks.

What Riders and Families Should Know

Without a major cultural change (looking three times for bikers) wrecks are going to keep happening.  Because the risk is great, riders need to protect themselves.

Make sure your insurance is top-of-the-line.  After a wreck you don’t want your loved ones to have to worry about anything, so health insurance, life insurance, and underinsured motorist coverage is essential.

Wear your safety gear.  Many people would be alive today if they just put on that helmet.

Be extra aware when on two wheels and four.  It takes an extra second to double check for motorcycles, and you can save a life when you do it.

After a Crash Time Isn’t on Your Side, But We Are

Herbert Law Group wants to make sure you’re taken care of.  Texas roads are more dangerous than ever for motorcyclists.  If you, or someone you love, has been injured or killed in a crash, you need to act quickly to ensure you find justice.

Insurance companies want to pay out as little as possible.  Most of the time their offers aren’t going to be sufficient.

Herbert Law Group has the experience to push back; we know how to be aggressive when we need to be so that you receive compensation that fully covers your needs.

Call us at 214-414-3808, and we’ll have a short conversation about what needs done and get you squared away.  You can also contact us through our form, and we’ll get back to you quickly.

What if The Government is At Fault for Your Motorcycle Wreck?

When we think of motorcycle wrecks, we often think about two motorists colliding.  Many of these wrecks are due to another motorist not paying enough attention, and then colliding with the biker.  What if the government is the at-fault party, though?

The Car Crash Captain takes a look at what can happen if your motorcycle wreck is caused due to city or municipality oversight.

How the City Could be At Fault

According to the Texas Tort Claims Act, governmental entities – which includes cities and municipalities – may be held liable for injuries resulting from road hazards.  This, of course, comes with certain exclusions and provisions.

• Knowledge – The city must have knowledge of the hazardous condition.  Suppose you hit a pothole and wreck, if the pothole is big enough to cause a crash, it has probably been around long enough that they city knows about it.
• Risk – The hazard has to pose an “unreasonable risk of harm.”  If the hazard is some dirt on the road due to city trucks coming and going, that’s probably not an unreasonable risk.
• Negligence – If the hazard is known, and poses a significant risk, the city can’t have it fixed overnight.  But if they ignore or fail to act on the repairs, then it’s considered to be negligent on their part.
• Causation – If all of the other factors are met, it must be shown that the hazard led to the wreck.  If you hit a pothole, but later crash while avoiding a cat in the road, that’s not causation.

Once we establish that the city knew about the hazard, and failed to act in a timely manner to repair it, then we can move forward.

There are Deadlines and Caps

In the Texas Tort Claims Act, there are certain rules to follow when making a claim.  Just like the statue of limitations in any other wreck, a motorcycle wreck with a hazard needs to be submitted in a timely manner.

• Deadline – The deadline to submit a written notice to the city is within six months of the incident.
• Description – That written notice should include a description of what happened, what injuries or damage were sustained, and the time and place of the incident.
• Damages – Damages are capped depending on who is determined to be at fault.  The state caps out at $250,000 per person; most cities cap out at $100,000 per person.

It Might not be The Government’s Fault

Just because the motorcycle wreck happened on a public roadway doesn’t mean the city or government is at fault.  There are instances where another party might be liable.

• Private Property – If the wreck occurred because a hazard was transported from private property onto the roadway, the property owner may be liable.  For instance, if a branch falls into the road.
• Hazards from an Individual – If the hazard comes from another individual.  For instance, if cargo falls out of the back of a pickup or commercial vehicle, the city wouldn’t be liable.
• Construction Companies – Sometimes a construction company might be liable.  If their gravel or dirt spills onto the public roadway, or if their equipment has caused damage to the existing road.

Herbert Law Group Helps Motorcycle Wreck Victims

Regardless of who is responsible for your motorcycle wreck, Herbert Law Group is here to help.  We’re in the business of helping you find justice.

If the city or state government is negligent, we will ensure that your case is pursued so you can receive compensation that helps you heal from your injuries.

If another party was found to be negligent, we will work hard to figure out who is liable, and pursue justice.

Let’s talk about what happened.  Call our offices at 214-414-3808 and we’ll have a free conversation to determine how we can help.  No time for a call right now?  Fill out the contact form and we’ll get something scheduled.