Motorcycle Crash Injuries Take Time to Heal

When you ride your motorcycle, you’re exposed.  You have little protection between you and the rest of the world, and that’s exactly why you love it.  The wind in your face, the unobstructed views, and the feeling of freedom.  Whipping down the highways around Dallas, Texas is exhilarating and freeing.  However, not all motorists are watching out for you.  If you happen to wreck, you’re going to have injuries that can run the gamut from minor to severe.  Let’s dive in as the Car Crash Captain explains how long it will take for common motorcycle crash injuries to heal.

Different Injuries Require Different Timelines

From road rash to traumatic brain injury and everything in between.  Let’s look at some of the common injuries, and how long they’ll take to heal.  This isn’t just a “best guess” scenario either, this is backed by medicine and biology because you can’t rush healing.

Soft Tissue Damage and Road Rash

Scrapes abrasions, and lacerations are going to happen to just about any exposed skin.  Minor abrasions should heal up in about a week or two.  Moderate road rash that gets through the first couple layers of skin can take a few weeks to a month or more.  Severe road rash, that is, something which rips through the skin and gets down to the muscle or even the bone, can start to look better in a month or two, but you’ll deal with issues for a full year at least as scars mature and muscles rehabilitate.

Just because the visible damage looks better, the injury is not healed.

Broken Bones and Fractures

The impact can snap and crack bones.  We all know that broken bones take casts and at least a few weeks to heal.  But there’s more to it than that.

Simple fractures should take about six weeks to three months to heal up.  The body is quite good at repairing bones.  However, complex breaks (the kinds that happen in a severe wreck) can take multiple surgeries and hardware to repair the bones the right way.  These usually take a minimum of three to six months to heal, and often much longer to regain strength and full functioning.

Even when the bone has healed, rehab and functional recovery can last for years after the injury looks better.

Head Injuries

Wearing your helmet is the number one way to prevent traumatic brain injury.  However, these things can still happen.

Mild TBI, such as concussions, can feel better in two to four weeks.  Many of them have symptoms dissipate after around three months.  Full recovery, though, can take up to a year.

Moderate and severe TBI require much longer healing times.  Several months would be a fast paced healing, while most people who suffer from severe TBI will require years of rehabilitation, and often will never fully recover.

Traumatic Brain Injuries are highly individualized.  Some people recover much faster than others, and some can recover from what looks like a permanent injury.  The bottom line is, however, that this “invisible” injury is one that’s highly overlooked by insurance companies.  Even when it’s acknowledged, it’s common for them to downplay just how severe it really is.

Why These Healing Timelines Matter in Your Injury Claim

The problem with filing an insurance claim is that humans tend to look at pain level, visual damage, and loss of functioning.  If your injury looks like it has healed, and your pain is largely gone, you’re good to go, right?  Not so fast.  Being healed isn’t enough.  Instead, we have to take into account imaging, doctor notes, therapy progress, and functional limitations over time.  If the bandages are off, but you can’t live life how you once did, shouldn’t you be compensated?

Furthermore, symptoms can be delayed or change over time.  This is especially true with brain injuries.  At the time of impact, you might feel okay.  But if your head is filling with fluids, that could take a while for symptoms to show up, and then if not acted upon right away, furthering damage can occur.

Rehabilitation time shouldn’t cost you anything.  Physical therapy, occupational therapy, speech and cognitive rehab aren’t just things that are nice to have.  They’re necessary parts of a full recovery, and must be accounted for in the claim.

What Won’t Hurt Your Claim after Motorcycle Crash Injuries

Being injured is scary.  Healing is also scary.  A lot of victims look at what happened, and how they’ve healed, and they’re worried about their claim because they seem to have healed up no problem. Here’s the truth though.

Myth – Minor pain means no serious injury.

Truth – Some injuries don’t physically hurt, but severely impact your quality of life.

Myth – If doctors clear me quickly, my claim is weak.

Truth – Just because you’ve “healed” quickly doesn’t mean rehabilitation won’t take much longer.

Myth – If I will fully recover, I don’t have a strong claim.

Truth – You can fully recover from many injuries; however, they still leave functional limitations, scarring, chronic pain (that comes up later in life), and emotional damage.

You Need Herbert Law Group to Maximize Your Compensation

You need someone that knows how long it takes, and what kind of recovery to expect.  You need Herbert Law Group to help you fight for what you deserve.  You shouldn’t wonder if the settlement will cover everything or if you’ll be stuck paying out of pocket.

Herbert Law Group, from our offices in Richardson, Texas, has helped a lot of motorcycle accident victims.  We know about the common motorcycle crash injuries, what it takes to recover, and the costs associated with them.  Armed with that knowledge, we will fight for you.

Let’s start with a free phone call where we learn what happened and figure out how we can help.  Call our offices at 214-414-3808.  Or, you can fill out our contact form and we’ll be in touch with you as soon as we can.

And Myths that Won’t Make a Big Difference

We all know that there are some things that you might do or say that will hurt your motorcycle wreck claim.  Obviously we don’t want to admit fault (or even use language that could be twisted into admitting fault).  But there are a few more things you’ll want to be aware of so you don’t accidentally hurt your motorcycle injury claim.

But this list wouldn’t be complete if the Car Crash Captain didn’t dive into some of the myths that aren’t actually going to hold you back.  After you touch up on the mistakes to avoid, keep reading as your motorcycle wreck lawyer from Richardson, Texas lays it all out for you.

7 Real Mistakes that Can Hurt Your Injury Claim

These mistakes can genuinely harm you case; potentially derailing it completely.

Delaying Medical Treatment – Insurance companies will see that you didn’t get treated right away, and they can argue that your injuries weren’t actually sustained in the wreck.  Adrenaline can mask pain, so it’s important that you get looked at right away, even if you don’t think the crash was that bad.

Giving a Recorded Statement – After the wreck, insurance will want to get the facts (or at least their version of the facts) and offer a settlement quickly.  The at-fault driver’s insurance will want a statement from you, and they are trained to ask questions that can subtly shift the blame to you.  The only statement you need to give is, “I’m working with Herbert Law Group, please direct all questions to them.”

Admitting Fault – Sometimes you can admit fault on accident.  If you say something like, “I didn’t see them.” Or, “I was probably going a little fast.” Or, “He came out of nowhere!” you might set yourself up for a bad time.  Instead, stick to just the facts and let the evidence speak as to what happened.

Failing to Document – No photos, no witness, no proof.  If you’re injured to the point you need to be rushed to the hospital, you obviously can’t do a lot.  But if you’re able, get plenty of pictures and witness statements.  You’re already fighting bias; evidence is the equalizer.

Skipping Doctor Appointments – If you don’t go in for your follow-up it’s really easy to say, “You must have healed.”

Taking to Social Media – Until all is settled, stay off social media as much as possible.  A picture of you at the gym, out and about, or a comment like, “I got ran over, but I’m fine!” can undo months of work.

Not Talking to Herbert Law Group – Memories fade.  Evidence gets erased.  Deadlines matter.  As soon as you’re able, let’s get the process started so we aren’t left with an uphill battle.

We know what not to do, and by reading this you’re getting familiar with what to do if the unfortunate happens.  But there’s more.

Common Motorcycle Accident Myths that Won’t Automatically Ruin Your Claim

It’s not all doom and gloom.  There are some things you’ll hear often that are “claim killers.”  The reality is that they’re just myths.

If I wasn’t wearing a helmet, I don’t have a case.

There’s no foundation for this.  Helmet use could impact some damages, but the fault is still there.  If another driver caused the crash, they’re still liable for what happened.

Motorcycles are dangerous, so it’s automatically my fault.

The reality is that risk does not mean responsibility.  Drivers have the duty to watch for motorcyclists and share the road.

I wasn’t following the speed limit exactly.

If you’re speeding and you’re hit by someone else, you’re still hit by someone else.  Minor speeding doesn’t eliminate your claim, however, comparative fault might apply.  Compensation may diminish, but it’s rarely wiped out completely.

I didn’t take the ambulance ride, so my injuries aren’t serious.

As we mentioned before, adrenaline does crazy things to the body.  Riders will often decline EMS because they “feel fine,” have cost concerns, or just don’t want to ride in the ambulance.  The reality is that medical records determine severity, not the ambulance ride.

My bike was modified, so insurance won’t pay out.

Unless your modifications were illegal and directly caused the crash, those mods will have zero impact on the case.

I didn’t miss work, so I can’t recover much.

Compensation isn’t just lost wages and medical bills.  There’s pain and suffering, future care, and a diminished quality of life if your injuries cause permanent changes to your body.

Don’t worry about these myths; that’s why you work with a professional motorcycle wreck lawyer.

Get Help from Herbert Law Group

We’re in the business of helping victims recover compensation that will allow them to fully heal.  We’ll deal with the insurance companies, negotiate on your behalf, and maximize your claim.  All you should be focusing on is recovering from those injuries.

How’s this work?

It starts with a free phone call so we can learn what happened and form a plan to find justice.  Call our offices at 214-414-3808, and we’ll get started.  No time for a call right now?  No worries, fill out the contact form and we will reach out to you.

Herbert Law Group serves the Dallas area.  Whether you’re in Frisco, Fort Worth, or anywhere nearby, we’ll ensure you’re treated properly on your injury claim.

Not Seeing isn’t a Legal Defense

After a wreck, when the dust has settled, one of the most common excuses after a motorcycle wreck is the claim that, “I didn’t see the motorcycle.”  Drivers use it and insurance companies will often try to fall back on this – as though the motorcyclist was intentionally trying not to be seen.  The problem (for them) is that not seeing isn’t a legal defense.  In fact, it could actually reinforce the idea that the motorist was being negligent.

Today, the Car Crash Captain, who serves motorcycle accident victims in Richardson, Frisco, Dallas, and the surrounding areas, is looking at what is really going on when a driver claims they didn’t see the motorcycle rider.

What “I Didn’t See the Motorcycle” Really Means

Looking at riders and motorists, we see that those on two wheels are often more attentive than other motorists.  The seasoned riders have become especially aware of their surroundings, traffic, and potential hazards.  Unfortunately, their level of awareness isn’t matched.  Drivers frequently don’t see motorcycles as they’re turning and changing lanes.

Legally, anyone operating a vehicle is obligated to be aware of what’s going on and follow basic traffic laws.  If a driver fails to see a motorcycle and causes a collision, that’s generally considered to be negligent driving.

Insurers, however, will try to argue that the rider was partially at fault (because they can often reduce the amount they have to pay if it can be proven that the rider is at least partly to blame).  However, just because the insurer says that doesn’t mean it’s true.  Good evidence (photos, videos, and witness statements) can show that it was indeed the driver that was negligent.

What Compensation do Victims Deserve?

Most riders don’t realize how much compensation they can actually get after a wreck.  This isn’t a get-rich-quick idea; it’s helping victims that have had their lives permanently altered.  Medical bills, lost wages, pain and suffering, future care needs, and compensation for a reduced quality of life are just a few of the disruptions that need paid for.  But it can be much more than that.

Such is the case of a grandparent in South Carolina.  It was March of 2019, the motorcyclist was traveling along the highway when a pickup truck pulled out in front of him.  The man braked hard and swerved to avoid the collision, but he couldn’t avoid the wreck.  Upon impact he broke his clavicle, femur, tibia, and fibula and had to be life-flighted to the hospital.

Multiple surgeries and extensive rehab allowed him to go home.  However, he was confined to a wheel chair for nearly two years and lives in chronic pain; he can no longer enjoy life the way he did before the wreck.  Ultimately he was awarded $4.45 million that will help with him and his legacy, but he himself says, “I worked my whole life to get to where I was and they took it from me… I just wish the guy would have seen me so I could keep living like I was before the crash.”

When negligence is proven, especially if it’s more than just a casual lapse in judgement, the compensation can be far more than what many people realize.

How to Maximize Your Compensation

To ensure you receive compensation that will help you continue to live a fulfilling life, you have to plan ahead to ensure your story is validated.

1 – Document Everything: If your injuries aren’t so severe that you need an ambulance, take a lot of pictures, video, and collect witness contact information.  This can help dispel the “I didn’t see the motorcycle” claim and build your case.  In a world where helmet cameras are relatively cheap, there’s no reason to not have one.

2 – Seek Medical Care: Hospital records will show that you are receiving treatment, and the doctors can validate your story that you can’t live a normal life after the wreck.  Keep your own journal of how you feel and your pain levels as well.

3 – Know What is Recoverable: Compensation isn’t just reimbursing you for medical bills and lost wages.  It also includes future medical costs, diminished earning potential, pain and suffering, emotional distress, and reduced enjoyment in life.

4 – Work with an Attorney: The insurance company is going to offer a quick settlement.  They’ll emphasize that you should take it or it could be reduced and they will try to pressure you into settling.  These offers are almost always less than what you deserve.  Working with Herbert Law Group we’ll handle the hard stuff, the heavy negotiations, and go to court on your behalf if it comes down to it.

Herbert Law Group Helps Motorcycle Accident Victims

Motorcycle riders are often injured because another driver failed to see them.  Whether they truly didn’t see them, didn’t pay enough attention, or intentionally just drove in front of the rider, the fact remains that you’ve been injured because someone else didn’t care enough to keep you safe.  And “I didn’t see you” isn’t a get-out-of-responsibility card.

We work with accident victims throughout Texas from our offices in Richardson.  If you’ve been injured, or a loved one was killed, then we need to talk about how we can help with the legal battle and maximize your compensation.  Call our offices at 214-414-3808, or fill out our contact form, and we’ll be in touch for a free conversation to determine our plan.

How Motorcycle Modifications Could Impact Your Case

Motorcycle modifications are exploding in popularity.  Updating your ride to include louder exhausts, taller bars, LED lighting kits, suspension changes, performance tuning… the list goes on and on.  There is, however, a problem that has arisen with the popularity of these mods.  Insurance companies are denying, or minimizing, motorcycle wreck claims based on “improper” or “unsafe” modifications.

Many riders don’t realize that some mods can make the bike so it’s technically no longer street legal.  Some mods void warranties or violate insurance policy disclosures.  Often insurers will argue that the modifications contributed to the crash (even if it didn’t).

The Car Crash Captain, representing motorcycle wreck victims from Richardson, Texas and the surrounding areas, takes a look at what these issues are, and how you can protect yourself.

Why Mods Can Become a Legal Problem

If you’re a motorcycle accident victim, the insurance company is going to look for anything they can to shift the blame from the other driver to you.  The more liability they can put on you, the less they have to pay out.  So, they’re going to come at you with something like, “Your aftermarket modification made the motorcycle unsafe and contributed to the severity of the crash.”  They’ll use common tactics like:

• Your exhaust was too loud and distracted the other driver.
• Your ape hangers are over the legal limit and reduced your ability to see and steer.
• Your non-DOT approved lights made you less visible and non-compliant.
• You removed safety features and increased the danger on the roads.

Because Texas uses what is called modified comparative negligence these statements can make an insurance adjuster pause.  If the adjuster says that you were even 20% at fault, your payout drops drastically.

Texas Laws Regarding Motorcycle Modifications

The big problem is that most riders don’t know when they’re crossing the line and going from a fun mod, to an illegal upgrade.  And the changing laws don’t help the matter either.

Ape Hangers – There was a restriction on handlebar height, but that was repealed in 2015.  You can legally install tall bars, but the insurance company can still argue they reduce control.

Loud Exhaust – Texas doesn’t have a statewide noise limit, but there are federal laws that prohibit modifying exhaust systems that increase emissions beyond the EPA limits.  Aftermarket pipes often violate this, but it’s hard to enforce.  Insurers can argue that the bike was non-compliant and shouldn’t have been on the road.

Lighting Mods – LED accent lighting is legal, except when it flashes, uses red or blue on the front, mimics emergency vehicles, or is excessively bright.  It could be argued that the lights were a distraction to the other driver leading to the wreck.

Performance Mods – Most suspension and performance mods are legal, but if a bike has been lowered, it can be argued that it’s was harder to control.  Performance mods can violate emissions laws and the insurer might say it was no longer street legal.

Texas is pretty friendly when it comes to modifying your ride.  But there are still federal laws that apply, and the insurers will find every angle to use that against you.

When Motorcycle Modifications Hurt (or Help) a Claim

These arguments can be boiled down to four claims that the motorcycle modifications caused:

• Loss of visibility
• Loss of control
• Increased speed or recklessness
• Bike became illegal

And if you didn’t disclose your modifications to your own insurer, you might have voided coverage or a lower payout.

There is, however, the argument going the other way.  You might say your motorcycle modifications helped:

• Improve visibility.  Extra lighting made the bike more visible, not less.
• Improve awareness.  Louder exhaust can counter the “I didn’t see or hear him” argument.
• Increase evidence.  A mod to mount a camera means photo and video evidence that wins cases.
• Increased safety.  Crash bars, sliders, and other upgrades can show you’re a safety-minded rider.

Mods aren’t inherently good or bad, but you have to show that you’ve documented the upgrades, and they are in compliance with federal laws.

How to Protect Yourself with Herbert Law Group’s Help

The important thing to remember is that long before you’re in a wreck, make sure you’ve thoroughly documented your upgrades.  Keep things DOT compliant, and skip the “off-road only” parts if you’re not riding off-road.

This will set the foundation for your claims, but if you’re injured by a negligent driver, the insurance company is still going to try to minimize the payout, and they’ll do everything they can to ensure they watch out for their bottom line.

That’s why you need a powerful legal team to back you up.  Herbert Law Group, serving the Dallas area, has the experience necessary to ensure your claim doesn’t get diminished.  We first need to know what happened, then we can develop a plan to find you justice.

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

Video Evidence and Other Tech are a Rider’s Friend

There is a longstanding bias against motorcyclists.  Insurers, other motorists, and even police seem to default to the idea of the “reckless biker” and automatically lean toward the idea that the motorcycle rider “had it coming.”  When there are no witnesses, it can boil down to a he-said-she-said type argument and limit your motorcycle settlement.

Modern technology, however, is changing that narrative.  Helmet cams, dashcams, the fact that everyone has a tiny camera and video recorder on their phone, and even the traffic cameras and security cameras at nearby businesses are all helping to show that sometimes it’s not the rider.  Sometimes, it’s a negligent motorist.  The Car Crash Captain explains how we’re helping motorcycle wreck victims in the Dallas, Texas area push back and find justice.

How the Narrative Works Against Bikers

There are some motorcycle riders who make the entire group look bad.  They’re often caught on video, shared virally, and people who watch recall the handful of instances where they too saw a biker riding dangerously.  The idea is formed that all riders are reckless, and the thousands of times when they saw safe riders are ignored.

In the past, it was harder to prove the motorcyclist’s innocence.  If there were no witnesses, and if the rider died on the scene, there was no way to know if the motorist was at fault or the biker.

Insurance companies want to minimize their payouts.  If there’s no clear evidence, they can minimize liability, and reduce the amount they have to pony up after a wreck.

But now that cameras are everywhere, the premise of “their word against yours” is minimized, and you, as a rider, can help minimize it even more.

How to Use Video Evidence to Turn the Tables for a Better Motorcycle Settlement

Cameras are cheaper than ever, easier to use, and can record vast amounts of data without the batteries dying, or storage filling up.

Installing a helmet camera can capture a 360 view of what you see, and the surrounding areas.  Reviewing the footage, anyone can see road conditions, speed, light, and other vehicle behavior at an instant.

Many other vehicles have dashcams.  These can provide alternate views of what happened.  Third-party footage is especially credible as it’s unrelated to either part and can play a neutral role.  The same goes for security cameras and traffic cameras that happen to be pointed at the accident when it occurred.

Technology can be your friend, or your enemy.  GPS and timestamps in the metadata can corroborate your story, time of day, and even record location and speed at the time of the wreck.

If it comes down to it, one party might be caught skewing the truth when their story doesn’t match up to what the video evidence shows.  The at-fault driver may claim you swerved in front of them, or the light was red, but the video can prove what really happened.

Does this Work in the Real World?

Fortunately, courts are generally accepting of traffic, helmet, and dashcam evidence.  And it helps the injured party to elevate a small settlement, to true justice.

Take, for instance, the case of Matthew Rada.  Mathew was riding on Interstate 405 in Southern California.  This highway is one of the busiest in the country, and has its share of wrecks.  In Matthew’s case, a Kia was traveling in the carpool lane and exited randomly without using their signal.  They collided with Matthew sending him flying into a flatbed truck and then skidding along the pavement.  He suffered multiple broken bones and required extensive surgeries.

Following behind the Kia was another motorcyclist who had a helmet camera rolling.  The entire event was caught on video, and as a result it was very clear that the Kia driver acted negligently.  Ultimately, Matthew was awarded a motorcycle settlement of over $21 million for the trauma he endured.  Read all about it, and watch the helmet camera footage.

These events are happening more and more often as the population increases and the number of vehicles on the road also increases.  Fortunately, video footage is expanding rapidly too.

What to Do After a Wreck and How Herbert Law Group Helps Victims

How do you protect yourself on the roads?  It’s a few simple steps to ensure you’re not going to be down and out if you’re injured.

Always ride with a working helmet camera.  Invest in one that is high quality so it won’t be ruined in a wreck, and the footage is clear even with rapid movements.  Keep the timestamp and GPS data recording on the device.

Immediately after the crash back up the video footage.  Keep at least 2 hard copies (on the computer and on the SD card) and back it up to the cloud.  Corroborate your video footage with still images of the scene as well (if possible, if you’re severely injured, obviously this won’t be possible).

Contact Herbert Law Group right away.  We’ll hear your story, preserve the evidence, and ensure that insurance companies are dealt with properly.  In the end, your motorcycle settlement meets your needs.

If you have been injured, or a loved one was killed, in a motorcycle wreck here in North Texas, let’s talk about what happened and come up with a plan.  All it takes is a phone call to our offices in Richardson, Texas at 214-414-3808.  Or, you can fill out the contact form on our site, and we’ll reach out to you.

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.