6 Tips for a Safe Motorcycle Ride

motorcycle attorney Dallas

Stay Safe on the Road when You’re on Your Bike

Whether you’re just beginning to ride, or you are a seasoned rider, it’s a gamble every time you hop on your motorcycle.  People still don’t watch, and as populations increase, the traffic will only get worse.  It’s more important than ever to remain vigilant and stay safe.

We have gathered up6 tips to stay safe while you ride.  Remember, if you (or a loved one) have been involved in a motorcycle accident, you need to speak with Zach Herbert and Brian Eberstein at Herbert & Eberstein.  Both are expert motorcycle attorneys, and can help you recover for damages that you have suffered.

Safety Tips for New and Experienced Riders

Some are obvious, others you may not have thought about.  Let’s dive right into how you can be safer when you’re letting the wind whip through your hair.

Dark Colors are Not Your Friend

Blacks and browns look great, and it’s often hard to find leather in different colors.  But both of these easily blend in to your surroundings.  We’re not saying that you have to don a neon suit, but having brighter colors (and incorporating reflective stripes) can make the difference between being hit and needing a motorcycle attorney and avoided.

Keep a 20 Foot Cushion

We don’t often think about it when riding in groups, but keeping that cushion between bikes is important.  Just as you wouldn’t ride immediately behind a car or truck, stay back from other riders (even if you know them).  It will save your life if they have a breakdown, or have to stop suddenly.

Outside, Inside, Outside

When navigating a turn, you want to keep your turn radius as large as possible.  As you enter the turn, approach from the outside edge of your lane.  By the middle, you should have drifted to the inside of the lane.  And when you exit the turn, you’re again at the outside.

Ride at Your Own Pace

Group rides are fun.  But when others are zipping along a little faster than you’re comfortable with, do you push your limits or hang back?  Nobody wants to be the slow poke, but it’s better to go slower within your abilities, than faster and crash.  It’s better to ride slow and not need a motorcycle attorney.

Tired is Deadly

We know not to ride drunk or high.  We know that riding tired is dangerous.  But often when on longer trips, it happens.  The goal is to get home and rest, but if you doze off while riding, it’s harder to recover than dozing off while driving.

Keep Your Eye on the Prize

Your bike will head in the direction that you’re looking.  If you stare at the curb in an attempt not to hit it, there’s more of a chance you will hit it.  If you are looking at the car ahead of you when they slam on the brakes, you’re more likely to slam into them.  Instead, look to the clear space, and allow your instincts to steer you there.

Come to Herbert & Eberstein for Your Motorcycle Attorney

It’s unfortunate that those who ride are still in more danger than those who drive.  As we mentioned earlier, it doesn’t look like it’s going to get better any time soon.  For now, remain vigilant, and practice great motorcycle safety.

If you do happen to get hit, then find your motorcycle attorney at Herbert & Eberstein.  Both Zach and Brian have extensive experience helping riders receive compensation.  Just fill out our contact form, or simply give us a call at 214-414-3808 for your free chat on how we can help you.

Does Riding without a Helmet Affect a Motorcycle Wreck Lawsuit?

Motorcycle wreck lawsuit

Skipping the Safety Gear Could Impact your Settlement

A clear morning dawns with the promise of plenty of sunshine and warm temperatures throughout the day.  The perfect day to hop on your motorcycle and enjoy the freedom that only comes with two wheels.  It may be tempting to skip the protective gear and feel the wind in your face, but it’s not just about keeping yourself safe.   If you’re involved in an accident, your settlement could be lower if you weren’t wearing your helmet.

There are several factors at play here, and let’s take a look as Zach Herbert and Brian Eberstein, your motorcycle accident attorneys serving Texas and Oklahoma, walks you through it all.

Helmet Laws in Texas and Oklahoma

When you’re riding, it’s recommended that you wear all safety gear.  It’s in your best interest.  However, in neither state are you required to wear a helmet if you meet the requirements.

In Oklahoma, the only requirement is that you are over the age of 18.

In Texas, you have to be over the age of 21, and:

  • Have medical insurance that will cover your injuries if you’re involved in a motorcycle wreck
  • Have proof that you completed an approved motorcycle training course

If you meet the requirements, and you choose not to wear a helmet, that doesn’t mean that your motorcycle wreck lawsuit will be thrown out of court.  It just means you might end up with a lower settlement.

Modified Comparative Negligence

In Texas, there is what is called a modified comparative fault system.  Simply put, the damages you can recover from a claim are reduced by the amount of fault you are determined to carry.  If you are found to be 51% at fault, or more, you aren’t able to collect any damages.

How does that play out in the real world?

How Helmets Affect Your Motorcycle Wreck Lawsuit

Let’s look at two scenarios.  In both cases the other driver is found to be 100% at fault, and you’re trying to recover damages so that you can get your life back on track.  In both cases you were not wearing year helmet while riding.

Scenario One: Driving along, going the speed limit, and overall driving safely, you’re caught off guard when a driver fails to yield and turns in front of you.  A collision ensues, and you break your leg in the accident.

Even though you were not wearing your helmet, the injuries you sustained would not have been prevented if you were wearing a helmet, and your settlement should not be affected.

Scenario Two: You’re driving, going the speed limit, and being safe on your bike.  Again, a driver fails to yield and you collide.  This time, however, you hit your head and suffer a traumatic brain injury along with the broken leg.

Your injuries would most likely have been far less severe had a helmet been in place and worn properly.  The court may discount the settlement due to the fact that these injuries were preventable.

Now for the tricky part: without a motorcycle accident attorney on your side, you have fewer options.

Contact Herbert and Eberstein if You have been in a Motorcycle Wreck

With the help of a legal expert, you are in a better situation to be fully compensated for any damages that you have suffered.  Most settlement offers will be far lower than what you actually need, and it’s Zach and Brian’s jobs to make sure that you’re taken care of; whether you wore your helmet or not.

If you have been in a motorcycle wreck, you need to chat with an attorney.  There’s no cost, and no obligation.  The goal is to see how we can help you.  Fill out our contact form, or give us a call at 214-414-3808 and let’s talk.

Gather Evidence to Help Your Dallas Motorcycle Accident Attorney Succeed

Gather Evidence to Help your Dallas Motorcycle Accident Attorney Succeed

Get a Faster Settlement when Evidence is Preserved

If you ride, you know the dangers.  People don’t see you as easily (often because they’re not looking).   People don’t care as much about motorcycles.  Some people even think they’re a nuisance and get what they deserve when there is a bike wreck.  You understand the dangers, but the freedom that comes with riding is second to none.  It’s worth the risk, but you should be prepared if something goes wrong.

Zach Herbert with Herbert & Eberstein is a Dallas motorcycle accident attorney.  If you have been involved in an accident, don’t hesitate to call the office at 214-414-3808, or fill out our contact form, and we’ll have a chat about your case and what we see as the most important steps to move forward.  Don’t worry, there’s no obligation to you to become a client, let’s discover your case first.

Steps to Maintain Evidence of a Motorcycle Accident

If you have been injured in a motorcycle accident, this will end up being a lot harder.  Before you even get on your bike, make sure that you know what needs to be done after a wreck.

Police Report – To help move your case forward, and prove that you were not at fault for the accident, a police report is essential.  This document will help to ensure that your motorcycle accident attorney will be able to show that you are the victim, and you deserve compensation to take care of your injuries and financial loss.

Pictures and Video of the Site – If you are not badly injured, take video and pictures of the crash site.  Show the traffic (or lack thereof), the weather conditions, and the exact location of where the vehicles stopped.  Include pictures of skid marks or other markings on the roadway. Learn more on our blog about documenting accidents.

Pictures and Video of your Injury – Even if you were not injured, take plenty of pictures of the condition of your motorcycle after the accident.  Take pictures of your protective clothing, and pictures of any injuries you sustained.  Make sure to get the full condition of the damage to your property or your body to show this wasn’t a minor accident.

Medical Reports – If you feel you haven’t been injured, still get checked out by a doctor.  Injuries don’t always show up immediately; especially when you have had a sudden surge of adrenaline due to the accident.  Aches and pains that seem minor can be discovered to be something far worse.  Medical records starting immediately after the accident will show that these were injuries sustained in the accident.

Eye Witness Statements – If anyone witnessed the crash, make sure you track them down!  Many people won’t come forward or offer up information.  But many will stop and ask if you need assistance.  Get their names and phone numbers so you can have your Dallas motorcycle accident attorney follow up with them and get their statement about what they saw happen.

Enlist the Help of Zach Herbert: Dallas Motorcycle Accident Attorney

After a motorcycle accident, you have to know how to use the law on your side (something insurance companies aren’t counting on).  You also have to deal with getting your bike repaired, medical bills and treatment, as well as the emotional recovery of being in a major accident that easily could have taken your life!  That’s a lot for one person to handle.

Of course, there’s a simpler alternative.  You deserve to be fully reimbursed for everything you have suffered, and not just the easy to see costs (like repairing your property and paying medical bills).  That’s where Zach Herbert comes in.  A thorough knowledge of the law and experience helping victims means he will take the worries off your plate, and get you compensation you deserve.

Ready to get started?  Give us a call at 214-414-3808, or hop onto our contact form.

5 Reasons You Need Motorcycle Insurance

5 Reasons You Need Motorcycle Insurance

More than the Minimum Amount Anyway

There are only four states that do not require motorcycle insurance: Florida, New Hampshire, Washington, and Montana.  All others, including Texas and Oklahoma, require that bikers carry at least the minimum coverage to ensure that any damage caused during a motorcycle accident is properly taken care of.  But as your motorcycle accident attorney points out, there are a number of reasons why you will want to carry more than just the minimum amount of coverage when you’re out for a ride.

Of course, if you, or a loved one, have already been involved in a motorcycle accident, we need to talk!  Give Herbert and Eberstein a call at 214-414-3808, or fill out the contact form.  There’s no obligation to become a client, and you don’t have to worry about any charges for the consultation.

Minimum Motorcycle Insurance Coverage

Texas and Oklahoma both have minimum insurance coverage.  In Oklahoma, you’re required to carry 25/50/25 and in Texas you need to have 30/60/25 (if you’re unsure what exactly those numbers mean, check out this post from AutoInsurance.org).

But what isn’t required is a minimum amount of uninsured or underinsured motorist coverage.  Sure, your insurer is required to offer it, but if you pass on it, you’re doing yourself a huge disservice.

These two coverages (and they really aren’t that expensive) will protect you financially if you are hit by another motorist.  This is what will cover the massive hospital bills you will likely incur, because let’s face it, injuries happen in the majority of motorcycle accidents.

Here are 5 reasons you don’t want to skimp on the uninsured or underinsured coverage.

Hospital Bills are Really Expensive

When is the last time you saw a doctor and walked out of there with a bill less than $100 (not including what insurance covered, of course)?  Or even less than $300 for that matter!  Now increase those bills many times over when you’re dealing with major trauma, broken bones, or medical issues that require ongoing treatment.

The bottom line: no uninsured motorist coverage means no coverage for hospital bills you incur.  Even with that coverage, you may need a motorcycle accident attorney to help recover what you need.

What if You Can No Longer Work?

Riding your bike is fun.  But as with all things fun, we have to pay for our free time by going to work.  Certainly you will be able to get right back up after a motorcycle accident and go back to work within a couple of days, right?  What if your leg has been crushed and you can’t walk for months on end?  What if your hands are broken and you can no longer write or type on a computer?  How will you pay your bills if you are out of work for many weeks?

Insurance coverage can help offset those issues.  Often you will need a motorcycle accident lawyer to get compensation that takes care of issues that arise later in life.

You Still have a Bike Loan

motorcycle accident attorney Dallas/Oklahoma CityYou could pick up a little moped for a few hundred bucks.  But riding a bike isn’t about puttering along Dumb & Dumber style.  It’s about revving the engine, feeling the wind in your face, and feeling the power.  A bigger, and often better, bike comes with a hefty price tag.  If you’re hit by an uninsured motorist, or someone that flees the scene, you still have to pay off your motorcycle.  But if you’re stuck with huge hospital bills, as well as all other costs of daily life, how is that going to be possible?

Uninsured or underinsured coverage usually doesn’t cover property, so you may want to talk to your insurance agent about uninsured/underinsured motorist property damage coverage as well.

Many People have No Assets

Here’s the scenario: you’re hit by a vehicle, and the other driver is found at fault.  That driver carries the bare minimum coverage, so his policy limits out at $25,000.  But let’s say you have medical bills that are pushing $100,000, so you hire a motorcycle accident attorney to collect on the remaining amount.  It turns out, however, that this other driver is in debt to his eyeballs, and really has no assets in his name.  The likelihood of recovering anything is pretty small.  If you don’t have underinsured coverage you can fall back on, you fall back on yourself.

Your Loved Ones Still Need to Get By

On your bike the wind is in your face.  There’s no protective cage around you.  This means that a crash on a motorcycle is a lot more dangerous than in a car… in fact, the likelihood of dying in a crash is six times greater on a bike than in a car.  If you’re killed by someone without adequate coverage, will your loved ones be taken care of?  If you have the right coverage, it’s much more likely that financial burdens won’t be added to the grief as well.

Come to Herbert and Eberstein: Motorcycle Accident Attorneys

Here at Herbert and Eberstein, our goal is to make sure you receive compensation that fully covers the trauma you have gone through.  Too often insurance companies try to settle for a lowball amount that barely covers what has happened to you.

When you want a settlement that will take away financial worries, you want Herbert and Eberstein.  Give us a call at 214-414-3808 or hit up our contact form to get the ball rolling.

Important Advice from a Motorcycle Accident Attorney

Important Advice From A Motorcycle Accident Attorney

Protect Yourself Before You’re in an Accident

Summer is underway in the majority of the US.  Here in Texas, motorcycle riding season is in full swing, and every day there are thousands of bikes on the road.  Smaller than other vehicles, and exposed to the open air mean they’re exhilarating to ride, and also more dangerous.  The majority of drivers and riders are bike aware, but those who aren’t lead to the 400+ fatal motorcycle wrecks each year.

Obviously, personal safety equipment is going to go a long way to help protect you as the motorcycle rider if you are in an accident.  Wearing an approved helmet and clothing can be the difference between scrapes and bruises and death.  But there is more that everyone on the road should know when driving during motorcycle season; especially if you need to enlist the help of a motorcycle accident attorney.

Be More Aware When on the Road

You know the saying, “Look twice, save a life.”  It’s more important than ever to make sure that you’re aware of other motorists around you.

As the population of major cities across the country increase, more people will be on the roads with motorcycles.  They easier to maneuver, cost less to operate, and help to reduce traffic jams.

At half the size of an SUV (a large bike is almost exactly half the size of a mid-sized SUV) it’s easy to overlook bikes on the road.  For those riding, it’s hard not to be indignant when people don’t see you; they should be looking out.  In order to save your own life, however, assume that people aren’t going to look twice.

If you plan to ride often, it’s advisable to invest in a camera system for your motorcycle.  They can mount on the bike, on your helmet, or both.  If you are hit, these cameras can prove that you were not that at-fault motorist.

Boost Your Insurance Coverage

There are some states that don’t require insurance coverage when you’re riding a motorcycle.  Texas is not one of them.  In Oklahoma, insurance is required as well, but the minimums are much lower.  It’s tempting to try to save money by going with the minimums, but these minimums are not in your best interest.

When shopping for insurance, compare the rates for different amounts of coverage.  You will usually find that it’s not much more to bump your coverage up to something that is adequate in case of a terrible wreck.

Keep in mind that you want to carry enough uninsured/underinsured coverage to make sure you’re taken care of if an uninsured driver hits you (or someone flees the scene).

Know when to Hire a Motorcycle Accident Attorney

The probability of being injured or killed if you’re in a motorcycle accident is far greater than if you are driving a vehicle.  It’s simply a matter of less protection around you.

If you’re in a motorcycle accident and you’re injured; or if your loved one was killed in a motorcycle accident, you need a motorcycle accident attorney to help you navigate the process.

Most insurance companies will not propose a settlement that is enough to take care of your injuries, nor take care of the pain and suffering you go through if a loved one dies.

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Talk with Zach Herbert Motorcycle Accident Attorney in Texas

Here at Herbert & Eberstein, Zach knows what needs to be done after an accident.  Using cases that came before yours, he can argue that you deserve a larger settlement than what the insurance company is offering.

Working in both Oklahoma and Texas as your motorcycle accident attorney, Zach alleviates one more thing from your mind so you can focus on recovery.

Unsure if you need the help of a motorcycle accident attorney?  Call 214-414-3808, or fill out our contact form, and we will be in touch for your free, no obligation, initial consultation.

5 Common Types of Motorcycle Accidents

5 Common Types of Motorcycle Accidents

Driving a motorcycle can be relaxing and even exhilarating. However, you’re also more likely to be seriously hurt in a motorcycle accident compared to a crash involving a car or truck.

While you can’t control how other people on the road handle their vehicles, you can take steps to ensure you stay as safe as possible. If you ride a motorcycle, it helps to know which kinds of accidents occur most often. When you know what to watch out for, you can stay safer when you ride. Here are five of the most common types of motorcycle accidents.  

Motorcycle Accidents with Cars Turning Left

A significant number of motorcycle accidents occur when a vehicle turns left into the path of a motorcycle. This can happen when the car is passing through an intersection. When the motorcyclist doesn’t have enough time to swerve out of the way or otherwise avoid the other vehicle, the motorcycle can slam into the side of the car, sending the motorcyclist hurtling over the vehicle.

Motorcyclists can help protect themselves by slowing down as they approach intersections. It’s also best to make eye contact with the other driver if possible. If you can see the other driver, there’s a good chance they can also see you.

It’s also important for motorcyclists to avoid driving while distracted. No one should ever text and drive, and it’s also a good idea to avoid eating while driving or listening to loud music that makes it difficult to hear traffic noises.   

Motorcycle Accidents Caused by a Car Switching Lanes

Because motorcycles are smaller than a standard car, drivers may not always notice a motorcycle in the lane next to them. When a driver tries to merge into a lane or switch lanes in an effort to pass slower vehicles, they can inadvertently drive into the path of a motorcycle.

Motorcyclists can help stay safe by always keeping an eye on the cars around them. It’s important for motorcyclists to always use their turn signals and to maintain a safe distance between their motorcycle and the cars ahead of them.

By keeping a safe distance between the motorcycle and surrounding cars, motorcyclists can ensure they have enough time to stop if a car in front of them slams on its brakes or slows suddenly. It’s also important for motorcyclists to avoid swerving in and out of traffic or making sudden movements around cars or trucks. Don’t assume that other motorists see you, and always follow traffic laws the same way you would if you were driving a regular vehicle.

Motorcycle Accidents Caused by Head On Collisions

Any kind of head-on car accident is likely to be serious. When a motorcycle is involved, however, the consequences can be devastating. When someone is traveling inside a regular car, his or her body is protected by the vehicle itself.

On a motorcycle, however, there is no structure surrounding the person’s body. In a head-on collision, a motorcyclist can be violently hurled through the air and end up landing far away from the point of impact. This kind of impact can leave an individual with serious or fatal injuries.

Motorcycle Accidents Caused by Drunk Driving

According to the National Highway Traffic Safety Administration (NHTSA), 37 percent of single-vehicle motorcycle accidents in 2016 involved a motorcyclist who was intoxicated at the time of the crash.

Alcohol is a leading cause of motorcycle accidents. It’s important for all motorists to avoid drinking and driving. For motorcyclists, it’s critical to stay off the road if you plan on drinking. Motorcycles are less forgiving than a regular car in that a relatively small movement on a motorcycle can make a big difference on the road. When you drink and drive, your reaction times are slower, and your judgment is impaired.  

Motorcycle Accidents Caused by Excessive Speed

Many people ride motorcycles because they enjoy the freedom motorcycles offer. It’s common for people to enjoy long rides on the weekends where they can relax and take in the scenery. When you’re on an open stretch of road, it can be tempting to drive a little faster than the speed limit.

However, speed limits exist for a reason. When people exceed the speed limit, they put themselves and others in danger. Additionally, some motorcycles are designed for racing at high speeds. In some cases, motorcycle owners even modify their motorcycles to make them go faster.

A large number of motor vehicle collisions are caused by excessive speed. Going faster than the speed limit can put you in danger, which is why it’s important to observe speed limits and traffic laws whenever you drive. Motorcyclists have very little protection in an accident, which is why it’s also important for them to wear a helmet and protective clothing, such as long pants and sleeves.      

If you have been injured in a motorcycle accident in Texas, you may be entitled to compensation for your injuries and other damages. Schedule a consultation with Dallas Motorcycle Accident Lawyer Zachary Herbert today by calling 214-414-3808.

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Dallas Motorcycle Accident Attorney Zachary Herbert

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  1. https://www.iii.org/article/background-on-motorcycle-crashes
  2. https://www.nhtsa.gov/road-safety/motorcycle-safety