Splitting Lanes is Dangerous, but is it Illegal?

When riding, you get to experience the freedom the open air gives you.  Many riders even claim that you arrive at your destination faster, without speeding, when on a motorcycle than when in a car.  Especially because you can sneak right up past that line waiting at the stop light and get to the head of the pack… right?

This procedure, called lane splitting, is common among motorcycle riders.  And unless you’re in California, it’s not actually legal.  In Texas, lane splitting is illegal.  But why can’t you split the lanes?

Lane Splitting is Considered Dangerous

Here’s the situation.  You’re stopped at a red light, quietly waiting your turn.  Suddenly a motorcycle comes whipping up between you and the next car over, essentially riding the white line.  It’s startling to say the least.

Now if everyone is just sitting and waiting, there shouldn’t be too many issues.  But what if the traffic is moving slowly?  What if the driver in the left lane is staring at his cell phone, so a driver in the right lane decides to sneak in ahead of him and changes just at the moment a lane splitting motorcycle is coming by?

There is little more than a few feet of room between the two lines of vehicles at an intersection.  That does not leave much room for error if someone was to drift over, open a door, change lanes, or otherwise move.  It creates an unsafe environment for everyone.

It May Lead to an Increase Number of Motorcycle Accidents

In the only state where lane splitting is legal, California, the data to determine if lane splitting leads to more accidents is fuzzy at best.  There is no check box to say that the motorcycle accident happened during a lane splitting incident.

Proponents of lane splitting claim that allowing split lanes reduces the number of motorcycle accidents.

Opponents claim that split lanes increases the number of accidents.

The bottom line is that when done properly and safely, just like all driving the risk is minimal.  But that doesn’t mean it’s legal in Texas.

Lane Splitting isn’t Expressly Forbidden

The problem with lane splitting is that there is no law expressly stating that you may, or may not, do so.  The law refers to vehicles staying in their own lane, but doesn’t expressly forbid motorcycles from lane splitting.

When you’re driving in Texas, your vehicle must stay within a single marked lane, and only leave when it is safe to do so.  If you’re splitting a lane in a motorcycle, you end up driving in an unsafe manner according to the current law.

Over the years there have been various bills to enact a law to legalize the action, but none have come to fruition.

Herbert & Eberstein are Your Texas Motorcycle Accident Attorneys

Suppose you were lane splitting, and you did get in an accident.  You’re automatically at fault and can’t seek reimbursement for damages… right?

Not so fast!

While you may have been committing a traffic infringement, the other driver might not be 100% free and clear of all wrongdoing.  Road rage can come into play where another motorist acts maliciously toward you, or the other driver may violate the law in another way as well.

If you have been in a motorcycle accident while you were splitting lanes, you need to speak with Texas motorcycle attorneys Zach Herbert and Brian Eberstein.  Your initial consultation is free, so let’s see how we can help!

Simply call 214-414-3808, or fill out the contact form.

Keep Your Guard Up as Motorcycle Season Starts

As we head into March, the weather is warming up across the country.  As the sunny days become more common, more and more riders will hop on their motorcycles to experience the freedom that comes with two wheel travel.

Statistically, however, you’re more likely to be injured or killed in a fatal motorcycle accident than ever before.  The reason isn’t shocking, but the fact that it’s still a big issue is.

Fatal Motorcycle Accidents Over the Years

Technology and our understanding of the human body have played huge roles in reducing the number of traffic fatalities.  Generally speaking, the newer the vehicle, the safer the vehicle.  When it comes to motorcycles it’s not as much about the vehicle, but about the safety gear that is worn (and laws surrounding helmets).

In the 1980’s and the 1990’s there was a steady decline in the number of fatal motorcycle accidents.  Year after year the downward trend continued.  In the 1990’s annual deaths were as low as 2,116 (1997).  But then in the year 2000 the numbers started going back up at an alarming rate.

By 2008 annual deaths had surged over 5,300.  As of 2019 they continue to fluctuate near 5,000 fatal motorcycle accidents per year.

The cause is one that is the culprit of many other accidents in the last two decades.

The Disturbing, and Preventable, Cause of these Deaths

Just as technology is given credit for saving many lives, it is also the culprit for taking them as well.

Around the year 2000 cell phones became popular and available to the masses.  By 2008, smart phones were becoming ubiquitous.

As more motor vehicle drivers had their heads buried in their phones, they didn’t see the already easy to miss motorcyclist.

Distracted driving has become a huge problem with many accidents over the years.  It is not a shocking concept, but the fact that the problem continues to grow is an issue. To combat this problem a firm commitment from every driver is necessary so that we can see the fatal motorcycle accident numbers again decline.

Herbert & Eberstein Motorcycle Accident Attorneys in Texas

The sad truth is that most motorcycle accidents end with severe injuries or death.  Unlike those in a car, it’s not likely the biker will walk away with minor bumps and bruises.

If you, or a loved one, have been involved in a motorcycle accident, you will need an experienced accident attorney on your side to help you receive the compensation that you deserve.

Your life has been turned upside down, and with the help of Herbert & Eberstein, you can get it flipped back upright again.

Give us a call at 214-414-3808 or fill out the contact form to get started on your free, no obligation, initial consult.

A Motorcycle Accident Case is Easy to Win… with Prior Preparation

Several years ago, I had a close friend involved in a motorcycle accident.

As he navigated a round-about, he mentally went through his checklist.  Lean into the turn, check the other lane, hit the throttle at the right moment… all was going well.  As he glanced to his right, to ensure side traffic wasn’t coming into his lane, the truck on his left made an illegal lane change and literally ran him over.

Because my friend was wearing the proper safety gear, injuries were relatively minor.  The lawsuit that ensued, however, wasn’t minor and ended up dragging on for quite a while.

Prior Planning Could have Helped with a Motorcycle Lawsuit

A broken collar bone and destroyed bike later, this friend was trying to work with insurance companies on his own.  It seemed simple enough; the other driver came into his lane and ran him over.  But there was a big problem.

There were no witnesses that were willing to give a report of what happened.  The official police report didn’t make mention of who was in the wrong or the exact circumstances of the accident.

The other driver, as many people do, denied that he swerved into the other lane, and maintained that my friend that was ran over swerved into his lane.

It was one word against another; so the help of a local personal injury attorney was sought.

The problem, however, was that no attorneys wanted to pick up the case.  In this situation, it would be incredibly difficult to prove who was right, and all anyone had to go on was the testimony of the drivers.  In the end, after things stalled out for nearly a year, it was time to either go to litigation, or drop the case completely.

The case was ultimately dropped.

Safety Gear that Made Things Better

The story isn’t all bad though.  It could have been much worse.  Most people don’t survive a full sized truck running over their torso.

Because proper safety gear was used, physical injury was minimized.  Safety gear that included:

• A jacket with built in carbon fiber “armor”
• A helmet that exceeded DOT regulations
• Leather gloves and pants that eliminated road rash
• And quick thinking thanks to a defensive riding class

Things could have gone a little better though.

What You Need to Ensure You Win Your Motorcycle Accident Case

The one thing that was missing from his case was the ability to prove what happened before, during, and after the crash.  This area doesn’t have any public cameras on the streets.  There were no businesses nearby that would have caught the footage on their cameras.  Without witnesses that come forward to say what happened, there was no proof of anything.

Going forward, if he chooses to ride again, cameras on his bike are the only thing that will prevent another stalled settlement.  They’re relatively cheap, and with a bike mounted camera and a helmet mounted camera, nobody will be able to argue that something else happened.

You Also Need Herbert & Eberstein Motorcycle Accident Attorneys in Dallas

When you ride with all of the proper safety equipment, you can fend off a good portion of the physical injuries that could happen in a motorcycle accident.

When you ride with cameras that help to show exactly what happened in a crash, you can fend off a good portion of the their word against yours arguments that could stall out a settlement designed to make sure you are made whole.

But what you really need is an attorney that will help make the entire process much easier.  Enlisting the help of a motorcycle accident attorney, like Zach Herbert and Brian Eberstein, you can focus on healing that collar bone and fixing your bike so you can ride again someday.

Let’s talk about your potential motorcycle accident case.  Give us a call at 214-414-3808, or fill out our contact form.

Determining a Safe vs. Unsafe Motorcycle Helmet

Even the most experienced riders know that it can be dangerous to get out there on the road.  Riding without the proper safety equipment means you’re taking an even bigger risk.  One of your most important pieces of safety equipment: the helmet.

Most states have some sort of helmet law on the books; laws that have been proven to reduce the number of fatal motorcycle accidents in those states.  In fact, fatal accidents have been shown to be 10 times as high in states that don’t require helmets compared to those that do.

But not all helmets are created equal.  Some meet the rigorous safety standards, while others merely look good on top of your head.  Your motorcycle accident attorney in the Dallas, Texas area lays out what you should know when purchasing a helmet.

Motorcycle Helmet Safety by Type

When choosing a helmet, you have a choice between half, three fourths, and full face.  These various styles are designed to provide between maximum freedom and maximum protection.

The full face motorcycle helmet is the only one that will provide maximum protection.  Protection not only against bugs and weather, but also against chin impacts.  Neither the three fourths nor the half have a chin bar to protect the jaw; a feature that is desired considering fifty percent of severe impacts involve the chin.

Motorcycle Helmet Safety Standards

Here in the US we have different standards than around the world.  Normally, any helmet that you find for sale locally in Texas should be one that is certified according to the US safety standards.  However, if you happen to order one online, you will want to double check the rating system to ensure that it meets at least the minimums.

There are two main certifications that you want to look for in your motorcycle helmet.

D.O.T. Certification – The Department of Transportation has come up with a minimum standard that every manufacturer must comply with to be certified for sale in the US.  Of course, knock-offs abound, and ordering from overseas can mean that foreign manufacturers can get around these guidelines.

The D.O.T. helmet standard certification is done in labs, and may not reflect real life impact scenarios.  For those truly serious about ensuring that the safety of their noggin comes first, they want to go with a more rigorous certification.

Snell Memorial Foundation Certification – The Snell Foundation Certification is a third party certification, and not required for sale in the US.  But because they care deeply about the safety of riding, this foundation has created a rigorous test that will ensure your head is as safe as can be in a worst case scenario.

When safety is your primary concern, you want a helmet that is going to offer the best protection.  You can read all about the tests and requirements from the 2020 Helmet Standards.

Herbert & Eberstein Motorcycle Accident Attorneys in Dallas

When motorcycle accidents happen, the right safety equipment and techniques can mean the difference between life and death.  But even with outstanding gear, injuries are almost inevitable.

If you, or a loved one, have been injured in a motorcycle accident, you need an attorney on your side to guide you through the process so that you are fully compensated for your loss.  With the experience necessary, Zach Herbert and Brian Eberstein can do just that; they make sure no details are missed.

Need to learn more?  It starts with a free conversation. Give us a call at 214-414-3808, or simply fill out the contact form.

A Few Tips So Your Motorcycle Accident Case is Settled Properly

After an accident there are a lot of things going through your mind.  If you’re injured, or if someone has been killed, there is even more going on.  But knowing exactly what you need to do can help streamline things in the event that your case gets held up, or if the insurance companies are offering you a low-ball solution.

If you have been involved in a motorcycle accident here in Texas or in Oklahoma, don’t take on the entire burden yourself!  It’s time to talk with Zach Herbert or Brian Eberstein.  These two Texas motorcycle accident attorneys have what it takes to make sure that you’re fully compensated.  Call 214-414-3808 or simply fill out the contact form for your no-obligation conversation.

5 Ways Your Texas Motorcycle Accident Case is Delayed

As a general rule of thumb, the more serious the case, the longer it takes.  Having everything in order will help ensure a smooth process.

Waiting to Talk to an Attorney

There are some motorcycle wrecks that don’t need the help of an attorney.  But most won’t fall into that category.  Even if you don’t think your accident is bad enough to need legal help, you need to speak with a motorcycle accident attorney so they can be ready to tackle your case.

Skipping Preservation of Evidence

Knowing exactly what happened in the accident can help your motorcycle accident case settle faster.  This means that you need to do your best to document it (Learn more on documenting an accident).  This won’t be easy if you’re injured, but at the very least keep the motorcycle (in its wrecked condition) until all is settled.

Not Filing a Police Report

Having a police report, especially one that indicates fault, is one of the best ways to help ensure a smooth process in your motorcycle accident settlement.  This report will include info on the other driver, what happened, citations, and more.

Waiting for Medical Treatment

If you’re injured, no matter how small you may think the injury is, you need to get treated right away.  The more time that passes between the accident and the treatment, the more likely it is that your injury wasn’t sustained in the wreck itself.  Check out our blog on when to see a doctor for details.

Speaking with an Insurance Adjuster

While you may have a good relationship with your insurance agent, it’s important to know that insurance companies are generally not on your side when it comes to your claim.  Their entire business model is devised as a way of collecting the most premiums, and paying the least in settlements.  Speaking with the adjuster (more than saying, “Please direct all inquiries to my attorneys Herbert & Eberstein.”) can lead to you inadvertently accepting a less-than-adequate settlement for your motorcycle accident.

Speak with Herbert & Eberstein about Your Motorcycle Accident Case

Experienced bike riders get hit every day due to the negligence of other drivers.  It’s an unfortunate part of the riding experience.

No matter what happened, you need to have an expert motorcycle accident attorney on your side.  That’s where Zach Herbert and Brian Eberstein come into play.

Years of experience means that you can expect to be fully compensated for your losses, all you need to do is get the process started with your free initial consultation by calling 214-414-3808, or fill out the contact form.

A Handful of Motorcycle Safety Tips

Whether you’re out for the occasional ride, or you’re a hardcore biker that rides rain or shine, staying safe on two wheels is important so you can avoid an accident.  The Old School Lawyers, Zach Herbert and Brian Eberstein are here to help you out legally if that does occur, but more importantly these motorcycle accident attorneys want you to stay safe as you ride.

Here are a few quick tips on how you can remain accident free, or at least improve your chances of walking away if you are involved in an accident.

Avoiding the Need to Hire a Motorcycle Accident Attorney

Let’s start with something we should all know already, and work our way up to the others.

Wear an Approved Helmet

You know the importance of wearing a helmet.  Statistically speaking you’re more likely to survive a motorcycle accident if you’re wearing a helmet.  But not all helmets are created equal.  Over the years, helmet technology has improved, and newer helmets that are DOT approved will protect you better than older helmets or those who do not meet baseline DOT requirements.

Texas law says to wear your helmet; so get one that’s going to actually do some good!

Maintain Proper Clothing

While we are on the subject of protective gear, it’s important to wear the right clothing as well.  Leather jackets look awesome, but the real reason that bikers wear them is to prevent the asphalt from tearing your skin to shreds.  Just a shirt does nothing to protect against road rash.

Jackets, gloves, shin pads, and more can all keep you safe from physical harm if you get in a wreck.

Double Check Your Motorcycle

We’re not talking a 90 point inspection before you hop on.  But give it the once over.  You know your bike, you know how it works, and you know if something is amiss.  Tires inflated?  Lights working?  Clutch engaging?  Everything “feel” good?

Of course quick inspections are good for that pre-ride check, but make sure you do a full inspection every month or two to really know your bike.

Improve Your Riding Skills

Riding regularly is a great way to make sure your skills stay sharp, but have you taken it to the next level?  There are plenty of classes out there that can help you move from amateur to experienced, or from experienced to expert.  When you have those skills down in practice, you can automatically tap into them in a real life situation.

Find a certified instructor to ensure that you’re getting the best training for your money.

Get in Touch with Dallas Motorcycle Accident Attorneys

Even with protective equipment and clothing, and even if you have great riding skills, tragedy can hit you.  Being involved in a motorcycle accident almost always means there will be at least some sort of injury.

If you, or someone you love, has been injured or killed in a motorcycle accident, you need motorcycle accident attorneys Herbert and Eberstein on your side.  With plenty of experience, they are able to help you navigate the difficult world of insurance claims so that you receive compensation that fully covers your economic losses.

Let’s get started with a simple chat to see how we can help.  Call us at 214-414-3808 or fill out our contact form and we’ll be in touch.

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.

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.

Safety starts with you. No matter what time of year you are riding, follow these 6 safety tips to avoid a motorcycle wreck.

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