Common Causes of Texas Motorcycle Accidents

Texas Motorcycle Accidents

Why Riders Are 28 Times More Likely to Die in a Crash

According to the NHTSA you really don’t want to be involved in a motorcycle crash.  For millions of riders, however, the thrill of the ride is worth the risk.  So, for those who do decide to have the freedom that two wheels provides, the Car Crash Captain has some information on the leading causes of Texas motorcycle accidents.

When you know what to watch out for, you can minimize the risks of being involved in a wreck.

The Leading Causes of Texas Motorcycle Accidents

There’s one factor that leads to far more motorcycle accidents than others – driver negligence.  Because it’s such an encompassing term, let’s break it down a little more.

Distracted Driving – Texting, eating, fiddling with the radio.  Anything that takes your eyes off the road is distracted driving.

Failure to Yield – This doesn’t always apply to yield signs.  Yielding simply means letting the other driver go first – when they have the right of way.

Tailgating – Motorcycles can stop faster than cars.  Following too closely is never a good idea, but when a rider is followed too closely, they can be seriously injured or killed when a wreck happens.

Left-Turn Accidents – The most common fatal motorcycle wreck is when a motorist turns left in front of the biker.

As a rider, avoiding these types of wrecks entirely depends on you being more aware of your surroundings.  Be on the lookout, and be ready to take evasive action.  It’s unfortunate that more drivers aren’t prepared to share the road, but until that time it’s on the motorcycle rider to ensure their own safety.

Other Factors that Lead to Motorcycle Wrecks

There are, of course, numerous other factors that can lead to motorcycle wrecks on Texas roadways.  They include:

  • Speeding or Reckless Driving
  • Road Hazards or Conditions
  • Driving Under the Influence
  • Mechanical Defects
  • Inexperience

Sometimes it’s the other motorist’s fault, but sometimes these factors can be due to the rider as well.  To avoid being the at-fault party in a Texas motorcycle accident, it’s imperative that you ride safely, legally, while ensuring your skills and your motorcycle are up to the task.

Contact Herbert Law Group after a Texas Motorcycle Accident

No matter how safely we ride or drive, there are bound to be accidents.  Maybe someday, when most vehicle travel is automated, will we get by without being in wrecks that cause injury or death, but that’s not likely to happen in our lifetime.

If you are a motorcycle rider, and you have been in a wreck where you were injured, we should talk about it.  If your loved one was killed in a Texas motorcycle accident, then we should discuss what your options are to ensure that you’re compensated fairly.

It all starts with a free phone call.

Simply call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

Texas Cargo Truck Accident Lawyers

Texas cargo truck accident lawyer

Understanding a Cargo Truck Accident

Most accidents with semi-trucks are accidents with cargo trucks.  But what we’re talking about here is when the cargo actually plays a part in the accident – what happens if you’re injured in a truck wreck because you collided with the cargo the truck was hauling?

The Car Crash Captain looks into cargo truck accidents, and possible scenarios where you would want the help of a Dallas truck lawyer to ensure you’re compensated for your injuries.

Unsteady Cargo Truck Accident

Even in a wreck, a cargo truck should maintain their cargo.  That means most of the time their cargo should be secured in such a way that it stays strapped to the truck unless they are involved in a really big wreck.  But we know that doesn’t always happen.

  • Unsecured Cargo – If a truck is carrying cargo that isn’t secured, it can fly off the truck.  If it hits you, or you hit it, you shouldn’t be liable for damages.
  • Improperly Secured – There are guidelines and specifications on how to secure cargo.  Steel coils will need different methods than lumber, which would need something different than foam insulation.  If it’s improperly secured it might look safe, but be far from safe.
  • Unbalanced – Improperly loaded cargo can cause the trailer to become unbalanced.  Under the right circumstances, that can lead to a truck wreck.
  • Damaged Securement – If the truck wrecks, and the means of securing the cargo is damaged, their contents can spill.  This can lead to more wrecks with passing vehicles.

It’s not always that the truck driver acted negligently, but there’s nearly always someone that acted negligently.  The truck accident lawyers with Herbert Law Group help figure out liability.

Who is Liable in a Cargo Truck Accident?

The first party looked at is always the driver.  Often they miss a step or overlook something along the way.  But it’s not always the driver who is at fault.

The trucking company may be the liable party.  If they didn’t provide the right materials to secure the cargo, encouraged the driver to skip steps, or their actions otherwise led to the accident, the company may bear some, or all, of the liability.

Often, however, there’s a third-party loading company.  The driver and the company that own the truck merely provide the vessel for transportation.  If the loading company tried to cut corners, they may be liable for the accident.

Even when there’s another party that’s liable, it often boils down to the fact that the driver should have double checked everything.

Damages You Might Recover

If you’re hurt, or a loved one is killed, in a cargo truck accident, what can you expect?  What damages do you incur that you deserve compensation for?

  • Property Damage – Your vehicle is damaged, and you deserve to be compensated for that.  If you’re driving a vehicle, the settlement should replace that exact vehicle in its entirety.
  • Medical Bills – You shouldn’t have to worry about paying for any medical bills incurred because of this wreck.  That includes bills you’ll face years down the road when injuries flair back up.
  • Lost Wages – If you miss work because of the wreck, you deserve to be compensated for the time you couldn’t work.
  • Pain and Suffering – Injuries go beyond physical and even mental.  Pain and suffering includes mental anguish, what you go through living life disabled, losing a loved one, and more.

Most insurance settlements will try to give you the lowest amount and hope you don’t take into account things like pain and suffering or injuries that come back in a few years.  A seasoned truck wreck lawyer, however, knows what to fight for.

Herbert Law Group Fights for You

What we fight for is you.  We know you’re hurting, and you need to focus on healing from injuries – visible or hidden.  So let us do that work for you.

It all starts with a phone call.  Let’s chat about what happened, determine how we can help, and device a plan from there.  Your cargo truck accident doesn’t have to be drawn out, we can get these things moving in your favor.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll get things started.

Can I File a Claim Without a Police Report?

Police report after a texas car wreck lawyer

Is a Police Report Required?

If you’re involved in a car accident, there’s a lot you have to keep straight.  In the thick of it all, you and the other party might not want to file a police report.  It might mean, after all, that you’re stuck waiting for the police to get there, assess the situation, and it will just slow everything down.  Today, the Car Crash Captain looks at if that police report is necessary, and why you should get one.

When is a Police Report Required in Texas?

There are two, three if you are particular, times when you are required to have a police report after a car accident here in Texas.

Property Damage – Every wreck involves property damage.  A police report, however, is necessary if that wreck results in over $1,000 worth of property damage.  In this day and age, you’re quite unlikely to have an accident that results in less than a grand in damages.

Injury – If there are any injuries in the wreck, you have to call the police.  We say “if you are particular” because if someone died in the wreck, then you also have to call the police, but it’s hard to have a death occur if there aren’t any injuries.

Essentially, every wreck should involve at least contacting the authorities.  Even if you swap information with the other driver, agree on who is at fault, and then both of you leave, you could actually face criminal charges for hit-and-run.

When Can you Skip the Police Report?

That begs the question of when can you skip the police report?  Let’s say you hit a patch of gravel, skid into the curb, and dent the rim on your car. Maybe $800 worth of damage and no injuries – you can skip the report there.  If you slide into the back of someone’s giant truck that has a big metal bumper on it, and the hood of your 1997 Honda Civic now has a big scrape in it, you probably don’t need a police report.

You still might want one.

Should you Ever Skip the Police Report?

If you’re filing an insurance claim, the police report carries a lot of weight to it.  Even if you agree with the other party as to who is at fault, it’s your word against their word.  When it comes time to settle the claim, they can retract and say they never admitted fault.  Now you’re in for a longer battle to get your rig fixed.

A police report means that you don’t have to go through that long battle.

The bottom line – if there’s more than one party involved (see above for that slide on some gravel and bust up your rim scenario above for a single party accident example), then you should contact the police.

Herbert Law Group Takes Away Your Stress

We work with people who have been injured in wrecks, or the families of those who have been killed.  Without injuries, it’s a stressful time, but there’s not a lot that a lawyer can do to maximize your settlement claim.

If you were injured, though, then your one and only goal should be to heal from those injuries.  Stress from dealing with insurance companies only creates more issues and prolongs your healing process.  Let us do the stressful stuff, you do the healing stuff.

Let’s talk about what happened.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to determine our course of action.

What is Pain and Suffering After a Motorcycle Accident?

pain and suffering texas motorcycle accident lawyer

How do You Calculate Pain and Suffering?

When you’re injured in a motorcycle accident, your compensation should be based on pain and suffering and more than the sum of your calculable losses.  Yep, a cumbersome sentence to say, so let’s clarify.

Every wreck will have economic and non-economic damages.  Economic damages are the ones you can calculate – how much did your wrecked motorcycle cost, how much did your medical bills cost, how much did you lose out on because you couldn’t work, and so on and so forth.  Non-economic damages are those that you can’t put a price tag on.  Keep reading as the Car Crash Captain explains pain and suffering after a motorcycle accident.

What Does Pain and Suffering Mean?

Pain and suffering is generally used to describe what you’re going through on top of the financial impacts that are easy to see.  We can quickly add up the economic losses, but there are many other losses that you are suffering from that you can’t replace with money.  Those include:

  • Anxiety
  • Depression
  • Loss of consortium (legalese meaning – what you feel when a loved one is killed)
  • Insomnia
  • Embarrassment
  • Fear
  • Scarring
  • Pain – literally living with chronic pain the rest of your life

There are more, but you get the idea.  How much is a dollar amount that can help you with the embarrassment you suffer because you’re now disfigured?  And that has led to social anxiety, and being stuck indoors leads to depression, and now you can’t sleep…

A therapist can help with psychological trauma, but there’s more to it.

How is Pain and Suffering Calculated as a Dollar Amount?

There are a few different ways to calculate your losses.  The insurance company is going to minimize the pain and suffering, and hope that you won’t think it’s as big of a deal as it actually is.

Even when they acknowledge the problem, they still want to use a calculation that won’t be entirely in your best interest.  Your motorcycle accident lawyer will argue for one of the two methods of calculating losses.

Multiplier vs Per Diem Pain and Suffering

The multiplier method uses a static formula based on the amount of your calculable losses.  Usually, this is between 1.5 and 5 times the amount.  For instance, if you wreck and all of your economic losses tally up to $20,000, then the amount sought for pain and suffering might be $60,000 using a multiplier of 3.  The more severe and long lasting your injuries, the higher the multiplier.

Alternatively, the per diem method calculates your pain and suffering based on how many days transpire between your motorcycle accident, and when you reach full medical recovery.  The dollar amount per day rises based on the severity of the injuries.  So, if you crash and two years later, you’re “back to normal” you receive 730 days of per diem for your pain and suffering.

Insurance companies will often use the per diem method based on algorithms and how long it “should” take you to recover.  This way they can minimize things and say you “should” recover in one year, but then you find out it’s going to take five years… if you’ve already settled, you’re a bit out of luck.

Why You Need Herbert Law Group

Sounds complicated?

Yep, that’s why you need Herbert Law Group to help you fight against the powerful insurance companies.  You’re already laid up and recovering from injuries; you don’t want to be dealing with representatives and adjusters that are basing your pain and suffering on a computer program.

Herbert Law Group has helped a lot of motorcycle accident victims.  We know when you’re being served a low-ball settlement offer, and we know what would be more reasonable.  We have the proof to show that pain and suffering after a motorcycle accident is something that you deserve.

Let us do the hard work for you.  All we need to get things started is a phone call to 214-414-3808 (or fill out the contact form on our site and we’ll get back to you).  Let’s have a free conversation, we’ll find out what happened, and develop a plan that will get you the compensation you deserve.

Recovering from TBI after a Motorcycle Crash

TBI Traumatic Brain Injury after a texas motorcycle wreck

What to Expect with TBI Recovery

Nothing is going to change your life more than suffering from a major traumatic brain injury (TBI).  Just like any injury, these things have a spectrum from minor to major, and recovery is largely dependent on what parts of the brain were actually injured.

The Car Crash Captain looks at what to expect if you have suffered from a TBI, and how long that recovery is going to take.

What is a Traumatic Brain Injury?

TBI injuries are just about any injury to the head.  Most of the time, if you are hit in the head, your brain will suffer from some sort of damage.  Just like if you injure another part of your body, the injuries may be minor (bruising or scratches), moderate (lacerations or burns), or severe (fractures or amputations).  Recovery times and expectations depend largely on what happened in your motorcycle wreck, and how bad the injuries are.

Recovering from a Mild TBI

Mild brain injuries often show up in the form of a concussion.  Symptoms include headache, nausea, insomnia and more (read all about motorcycle wreck concussions).  These symptoms can persist for days or even weeks.

Recovering from a mild TBI like a concussion usually is just a matter of time.  Slowing things down, avoiding stressful situations, and getting plenty of rest will allow the body to do what the body does: repair itself.  Being monitored by a doctor is essential, because sometimes symptoms can point to a concussion, but worsen into a more moderate form of traumatic brain injury.

Recovering from a Moderate TBI

Moderate TBI’s are a bit worse than the concussion; even if they seemingly are caused the same way.  Suffering a blow to the head causes the brain to move around inside the skull.  When the brain bumps against the bone (lighter impacts aren’t as serious as it’s cushioned by cerebrospinal fluid), it becomes bruised and damaged.  A moderate TBI is usually characterized by a period of unconsciousness of at least 30 minutes (but less than 24 hours).

Recovering takes a lot more time than recovering from a concussion.  Confusion and headaches may persist for weeks.  These are compounded by tiredness, dizziness, irritability, light sensitivity, and more.  The more severe damage to the brain may require ongoing medical care and assistance in activities of daily living.  Recovery is usually measured in months and years rather than days and weeks.

Recovering from a Severe TBI

Severe brain injuries are generally those that result in an unconscious period lasting more than 24 hours.  Those suffering often will enter into a coma for an extended period of time as they’re unable to respond to external stimuli.  Convulsions, seizures, severe nausea, and loss of motor control are common.

Most people who suffer from severe TBI’s don’t recover.  Some might live for many years, but never without extensive care, special accommodations, and a severely diminished quality of life.  The body will work hard to heal itself, but often the damage is too extensive, and it will shut down over time.

Why You Need a Texas Motorcycle Lawyer to Help

Insurance companies will try to diminish the severity of what actually happened, so they don’t have to pay out nearly as large of a claim.

It’s important to work with a personal injury lawyer, especially one with experience in Texas motorcycle wrecks, so you know your case is being handled expertly.  Since a moderate TBI can be very similar in symptoms to a mild one, being monitored by a doctor to fully understand what happened is imperative.

Don’t complicate matters by trying to deal with insurance companies on your own – let Herbert Law Group do that.  You focus on healing from your injuries.

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

Zach Herbert Joins the Top 2% of Texas Lawyers

A Board-Certified Personal Injury Trial Lawyer

The State Bar of Texas offers more to Texas lawyers than just ensuring they’re allowed to practice law in the state.  To encourage everyone to continue on a path toward excellence, specialization certifications are offered for those who meet the requirements.

It’s an elite distinction that the Car Crash Captain has earned.  But the road to being among just 2% of all Texas personal injury lawyers wasn’t one that came easily, there’s quite the process behind it.

The Rigorous Professional Path to Certification

There are some professions that give you a stamp of approval if you fill out a form and pay your annual fee.

This is not one of them.

Becoming a board-certified personal injury trial lawyer in Texas isn’t an easy process.  And that’s probably why only 2% of lawyer earn this designation.  Even just to apply, the qualifications include:

  • Practicing law for at least five years.
  • At least three years of personal injury trial law experience.
  • Tried at least 10 personal injury trial law cases.
  • Completed 60 hours of Texas Board of Legal Specialization approved continuing ed.
  • Have qualified references from judges and lawyers in the area.

Now, if that was all required, it would be a bit strenuous, but rather attainable for many more lawyers out there.  But, as we mentioned, those are the requirements to apply.  There’s more to it.

Once that application is accepted, then the lawyer pursuing this designation has to take a test.  For a Dallas-based personal injury lawyer, like Zach Herbert, that meant booking some time in Austin and completing a grueling six-hour exam.

The first half of that test is a series of multiple-choice questions.  The second half of that test is answering essay questions.  Even meeting the qualifications, if you don’t pass you can try again – to an extent.  Failing the exam three times means a three year wait before reapplying.  Learn more about what it takes to earn this certification on the TBLS website.

The Rigorous Personal Path to Certification

Early in his career, Zach saw one of his senior associates earn the accolades that came with this designation.  It was highly celebrated throughout the firm, and Zach was determined that he too would pursue this coveted designation.  The requirements to apply were largely completed throughout his journey as a lawyer.  Some of his first positions were working for a firm that was heavily involved in trials – that wasn’t as big of an issue as preparing for the test.

Then came the time to study.  He was determined to fill evenings and weekends leading up to the test with immersing himself in the study.  And, as with all things, that didn’t go quite as easily as he hoped.

Running a busy law firm, four kids at home, and ensuring that his relationship with his wife didn’t suffer meant that studying was often put on the back burner.  Dedication to family first meant that even studying for this important test had to be relegated to a different time.

As the day of the testing approached, he found that time, and even headed down to Austin a few days in advance, shut off his phone for most of the day, and poured himself into studying for three solid days.

The big day came.  The test was taken.  And while he felt good about it, the official stance was – wait a couple months until we tell you whether or not you passed.

“I did a good job of compartmentalizing.” He explains, “I knew results weren’t going to be released until January, so no sense wondering before that time came.”  Still, the waiting was the worst part.  And once January it was a constant wonder if the results were coming in on that day.

One evening, sitting on the couch with his wife, an email came through on his phone.

He passed.

With much joy and relief, the family celebrated.

What this Means for Herbert Law Group Clients

This isn’t just a personal victory for Zach.  It’s a mark of trust and expertise.  The legal market is competitive, and in the Dallas area there are a lot of personal injury lawyers.  This board certification helps to set him apart.  It shows that clients of Herbert Law Group are receiving service from some of the top lawyers in the industry, and they can take comfort in the fact that Zach, and the rest of the team, know what they’re doing.

Herbert Law Group Continues to Serve the Dallas Area

It was a long and often difficult journey.  But in the end, it was worth the late-night studying, the sacrificed weekends, and the anxious moments counting down the days until the official word came through.

All the while, Herbert Law Group continued to help those who have been injured due to someone else’s negligence.

If you fall into that category, or if a loved one has passed away in a wreck because someone else was at fault, we should talk about it.  Call our offices at 214-414-3808, or fill out the contact form, and rest assured that one of the top attorneys in the state will be contacting you shortly.

6 Things Not to Say to Insurance After a Truck Wreck

Truck wreck lawyer Dallas Texas

TL;DR Version of What Not to Say – Stay Silent

As the subheading suggests, the best thing to say to an insurance adjuster after you’ve been involved in a major truck wreck here in Texas is nothing at all.  Of course, you can say something, you can say, “I’m working with the Car Crash Captain over there at Herbert Law Group, please direct any inquiries to them!”  The caller will likely persist, but that’s all you need to tell them; we’ll take it from there.

Naturally, though, you won’t be thinking clearly as a million things will be buzzing through your head after a wreck.  Especially if you’ve suffered major injuries and you’ve been given pain medication.

So, let’s review now and if something bad does happen, you’ll be able to recall this blog and remember to have them talk to the Car Crash Captain instead of you.

Don’t Admit Fault – Or Even Come Close

We know that you shouldn’t admit fault.  That would take away all your negotiating power and you’d likely ruin any chance at a settlement.  But what comes close to admitting fault?

  • “I’m sorry.” – these words can be used against you.  You might as well say, “It was all my fault, I take full responsibility.”
  • “I didn’t mean to.” – Even if you didn’t mean to become the victim, don’t imply that you did something to cause the wreck.
  • “He might have been in my blind spot.” – Even if he was in your blind spot, if your vehicle was hit, you don’t need to justify where he was.
  • “I couldn’t see him.” – See above.
  • “I was driving too fast.” – All they need to know is that you were the victim.
  • “I don’t like money so I don’t need a settlement.” – If you wouldn’t say this, then don’t admit any sort of fault.

Don’t Allow Them Access to Medical Records

When the wreck is being investigated, the insurance adjusters and their teams of lawyers will want to scrutinize everything.  However, without your permission (or a court order), they can’t dip into your medical records.  That doesn’t mean they won’t try.

You might think, “What’s wrong with letting them see how much pain I’ve been put through?”

The problem is that they don’t want to just see the medical records from this wreck.  They want to see everything from even before the wreck.  That way, everything you were treated for in the past is a potential pre-existing condition.  Something not caused by the wreck, and therefore not their responsibility to pay on.

Don’t Tell Them About Your Injuries

Just as you don’t want them nosing around in your past medical conditions, they don’t need extra information about the current ones either.  Because likely if you talk to them about your injuries, they’ll try to steer the conversation so you say something like:

  • “It’s not too bad.”
  • “I should heal quickly.”
  • “I’ve suffered worse.”
  • “I’m tough, I’ll recover.”
  • “I want you to know these injuries aren’t nearly as bad as they seem, so really there’s no reason for us to pursue a settlement at this time since I’ll make a full recovery simply by willing it to be so.”

That last one.  You might not say it in as many words, but they can twist your words into something that means that exact thing.

Don’t Provide a Recorded Statement

No matter how closely you guard your words, you may end up saying something that can be taken out of context.  If you agree to a recorded statement, then you agree to have bits of your recording played back, without the supporting words around them.

Any time the insurance company wants to have your recorded statement, they have to tell you the conversation will be recorded (they may say “for quality control purposes” but what they mean is “to support our case against you so we don’t have to pay as large of a settlement.”).  As soon as you hear them mention they’re recording anything, you just have to say, “Please direct all inquiries to Herbert Law Group.”

Don’t Discuss Circumstances of the Truck Wreck

You are under no obligation to share what happened with the insurance company.

They can get the official report from the police, or talk to your truck wreck attorney about it.

Don’t Open Up to Your Goals and Hobbies

It might seem like a good idea to talk about goals and hobbies to show how the wreck has thrown off your plans for life.

You were once an avid rock climber, but now you can’t climb anymore.  The truck wreck has ruined your hobbies forever.  You might be thinking you could get a larger settlement because of this.

What the insurance company is thinking is, “How can we show those injuries were really caused by a rock climbing accident that happened before the wreck?”  This is also why you should skip posting on social media until your wreck has fully settled, and lock down your account so nobody can get on there and any activity.

Herbert Law Group Has Your Back after a Texas Truck Wreck

It sounds like a lot of work.  In reality, it’s easy: just don’t talk to the insurance companies any more than telling them that you’re working with Herbert Law Group.

Our job is to handle insurance and the legal aspects of your wreck.  Your job is to heal from the injuries that you’ve sustained due to someone else’s negligence.

Let’s get started.  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 Protect Young Drivers from Distracted Driving

Distracted driving Texas Car Crash Lawyer

Distracted Driving is Deadly – Don’t Risk It

In 2022 distracted driving claimed the lives of 3,308 people.  That’s about 7.7% of traffic fatalities and comes to about 9 people who die, needlessly, every single day.

Many of those who perished were teenagers, still learning how to drive, still navigating life, and still discovering who they were.  Today, the Car Crash Captain is looking at some of the ways you can encourage your young driver to stay focused on the road, and not focused on the distractions.

What is Distracted Driving?

Most often we associate distracted driving as messing around on a phone, sending messages, while trying to drive.  That’s one of the biggest distractions, but this actually encompasses anything that takes your eyes off the road.  From phones, to the radio, to reading a newspaper, to eating or drinking, or even chatting with other people in the car.

How Can We Encourage Teens to Drive Distraction Free?

When it comes down to it, we hope they make the right choice.  We can encourage them to do the right thing, and once they’re out the door the knowledge we have imparted will echo in their ears.

Talk to Them – First and foremost, let them know the real dangers of distracted driving.  They might shrug it off at first claiming they never use their phone while driving.  But they should know that there are other distractions.  Emphasize the fact that it won’t take long to get to their destination, so just keep focused on the road until arrival.

Show Them – Set a good example.  If you’re using your phone, then trying to tell them not to use their phones, it’s going to be an uphill battle.  When you’re driving together, show that you focus ONLY on the road, and you don’t even mess with the radio unless you’re at a complete stop.

Encourage Them – When you see them do the right thing, send praises their way.  If their phone rings while driving, and they ignore it, tell them you’re proud of them.  You can even go as far as setting a reward system.  If they don’t pick up their phone while driving, or otherwise stay focused on the road, treat them to ice cream, or a dinner out.

Punish Them – Rewards and encouragement work well, but so do punishments.  Be firm with consequences.  If they’re ignoring safety, take away the phone, restrict their driving privileges, cut out other privileges.  They will certainly hate you for now, but over time, they’ll realize that you are hoping for their safety.

There are a number of apps that help reduce the use of phones while driving – the iPhone actually has a built in Do-Not-Disturb feature that automatically turns on if it detects movement at speeds similar to driving.  You can even create your own “best practices” like putting the phone in the glove box while driving, or not allowing the teen to drive with passengers in the vehicle until they have a year of experience.

Herbert Law Group is Your Source for Justice

Suppose you, or your teen, are following all the safe driving protocols, and another distracted driver hits you.  What do you do?

If you’re injured, do you hope that the insurance company is going to help pay for everything, and you will have no issues collecting a settlement?  Or do you think you’ll end up fighting with them for months as they hem and haw over what actually happened?

If this is the case, you need Herbert Law Group.  We know how to deal with insurance companies, and we’re ready to go to court to fight for your justice.  You don’t have to worry about a thing, we’ll handle the troublesome insurance companies so you receive a settlement that’s in your best interest.

Let’s get started with a free phone conversation.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

Five Road Hazards that are Lethal to Motorcycles

Road hazards for motorcycles accident lawyer in texas

Motorcycles Have to be Extra Vigilant

When you’re on a motorcycle, there are times when you’re put in harm’s way simply because you’re on a motorcycle.  Road hazards that may not be a big deal to a car or truck, can turn deadly quickly for those riding on two wheels.

Today, the Car Crash Captain is looking at some of those road hazards, and seeing who ultimately could be liable if you’re injured in a crash due to one of them.

1 – Uneven Pavement or Potholes

Local governments are largely responsible for maintaining the roads.  When the roads are neglected, and damage is done to a vehicle or injury to a rider, they can be held liable.  Hitting a pothole can blow out tires and throw a rider from his or her motorcycle.

The problems come up with proving negligence.  With hundreds, or even thousands, of miles of roadway to maintain, it may be difficult to prove that the government had notice of the hazard and failed to act accordingly.

2 – Gravel and Debris

Gravel and other debris get onto the roads quite often.  From construction zones, to truck spills, to poorly maintained roads that are literally crumbling away, that debris becomes road hazards that cause motorists to lose control of their vehicles, and can cause motorcyclists to crash and be injured.

Property owners or construction companies can be held liable if their debris led to an accident.  That includes property owners who blow fallen leaves into the street instead of disposing of them properly – protect yourself from a lawsuit by maintaining your property instead of pushing it into the street and making it someone else’s problem.

3 – Improper Drainage

Most streets have storm drains.  After a heavy deluge, the water heads into the drains and is whisked away to nearby rivers.  They are generally fast and effective means of removing the water from the roads, and eliminating potential risks.

But they’re not always as effective as they should be.  Sometimes they get clogged with debris and aren’t cleared in time.  Sometimes the roads are improperly designed and they don’t drain as they should.  Large puddles are road hazards and can lead to hydroplaning and wrecks.  The municipality in charge of maintaining the road, or the construction company that built the road, could be at fault here.

4 – Overgrown Vegetation

Vegetation can block views, traffic signs, signals, and more.  It can become a problem for motorists and those riding motorcycles.

If growing on private property, the property owner is responsible to trim their trees and shrubberies so vehicles have a clean line of site.  If this isn’t done, the liability for an ensuing accident could lie, at least partially, on them.

5 – Construction Zones

Construction is essential to ensure the roads don’t become dilapidated and lead to wrecks mentioned earlier due to potholes.  And as much as it’s frustrating to deal with construction, it’s something we have to put up with so we have good roads.

It is to be expected that there are some hazards in the construction zone.  However, the company doing the work is responsible to ensure motorists know about those road hazards – such as loose gravel, abrupt drop-offs, entering equipment, and more.  If they don’t warn motorists, they can be held liable for a wreck that ensues.

Herbert Law Group Motorcycle Accident Victims

Road hazards will always be there.  Ideally, they’re handled in a fast and effective manner, but things are overlooked.

If you’re a rider, and you’ve been injured in a crash due to road hazards, it’s important that you speak with an attorney from Herbert Law Group right away.  We can help you find justice so you can focus on healing from your injuries.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you.

Wide Turning Trucks Can Cause Accidents

Wide turning trucks lawyer in Texas

How to Avoid a Collision with a Wide Turning Truck

Because of their sheer size, trucks aren’t able to make turns as easily as passenger vehicles.  You have probably been at an intersection that gets congested because of the need to swing wide – often because an unknowing motorist ends up in the truck’s way causing them to stop until things can get cleared up a little bit.

It’s a common issue, but it can also lead to dangerous wrecks if the truck driver, or the motorist, lacks experience.  Today, the Car Crash Captain takes a look at what these wide turning trucks can do, and how we can all stay safer on the roads.

What Happens when a Truck Turns?

Wide turning trucks often cause issues on older and narrower streets.  Because they’re hauling a trailer that makes the overall vehicle around 72 feet long, they can’t just pop into any old turn like we can in our little four-wheel rigs.

Right hand or left hand means they have to adjust the approach, or the final aspect of their turn – it often means they’re crossing into another lane to do so.  Inexperienced truck drivers or inattentive and inexperienced motorists may not recognize the turn, or be able to indicate their intent, and a wreck can occur.

Due to the size of the truck and the inability to see in large blind spots, these wrecks can be devastating, even at slow speeds.

What’s a Squeeze-Play Turn?

One of the more common wrecks is known as the squeeze-play turn.

Suppose a truck rolls on up and wants to make a right-hand turn.  But they can’t just turn right, or they’ll be hopping up and over the curb; maybe knocking over a light pole.  There’s traffic coming from their right, so they can’t swing wide into the oncoming lane as they complete the turn.

To help them around the corner, they often turn left, then swing it back to the right.  Doing so can cause the turn signal to turn off, and a motorist behind them sees the truck start to the left and they assume they’re making a left-handed turn; so, they pass on the right.

The truck then swings back to the right, and the motorist, especially if they’re in a small car, can get caught underneath the truck’s trailer.

Who is at Fault in these Wrecks?

It can go either way in these accidents.  In the aforementioned squeeze-play, it’s likely that the motorist would be at fault.  But what if the truck driver truly did signal “left” on accident?  A dash cam is incredibly handy in that situation.

In other situations, it all boils down to if the trucker was acting negligently, or doing his or her best given the roads they’re required to drive on.  Was the motorist in the wrong place, or was the truck driver impeding their travel?

Why You Need a Truck Accident Lawyer

If you were in a wreck with a big rig, then you need a lawyer to help you out.  Most trucking companies have lawyers on their side, and as soon as there is a wreck they’ll be making calls to insurance companies and legal representation.

The insurance companies will come out and assess what happened, and they’ll work their tail off to make sure the truck driver wasn’t at fault, or at least to show you’re partially at fault.  You need your own legal team to help ensure you’re not trampled legally, and you find justice.

Herbert Law Group is on Your Side

Herbert Law Group is all about ensuring your justice.

We know how to handle insurance companies, we know how to look at these wrecks, and we know how to show that you are an innocent victim.

Wide turning trucks can cause issues, but no matter how your accident happened, let’s talk about it and see how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you for your free initial consultation.