And Myths that Won’t Make a Big Difference

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

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

7 Real Mistakes that Can Hurt Your Injury Claim

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I wasn’t following the speed limit exactly.

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

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

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

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

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

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

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

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

Get Help from Herbert Law Group

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

How’s this work?

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

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

The New Dangers When Sharing the Road

Big rigs keep America moving.  There’s no denying that our road-based infrastructure requires trucks to ensure shelves are stocked and our modern way of life can keep moving.  However, as the truck driver shortage worsens, the dangers increase for everyone on the road.

Truck driver fatigue is a growing issue.

In an era where technology is helping improve safety on the roads, there’s little that can be done about driver fatigue.  And it’s not just a safety issue it’s a public health issue and a legal one too.  The NHTSA recognizes the problem, and knows that annually hundreds of people are killed because of drowsy driving.  Today, the Car Crash Captain, from our offices in Richardson, Texas, looks into why this is a growing issue, and what can be done.

What is Truck Driver Fatigue?

If you crash while under the influence, it’s easy to test you for drugs or alcohol.  But how does a report capture drowsy or fatigued driving?  It’s difficult to quantify, unlike a blood alcohol content that shows a higher BAC generally means more impairment.  Is “a little tired” worse than “a bit drowsy” or “fatigued” or “zonked”?  They all have a big impact, but truck driver fatigue can end up being worse than other motorists being fatigued.

Commercial truck drivers are held to a higher standard than your average motorist.  They have certain number of hours they can drive, but long hours, irregular sleep schedules, and tight deadlines can cause carelessness and chronic fatigue.  Federal hours of service all up to 11 hours of driving in a single shift.  Even when following the rules, that can lead to driving dangerously tired.

Suppose a driver wants to avoid the heaviest traffic, when do they drive?  In the middle of the night the roads are usually much less busy than mornings and evenings.  But most drowsy driving crashes happen between midnight and 6am – when the body is naturally less alert.

How does Texas Fare for Truckers?

Texas is already one of the deadliest states when it comes to commercial vehicle wrecks.  With a large population, a lot of highway, and congested cities, this is bound to happen until some sort of alternative can be worked out.

Those long stretches of highway can lull even the most alert driver to sleep.  And a news report from the Cron.com, published late 2025, found that Texas ranks third for the most fatal large-truck crashes involving drowsy drivers.  Truck driver fatigue is responsible for 6% of all fatal large truck crashes (Colorado ranked 2^nd with 7% of wrecks due to drowsy driving, and Wyoming was first with 11% of wrecks caused by truck driver fatigue).

So, what can you do to avoid being a victim?

• Drive during the safest parts of the day (10am to 4pm is deadliest)
• Take extra care during bad weather
• Pass quickly, don’t linger in blind spots
• Be extra aware of what “could” happen

No matter how diligent of a driver you are, there are times when accidents happen.  And if you’re doing everything you should be doing, but you’re still injured or a loved one is killed because of another motorist’s negligence, you need to have a truck wreck lawyer on your side.

How Herbert Law Group Helps Truck Wreck Victims

Accidents that involve injury or death are complicated.  There’s a lot more that goes into these things than most people realize, and the insurance companies are hoping you don’t know how to protect yourself.

But here’s the good news: you don’t have to know what to do.

You just have to keep in mind that Herbert Law Group, serving the areas around Dallas and Fort Worth, know what they’re doing.  We have dealt with a lot of car wrecks, including those caused by truck driver fatigue.  The results speak for themselves: victims that have received compensation that actually help them return to a life worth living.

What do we need from you?  We need to get to know you and find out what happened.  Let’s do that with a quick phone call to determine how we can help.  Call our offices in Richardson at 214-414-3808, or fill out the contact form on our site and we’ll call you.

Why is Texas Deadlier than Other States?

Hopping on your motorcycle and feeling the wind in your air… that’s why people ride.  It’s invigorating, freeing, and many bikes get much better gas mileage than their four wheel counterparts.

But that excitement doesn’t come without its risks.  We don’t have to tell you that riding a motorcycle is more dangerous than driving a car.  Besides the obvious (the lack of protection from the car body) what leads to the higher number of fatal motorcycle accidents in Texas?

Contributing Factors to Fatal Motorcycle Accidents

According to the 2017 data from the NHTSA Texas had a total of 490 fatal motorcycle accidents that year.  That’s around 9.4% of the total deaths for the entire US (which, if you compare population for Texas vs. the USA, Texas has about 8.8% of the population).

So, what contributed to those fatal accidents?  There are a few categories we should look at.

Speed – They say that speed kills.  When you’re in the open air, it happens more often.  Among fatal car crashes, 18% were caused by excessive speed (nationwide).  But when you look at fatal motorcycle accidents, speed was a factor in 32% of those wrecks.

Alcohol – Alcohol use while driving has gone down in recent years, but it’s still a significant factor.  35% of fatal motorcycle accidents were discovered to have at least some alcohol in their system (with 28% of that 35% being over the legal limit).

Helmet Usage – If you’re over the age of 21, you aren’t required to wear a helmet when riding in Texas (with proper certification).  But, it seems that most people do.  Roughly half of the fatal motorcycle accidents occurred when the rider was wearing a helmet.  Compare that to states where no helmet laws are in place, and the un-helmeted fatalities are closer to 70% of the total.

Population – Higher population states naturally have a higher number of fatal motorcycle accidents.  But that’s not always a factor.  If you look at Florida (population 21.5 million), they had the majority of the fatal motorcycle accidents despite a lower population than many other states.

Texas has a large population.  So, the number of fatal wrecks is going to be higher.  But if everyone that rides practiced safer riding (and wear a helmet), and all other vehicles do their diligence to watch out for those on bikes, that number can continue to go down.

Herbert & Eberstein Help with your Texas Motorcycle Accidents

Until we live in a perfect world, there will always be accidents.  Some of them will result in injury, and some will be fatal.  Compound the matter with insurance companies that want to pay you a tiny settlement that doesn’t compensate you, and these things are tough to recover from.

That’s where Zach Herbert and Brian Eberstein come into play.  With plenty of experience and deep knowledge of Texas motorcycle law, you can focus on healing or grieving, and we will handle the insurance companies.

Fill out the contact form, or give us a call at 214-414-3808, and let’s have a conversation about what happened to see if we’re able to help with your case.