How much is my motorcycle accident worth?
I know you were hoping for an easy answer, but determining the potential value of a motorcycle accident case is hard (okay, impossible) to do without knowing the details of a case. How serious are your injuries? Do you have a permanent disability or chronic pain? Do you know the policy limits of the defendant’s insurance coverage? Are you expected to miss work due to your injuries?
There are many factors which go into determining the total damages (and thus the potential value) of a motorcycle accident case, but by asking an attorney for a free case evaluation, you can get an idea of exactly how much your case may be worth. Having a qualified and experienced attorney look at your case (as well as carry out vital investigative work) might uncover things like more defendants, additional damages, culpability, etcetera. If Rasansky | McKenzie Law agrees to take on your case, this is all done at no cost to you.
Get in touch with an experienced Dallas motorcycle accident attorney today so that you can get a good idea of the strength (and value) of your case. Call us 24 hours a day at (214) 651-6100.
I was in a motorcycle accident with no helmet, can I still sue?
Yes, you can still file a Texas personal injury claim after a motorcycle accident even if you were not wearing a helmet at the time of the collision. Whether or not you were wearing a helmet has nothing to do with who caused the accident and who is ultimately at fault for your crash. However, it’s important to note that even though you are not required by law to wear a helmet in the State of Texas, you may be found “comparatively negligent” for a portion of your damages (injuries) due to your choice not to wear one.
If a loved one been seriously injured in a motorcycle accident but was not wearing a helmet, you still have options. Call us for a free consultation at (214) 651-6100. We may be able to help you start on the right track.
What are the Texas motorcycle helmet laws?
In Texas, motorcycle riders must always wear a helmet if they are under the age of 21. If “the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course… OR was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle,” a helmet is not required by law.
Failure to wear a motorcycle helmet is a secondary offense in Texas; that is, a police officer cannot pull over a motorcycle rider only to see if he or she has medical insurance, has taken a motorcycle training and safety course, and/or is of a certain age.
While motorcycle helmets are not required for many riders in Texas, helmets have been proven to minimize injuries and prevent deaths caused by relatively-minor motorcycle accidents. Over the years, we’ve handled a countless motorcycle accident cases where the victim could have avoided brain damage (or death) simply by wearing a helmet. Because of this, we strongly encourage ALL riders to wear protective gear when riding.
Even if you’re the most-skilled rider out there, you can’t control or predict what other drivers may do.
My bike accident was caused by a problem with the road. Do I have a case?
Yes, it is possible that your accident was caused by poor road design, dangerous road conditions, or an improperly maintained property. Whether or not you have a valid personal injury claim after a bicycle or motorcycle accident depends on a number of factors related to your specific incident.
Here are just a few important questions you should ask if you believe your accident was caused by a problem with the road:
- Should my bike/motorcycle accident have been prevented by the entity that maintains the road?
- Did the entity that maintains the road know about the issue that caused your crash?
- Did other accidents take place in the past in the same area and for the same reason?
- Was the road hazard an obvious danger?
- Could it be argued that you should you have seen the danger and avoided it on your own?
- Do you fear that other riders will suffer accidents and injuries in the same place in the future?
Cities, towns, and counties have a responsibility to keep their roadways reasonably safe and free from hazards. In addition, private property owners have a similar responsibility. If you’ve been injured and would like to learn more about your legal options, call Rasansky | McKenzie Law at (214) 651-6100 today.
What are the Texas laws concerning passengers on motorcycles?
Before September 1st, 2009, Texas had no laws governing age, height or weight of motorcycle passengers. However, after HB 537 was passed during the 31st Legislative Session, no passengers under the age of five were allowed on motorcycles. The laws on helmet requirements remained the same: passengers under the age of 21 were required to wear helmets while those over the age of 21 were not required to wear helmets as long as the driver met the helmet exemption requirements.
Malorie’s Law was passed in 2013, and as of 2015, motorcycles that are equipped to carry passengers are required to have passenger footrests and handholds installed.
Read more on motorcycle accidents.
Is lane splitting legal in Texas?
Lane splitting refers to moving through congested traffic on your motorcycle – essentially, driving between two lanes of congested traffic. Different states have their laws regarding this kind of behavior. In Texas, the law doesn’t expressly forbid or allow lane splitting. Because of this, determining liability in an auto accident caused by lane splitting will be more difficult. As such, liability will likely be heavily contested by insurance companies.
Can I run a red light if my motorcycle fails to trigger the traffic light?
There are no exemptions within Texas law that allow any vehicle other than an emergency vehicle to proceed through a red light. The motorcycle operator must legally turn or change lanes when it is safe to do so and then locate a different route.
The Texas Transportation Code does requires certain traffic-controlled traffic signals to have the ability to detect the presence of a motorcycle, but a failure of this system does not permit riders to run a red light.
What are the motorized scooter & moped laws in Texas?
There are different laws and regulations for motorized scooters (such as mopeds and Vespas) and motorcycles in Texas. Let’s look at some of the basics:
- For motorized scooters with more than a 50cc engine, riders must hold a motorcycle license or motorcycle license endorsement – which requires a written test and a road test.
- Scooter users must have a Class C Driver’s License for motorized scooters with a 50cc engine or less.
- All motorized scooters of all sizes must be registered in Texas and pass an annual inspection.
- Helmets are required for all riders under the age of 21. Helmets may not be required for those with health insurance coverage who have taken a safety course.
- Mopeds are required to use a headlight in the dark.
- Motorized scooters must have working brakes.
- Mopeds must travel as far to the right side of the road as safely possible when traveling slower than surrounding traffic.
- It is illegal to attach someone on a sled, skates, or other toy vehicle onto a motorized scooter.
Have you been involved in a Texas motorized scooter accident? Speak with a Dallas auto accident attorney at Rasansky | McKenzie Law today.
Can I sue after a car-vs-bicycle crash?
If you or were seriously injured in a Texas bicycle accident, you may file a lawsuit in order collect damages from the person or entity that was at fault for your accident. Damages could include medical bills, lost wages, loss of future wages, pain and suffering, and mental anguish.
Before filing a lawsuit, it is key to determine what caused your accident and who was at fault for your injuries. While the driver of the vehicle that struck you is often at fault in a car-vs-bicycle accident, other factors may have been at play. For example, your bike accident could have been due to poor road design, a malfunctioning traffic light, a mechanical problem, a bike manufacturing error, or due to premises liability issues. Even if you believe that you were at fault for your bike accident, it is important to speak with an attorney and have an expert fully investigate the actual cause of your wreck.
Are you considering a bike accident injury lawsuit in Dallas? Speak with our Texas personal injury attorneys today by calling (214) 651-6100.
Can I sue for my Jet Ski accident injury?
Jet skis are an exciting and enjoyable way to enjoy lakes, oceans, and rivers. However, jet skis can be dangerous and jet ski accidents can result in serious injury and even wrongful death.
While some jet ski accidents are simply accidents that could not have been foreseen, other accidents could have been prevented if not for the actions of a negligent party. For example, your jet ski accident injury could have been caused by a reckless boater, an intoxicated boater, a negligent rental company, or even the jet ski manufacturer. Read our page on Dallas Jet Ski accidents to learn more.
Who may be liable for an ATV accident?
Who is at fault for your ATV accident or injury depends heavily on the details of the accident and the evidence available. Understanding who is at fault for your all-terrain vehicle crash means understanding why the crash took place and whether or not it was preventable. With that in mind, here are some common responsible parties:
- The manufacturer of the ATV.
- The ATV maintenance or repair company.
- The owner of the premises where the accident occurred.
Want to learn more about your Dallas ATV accident, and whether you should take legal action? Speak to the ATV accident and injury attorneys at Rasansky | McKenzie Law today.