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Avoid Motorcycle Accidents: Places on the Road for Motorcyclists to Avoid

September 25, 2014 By karbuckle2016 Leave a Comment

Motorcycle paths in TexasYou can’t control other drivers, but you can control where you ride. According to an article on www.rideapart.com, there are a few spots on the road that motorcyclists should avoid as much as possible.

  1. 1.  Blind Spots

Avoid staying in another vehicle’s blind spot longer than necessary. There is a significant blind spot along the side of most passenger vehicles and trucks. You can’t avoid dipping into other vehicles’ blind spots, but it’s best to pass through the blind spot as quickly as possible.

  1. Middle of a Lane when Stopped

Sitting in the center of a lane when stopped is an invitation to be sandwiched between cars. Instead, it’s recommended that you position yourself on the outside of vehicles in front of them so that, if you’re rear-ended, you won’t end up crushed between cars.

  1. Passing Unsafely on Country Roads

It can be tempting to pass slow-moving vehicles on winding country roads, but that can be an invitation to disaster if you misjudge the distance you’ll need to safely pass in front of the vehicle you’re overtaking. A mistake can end in a head-on collision. [Read more…]

Filed Under: Blog, Featured, Motorcycle injury, Personal Injury, Texas

Loss of Consortium in a Texas Motorcycle Accident Case

September 23, 2014 By karbuckle2016 Leave a Comment

Happy coupleWhen your spouse has been injured in a Texas motorcycle accident, you may have a claim for loss of consortium against the person that caused the accident if your relationship and the benefits of the relationship have been disrupted by the accident.

A loss of consortium claim can be brought by the non-injured spouse as part of the injured spouse’s personal injury lawsuit but is a separate claim. These claims are often thought of as centering on loss of sex life, but cover far more than that. A loss of consortium claim may include loss of sexual intercourse, but could also include damages for loss of companionship, comfort, and services provided by the injured spouse.

Loss of consortium claims are derivative, meaning that the injuries to the spouse had to be the fault of the defendant for the non-injured spouse to have a claim. [Read more…]

Filed Under: Blog, Featured, Motorcycle injury, Personal Injury, Texas

Motorcyclist Killed by Driver Making a Left-Hand Turn

September 15, 2014 By karbuckle2016 Leave a Comment

Left-hand turn TXThere are too many stories in the news where a motorcycle accident involves motorcyclists who are seriously injured or killed by negligent motorists who were either distracted by a cell phone, weren’t paying attention or were intoxicated. Despite being a safe rider, there’s no guarantee that someone else’s mistake won’t result in serious injuries to you or a loved one. Cars turning left against traffic are a particularly dangerous hazard for motorcyclists.

In one recent Texas motorcycle accident, an Amarillo teen was killed when he broadsided a car. The crash happened on Sunday, August 10, when a 2001 Buick Park Avenue traveling northbound on the road attempted to make a left-hand turn onto another street. The motorist, who is 78 years old, didn’t see the southbound motorcyclist, who struck the side of the car with his 2011 Harley-Davidson motorcycle.

The motorcyclist was taken to the hospital by ambulance later died as a result of his injuries. The other driver was also taken to the hospital but had non-life threatening injuries, according to the Amarillo Police Department. At the time of this writing, there is no word whether the driver of the Buick will be charged for her role in the accident. [Read more…]

Filed Under: Blog, Featured, Motorcycle injury, Personal Injury

Proportionate Fault in Motorcycle Accident Cases

September 10, 2014 By karbuckle2016 Leave a Comment

Cash pie chartIf you’re a motorcycle rider who’s been injured in an accident where you’re partially at fault, you may wonder whether you can still receive financial compensation for your injuries. Under Texas law, your financial recovery depends on your level of fault in the accident. Division of fault between the plaintiff and defendant in a personal injury case is called “proportionate fault” in Texas and “modified comparative fault” in many other jurisdictions.

A Plaintiff can still recover against a defendant if the plaintiff is no more than 50 percent at fault for their injuries. But a plaintiff who is more than 50 percent at fault for his or her own injuries ca not recover anything from the defendant. So if a motorcycle rider who was speeding at night on a country road hits a car turning onto the road off a side street and is found to be 60% at fault in the accident, the motorcycle rider won’t be able to recover anything from the driver for his injuries since the motorcycle rider was more than 50 percent at fault for the accident.  [Read more…]

Filed Under: Blog, Motorcycle injury, Personal Injury

Motorcycle Accident Liability for Passenger Injuries

September 2, 2014 By karbuckle2016 Leave a Comment

Motorcycle passengersWhen a motorcycle passenger is injured or killed in an accident, who can be held financially responsible?

Where the accident involves another vehicle, the first place to look for recovery is the other driver. Everyone on the road has a duty not to create an unreasonable risk of danger to other drivers. And when a driver breaches that duty, causing injuries to another driver or their passengers, they can be held financially responsible for the other person’s injuries.

In a Houston motorcycle accident from January of this year, the rider was injured and a passenger was killed when the motorcycle slammed into the back of a van.

But when a motorcycle passenger is injured in an accident that doesn’t involve another vehicle, who is responsible for the passenger’s injuries? If the accident happened because the driver was negligent, the passenger may have a cause of action against the rider. For instance, if the rider causes the accident by going too fast for conditions, passes against a double-yellow line or fails to properly maintain the motorcycle, the rider may be financially responsible for the passenger’s injuries. [Read more…]

Filed Under: Motorcycle injury, Personal Injury

Texas Motorcycle Licensing Rules

August 26, 2014 By karbuckle2016 Leave a Comment

TX Motorcycle licensingRiding a motorcycle in Texas can be one of the most enjoyable ways to take in the great outdoors. Many people swear they will get a license but why bother when you’ve been riding and pick it up so easily? There are valid reasons to obtain a valid license.

Follow these steps to legally obtain a license in Texas.

In order to operate a motorcycle in Texas it’s necessary to obtain a Class M driver license. Qualifying for a Class M license requires that you satisfy the requirements for obtaining a standard driver license in addition to specific Class M requirements.

You must take a Department of Public Safety motorcycle safety course to qualify for a Class M license. If you have a valid license from another state, you do not need to take a motorcycle safety course.

Anyone who does not have a valid out-of-state motorcycle license must pass a written motorcycle knowledge test. Everyone must take a riding test unless they satisfy one of the following exceptions:

1. They are 18 years old, have successfully completed a motorcycle safety course and have a valid Texas Class A, B, or C license.

2. They are 18 years old and have a valid, unrestricted out-of-state motorcycle license.

3. They are applying for a learner license (Class M license with a J restriction).

4. They are applying for a Class M license with a K restriction, meaning that they will only be permitted to drive a moped. [Read more…]

Filed Under: Blog, Houston, Motorcycle injury, Personal Injury, Texas

Texas is Motorcycle Country

August 20, 2014 By karbuckle2016 Leave a Comment

Motorcycle open roadAccording to the Texas Department of Motor Vehicles, state motorcycle registrations have increased from 180, 345 at the turn of the century to 439,108 last year. And it’s no surprise that motorcycles are so popular in the state.

The long riding season is definitely a plus for Texans. This article appearing in the Killeen Daily Herald talks about some of the ways Texas motorcycle enthusiasts are able to take advantage of the summer months, as well as discussing current biker trends. Naturally, nobody would ever plan to add a motorcycle injury into the fun. The Houston motorcycle injury lawyer of Kurt Arbuckle, P.C. encourages safe riding to prevent injuries and prolong the ride!

For those stuck in the frozen north, the riding season may be a few paltry months, but in the Lone Star state, your riding season may run year-round.

Will Watson, the sales manager at Indian Motorcycle of Fort Hood is optimistic about the growth potential for motorcycles in Texas. “This area rotates people about every three years and the riding here is beautiful, so I think the potential for growth in this area is limitless.” But the owner of Killeen Power Sports, Jim Foster, doesn’t agree. According to Mr. Foster, “The motorcycle future is flat right now, and the sales have not returned to where they were before the recession.” He believes that the economy is a prime factor in the downturn. [Read more…]

Filed Under: Blog, Houston, Motorcycle injury, Personal Injury, Texas

Study Finds that Older Bikers More Likely To Be Injured In a Motorcycle Crash

August 19, 2014 By karbuckle2016 Leave a Comment

Older motorcycle riderA recent study in the journal Injury Prevention has found that, although older riders are getting in fewer motorcycle accidents than their younger counterparts, their injury rate in accidents is three times that of younger riders.

Older riders, 60 and over, tend to be injured worse in these accidents, in part because of the physical deterioration that comes with age. “[O]lder riders were shown to suffer more head and chest injuries, and to be more likely to die as a result of their injuries.” They are also three times more likely to be hospitalized as a result of a motorcycle accident than riders in the 20-39 demographic.

These riders also have risk factors that may have contributed to a motorcycle crash, for instance, “delayed reaction time, altered balance, and worsening vision.”

The article reached conclusions about these results that could be useful in decreasing the incidence of these motorcycle crash injuries.

For instance, it concluded that some of these older riders were injured because they were new to motorcycles or had skills that deteriorated over time. A refresher course in motorcycle safety may be appropriate for some older riders. [Read more…]

Filed Under: Blog, Houston, Motorcycle injury, Personal Injury, Texas

Finding the Best Texas Motorcycle Routes – Avoid Motorcycle Accidents

August 7, 2014 By karbuckle2016 Leave a Comment

Texas motorcycle roadwaysIf you’re looking for the best Texas motorcycle routes in its 260,000 square miles, you may want to check out this website. The site includes routes for all 50 states, including Texas.

Every rider is sure to find a favorite spot to ride in Texas. Whether it’s the state’s 624 mile coast along the Gulf of Mexico or the “big rolling grassy plains” of the panhandle. But Texas isn’t all plains, with elevations rising from sea-level to 8,749 feet. There are rolling hills covered with wildflowers in the center southwest, and “parries, lakes, and piney forest while becoming more green and moist as you approach the Louisiana border” toward the eastern side of the state. And in the west you’ll find scenery that would fit into a stereotypical Western with “landscapes of arid and rugged mountains, blowing tumbleweed, valleys and sandy plains.” [Read more…]

Filed Under: Blog, Houston, Motorcycle injury, Personal Injury, Texas

Top Tips for Beginner Bikers

July 21, 2014 By karbuckle2016 Leave a Comment

Photo Credit: driver Photographer via Compfight cc

Photo Credit: driver Photographer via Compfight cc

Riding a motorcycle for the first time can be both exhilarating and frightening. While you crave the wind in your face, you don’t desire to experience the severe repercussions of a rookie mistake.  It is pertinent to your safety to take precautions and make sure you are completely ready to ride.

At Kurt Arbuckle, P.C., the last thing we want is for you to become a victim of a motorcycle accident due to being unprepared. While researching motorcycles safety, I came across this beginner’s motorcycle guide. Here are some valuable tips:

  • Wear the right gear. First things first, you must wear a helmet when riding a motorcycle. Best Beginner Motorcycle suggests wearing a full-face helmet because, statistically, you are more likely to hit the front of the helmet than the back. You also need gloves.

[Read more…]

Filed Under: Motorcycle injury, Personal Injury, Uncategorized

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