Kurt Arbuckle | Houston Personal Injury Attorney

Houston, TX Personal Injury and Car Accident Attorney

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

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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…]

Loss of Consortium in a Texas Motorcycle Accident Case

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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…]

Motorcyclist Killed by Driver Making a Left-Hand Turn

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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…]

Proportionate Fault in Motorcycle Accident Cases

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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…]

Motorcycle Accident Liability for Passenger Injuries

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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…]

Texas Motorcycle Licensing Rules

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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…]

Houston Celebrates Labor Day 2014

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Houston Labor Day 2014Houstonians know all about having a good time after putting in a hard day’s work. That’s why this Labor Day, why not enjoy some fun? You earned it!

Take a look at some of these Houston Labor Day activities where you and your whole family can blow off a little steam and celebrate living in the greatest state in the world’s greatest country.

The Houston Labor Day Cup runs from August 30th to September 1st and promises a good time for every age! Houston’s premier youth soccer tournament hosts over 400 teams from North and South Texas, and Louisiana. Since the tournament’s inception in 1983, the soccer games, family fun activities, and celebration of good sportsmanship have welcomed families from all over the state to participate in this annual event. Come out and make some memories at Bear Creek Park and Katy Park. Check the event website for more information.

Looking for something a little more grown-up? How about a beer enthusiast’s dream come true? “Craft-beer lovers, rejoice!”  So say event promoters for this year’s Brewmasters Craft Beer Festival taking place Labor Day weekend at Moody Gardens on Galveston Island. With over 400 craft brews, this is the event you don’t want to miss. Meet industry experts and put your knowledge to the test. All this plus live music, beautiful scenery and the beach. For ticket information, parking, and event details please check the event website.
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Texas is Motorcycle Country

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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…]

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

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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…]

Finish-Line Motorcycle Crash Kills 54 year-old Racer

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Motorcycle raceA challenging Colorado motorcycle race ended in tragedy for Bobby Goodin when he crashed his bike while crossing the finish line at the Pikes Peak International Hill Climb on June 29, 2014. According to witnesses, Mr. Goodin crashed when he lost control after raising his arms to celebrate his finish. After losing control, he hit a boulder and “fell face first” into some rocks. Mr. Goodin finished in 40th place in the race and 4th place in his division.

Although five racers have died since the race began 92 years ago, this is the first motorcycle crash resulting in a death in over 30 years.

Called the “Race to the Clouds,” the Pike’s Peak International Hill Climb is a 13-mile race with over 150 turns. Elevation starts at 9,300 fee and rises to over 14,000 feet by the finish line. The high altitude increases the difficulty (and danger) of the race because it “slows reflexes and saps muscle strength — plus it robs engines of 30 percent of their power. Competitors and vehicles must be in top shape simply to finish.” This was Mr. Goodin’s second time competing in the race.

Although this crash sounds like it was due to rider error, losing control of your bike doesn’t necessarily mean that you were at fault for purposes of a personal injury lawsuit involving your motorcycle. [Read more…]