If you ride a motorcycle, you’re aware of the danger traffic presents. You have the same rights to the road as cars do, but always remember that, not only are you less visible, but also that passenger vehicles outweigh and out power you.
There are many factors that contribute to accidents involving motorcycles, however in many cases, the negligence of car drivers is the leading cause. According to TxDOT, Texas has seen more than 2,000 fatalities from motorcycle accidents since 2010. Being less visible and less protected, compared to passenger vehicles, you are at a higher risk of being involved in catastrophic accidents. Here are some common accident scenarios and ways that you can help keep yourself safe.
This occurs when a driver realizes that you only take up half a lane leaving them room to occupy the other half. They will tend to pull alongside as you make a right turn increasing the risk of sideswiping you. To avoid this, always keep the whole lane to yourself by taking up enough of the lane to limit the space for another vehicle.
Left turn dangers. Passenger vehicles turning left in front of motorcyclists is one of the most potentially dangerous scenarios riders face. Almost 50% of fatal motorcycle accidents occur when a driver fails to notice a motorcycle while it’s making a unprotected left turn. Drivers may underestimate your speed or not see you at all and will turn right in front of you. Keep yourself safe by being extra cautious when turning left in the presence of cars and always give yourself plenty of space at intersections.
It may surprise you to know how many drivers don’t know how to adjust their car mirrors correctly? Most drivers are actually looking at the side of their own car in the mirror rather than what's in the lane beside them! Always be cautious that you could be in a passenger vehicle driver’s blind spot. If you think you think you might be someone’s blind spot, speed up or slow down to get out of it quickly so they can see you. Sideswipes can occur when a driver makes a lane change, with or without a signal when you are hidden from their site in a blind spot. When this happens, motorcyclists are left with little time to maneuver to avoid collision.
For some reason, drivers can't seem to judge their speed or distance of motorcycles they share the road with. Following too close lessens the reaction time of a driver to avoid collision due to their misjudgment. Being less stable and less protected leaves you at a higher risk of sustaining serious injury or even death if you are rear-ended.
Being easily overlooked by the average driver is bad enough. Sharing the road with distracted drivers or drivers under the influence puts you at an even higher risk of injury. These drivers have even less time and capability to deal with an unexpected motorcycle. Steer clear of any car that is moving erratically, drifting out of their lane, or who has their phone in their hand.
If a negligent passenger vehicle driver hits you and causes you harm, they may be liable for damages. You’ll need to speak with an attorney to determine whether or not you can file a lawsuit in your case. Being able to do this can get compensation from a settlement to cover your pain and suffering, medical costs and loss of property. Make sure you get your personal injury case evaluated by a qualified Dallas motorcycle accident attorney.
For a free consultation, call our Dallas motorcycle lawyers today at (214) 651-6100 or (214) 651-6100. We're happy to discuss your options free of charge, and your case and put money in your pocket.
When it comes to motorcycle-vs-car accidents, statistics show that a staggering 42% of collisions are caused by drivers of passenger cars making left turns across traffic.
Motorcyclists have every right to use our roads just as much as other drivers, and it's extremely regrettable that so many riders lose their lives due to the negligence of inattentive drivers. While motorcycles may be smaller than passenger cars, every driver knows to yield to oncoming traffic when making an unprotected left turn, and to always look twice for motorcyclists.
Motorcyclists are more-vulnerable to catastrophic injuries due to the inherent lack of collision protection their vehicles provide, and as such, should be afforded more consideration by all drivers.
Motorists who fail to yield at a left turn are not necessarily trying to cause an accident, but any unsafe actions taken behind the wheel do have consequences.
It's important to understand that even if police decline to file criminal charges against the at-fault driver, they may still be held liable for their actions through a personal injury or wrongful death claim filed by the injured victim (or the family of the deceased). Civil claims and lawsuits are handled completely separately from criminal matters, and you have every right to pursue a civil claim against the negligent party.
If you would like to speak to us (for free) about your case and the options available to you and your family, please call us toll-free at (214) 651-6100. We're happy to explain the process moving forward, give our advice, and explain how we may be able to help. If you decide to have us investigate your claim, we'll do so for free. In fact, we only collect a fee when and if we put money in your pocket, so there's no financial risk in having us help with your case.
As stated above, an estimated 42 percent of all motorcycle accidents involving other vehicles were caused by drivers making unprotected left turns across opposing lanes of traffic (i.e., when facing a solid green light or flashing yellow left turn arrow). Because these accidents tend to occur by surprise when the motorcyclist is traveling at normal speed, collisions are often catastrophic or fatal to the rider. The driver of the car that caused the accident, on the other hand, is likely to only suffer minor injuries.
It doesn't matter if the at-fault driver "never saw the motorcyclist because of a blind spot" or that "their vehicle was not on eye level with the motorcyclist" because every driver knows to never cross opposing lanes of traffic unless they are certain that it is clear and safe to do so. If they pulled into the path of another driver, they obviously did not (or could not) know whether it was safe to turn. This is a prime example of negligence.
Having an attorney file a claim on your behalf not only helps your family seek the justice the victim deserves, but also allows you to recover money damages that will go toward paying medical bills, lost wages, property damage, and any related expenses. If your child, spouse or parent was killed in the crash, not only can you seek the compensation they would have recieved in a personal injury claim (had they survived), you likely also have a valid wrongful death claim.
Through a wrongful death claim, you can also seek compensation for the losses that you and your family are expected to suffer as a result of their death. This can include things such as loss of income or financial support; loss of consortium/companionship; loss of care, counsel, guidance, or support; mental anguish; and more.
Additionally, lawsuits often result in significant safety changes. If it's determined that the intersection where the crash took place was inherently unsafe or lacked appropriate safety features, your claim may directly result in enhancements being made to prevent other similar types of accident from occurring in the future. You'd be surprised by how many lawsuits actually help prevent future accidents!
Insurance companies are known to play dirty when it comes to motorcycle accident claims. Due to the public's perception of motorcycle riders as risk takers, you should expect the insurance adjuster to try and put part of the blame on the victim by default. Even worse, many adjusters will pretend to be on your side, stringing you along before suddenly telling you that they're contesting liability.
They may overlook the facts of the crash report and insinuate that the victim was inattentive, not riding at an acceptable speed, had adequate time to react but didn't, or should have worn or done something to make themselves more visible. It shouldn't be your responsibility to fight every ridiculous argument made by the insurance company, and that's where we can help.
If you contact us and explain the details of your case, we’ll investigate the whole matter for no cost. If it looks like a case we can help you with, we'll offer our assistance on a no-win, no-fee basis. Under no circumstances will we ever ask you to pay us a penny out of pocket; we only earn a fee if and when we win your case.
Once you hire us, you will no longer need to talk to the insurance company. We will begin working on your case immediately, and handle all communication moving forward while you focus on what's important. We promise to use every resource available to handle your case as effectively and efficiently as possible, and no final decisions will be made without your express approval.
With nearly three decades worth of experience handling motorcycle accidents in Dallas, Texas, you can trust us to handle your claim with care and compassion. Call us today at (214) 651-6100 or send us an email. We look forward to helping you.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Injuries which cause disfigurements can have lasting effects on a victim. You deserve to be fully compensated for your injuries, and our Dallas disfigurement lawyers can help. Call us at (214) 651-6100 for a free consultation.
The definition of the term "disfigurement" means to impair beauty or alter one's physical appearance in an unsightly way. In addition to physical pain, victims of disfiguring injuries often suffer from psychological distress, embarrassment, and/or depression.
Victims deserve to be fully-compensated for the damages they've suffered, and this can include more than just medical bills. If it can be shown that someone's negligence caused your injuries, they are liable for making you whole again. Essentially, the goal of a personal injury claim or lawsuit is to return the victim back to the position he/she would have been in if the injury had not occurred.
While it may not be possible for the victim to fully-recover from certain types of disfiguring injuries (burns, scars, amputations, etc.), an experienced personal injury lawyer can help prove up your damages, draft a demand, and ensure that you're given the best opportunity to recover every penny you rightfully deserve.
Some injury scenarios are more prone to cause scarring or other forms of disfigurement. Those types of scenarios include (but are not limited to) the following:
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There are several treatment options that can be used to lessen the psychological effects of disfigurement, including reconstructive surgery, cosmetic surgery, and prosthesis. While these types of treatment options are usually considered elective in nature, you have every right to seek the compensation necessary to make you whole.
In the early stages of medical care and rehabilitation, the victim may find that treatment can be quite extensive and painful to endure. Additionally, such a catastrophic injury can cause collateral issues which can affect your family's financial security. For instance, those who have lost a limb may find their ability to work is more difficult—if not impossible (especially those whose career requires intense physical exertion such as construction and other types of manual labor).
If you missed any work while recovering from your injuries, you're likely owed compensation for lost wages. If your injury prevents you from returning to work in your career field, you may be entitled to seek additional compensation through a diminished earnings capacity claim. After all, it's not your fault that you're unable to return to work and provide for your family due to someone else's negligence.
It’s important for anyone who has been disfigured in an accident to enlist the services of an experienced personal injury lawyer. It’s important to have someone on your side looking out for your best interests, and someone who has experience assessing all the potential costs (damages) associated with your injuries. The value of your claim will depend upon several factors, including the severity of the injuries; past, current, and future medical costs; loss of income; the defendant's insurance policy; your relationship with the defendant; and much, much more.
To get a good idea of what the potential value of your case may be, it's essential that you discuss the specifics of your case with a Dallas disfigurement lawyer today. Rasansky Law Firm offers free consultations over the phone or by email, and we're happy to evaluate the facts of your case and advise you of your options moving forward for no cost. In fact, our firm never even charges a fee unless we actually win your case and put money in your pocket.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
If you've lost a spouse, parent or child in a motorcycle accident caused by another driver, call us at (214) 651-6100 and let our experienced attorney help you seek the justice your family deserves.
We understand the emotional pain and helplessness you're likely feeling right now. Losing a loved one is never easy to cope with, and during this emotionally trying time, you're likely faced with many additional responsibilities which require your immediate attention. Not only must you begin preparing for final arrangements, you're likely tasked with handling the decedent's estate, tending to their financial affairs, and dealing with various insurance matters.
If another driver caused your loved one's death, it may be months before the official investigation is complete. While it is up to police whether or not the at-fault driver is criminally charged for their actions or negligence, understand that the victim's family does have the option of pursuing a civil claim (lawsuit) against those responsible.
When a fatal motorcycle accident occurs as the result of another party’s negligence, the victim’s family has the right to seek compensation for their resulting losses by filing a wrongful death lawsuit against the at-fault party. This type of claim aims to compensate the family member(s) for the amount of money the deceased would have earned and contributed to the family, if not for their untimely death. After all, why should a family be further victimized by the financial consequences of someone else's negligence?
Our Dallas accident attorneys have considerable experience with these types of cases, and we help people like you on a daily basis. Unlike some other law firms in Dallas, Rasansky Law Firm only represents personal injury victims and the families of those wrongfully killed. Our job is to handle your claim from beginning to end, and fight for every penny your family deserves.
We never ask that you pay us anything out of pocket, as we know you're in no position to risk your financial security at a time like this. Instead, you simply hire us with your signature. We'll begin working on your case right away, and the only way our firm recovers a fee is if we actually put money in your pocket through an out-of-court settlement or jury award.
We take this responsibility seriously, and are more than happy to discuss your situation and how we may be able to help when you call us at (214) 651-6100 for your free consultation.
Unfortunately, due to the general public's preconceived notions about "reckless" motorcycle riders, you're already put at a disadvantage from the get-go. Insurance companies will often attempt to place all or a portion of blame on the motorcyclist, even when the facts seem plain as day. They know that if your case makes it in front of a jury, the burden will be on your attorney to dispel these false perceptions.
What most people don't realize is that in motorcycle accidents involving another vehicle, the driver of the other vehicle is actually at-fault in the majority of cases. This is not an opinion, but is supported by statistics. Research conducted by the National Highway Traffic Safety Administration (NHTSA), showed that in accidents involving motorcycles and cars, the motorcyclist was either not at fault or shouldered less responsibility than the other driver in 80 percent of cases.
One study revealed that in 35-42 percent of fatal car-vs-motorcycle collisions, the passenger car was making a left hand turn while the motorcyclist was traveling straight in his own lane (or passing another vehicle in a lawful manner). This tends to occur most-frequently at intersections where cars are permitted to make unprotected left turns across opposing lanes of traffic. Some of the other most-common motorcycle accident scenarios are as follows:
If your loved one has been involved in a fatal motorcycle accident, our firm can help you obtain the compensation to which you are entitled under Texas' wrongful death laws. For a free consultation, fill out the contact form on this page or call our office at (214) 651-6100 (phones answered 24/7).
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Many car accidents result because of a driver’s failure to yield the right of way to another vehicle. While these kind of wrecks are often the result of distracted driving, there are other conditions that enter the picture as well.
No matter how obvious it may be to you that the other driver was at fault, understand that if you have a personal injury claim as a result of a car crash, the insurance company will do everything in its power to limit their liability and pay you as little as possible—if anything at all. Personal injury claims are handled MUCH differently than property-damage-only claims, and it's important that you realize this early on in the process.
Contrary to what you might believe, insurance companies are not required to offer you any compensation for your injuries, even when they're clearly liable. Only a court can compel an insurance company to pay out on a claim, and settlement offers are only extended in an effort to prevent the victim from taking their case to trial.
If you're offered a settlement by the insurance company, understand that your claim is most-likely worth considerably more than their offer. You don't necessarily have to take your case to court in order to receive a fair settlement, but you will need leverage. Without an attorney looking out for your best interests, you're simply at the mercy of the insurance company and their motives are completely contrary to yours.
At Rasansky Law Firm, our Dallas attorneys actually handle car accident claims on a no-win, no-fee basis. We never ask for any money from our clients out of pocket, and if for some reason we're unable to reach an out-of-court settlement or win your case, you literally owe us nothing for our time and effort. We understand that you likely have questions about hiring an attorney, and for that reason, we invite you to call us at (214) 651-6100 or email us using the contact form on this page for a free consultation.
Drivers who fail to yield the right of way cause many accidents, both minor and catastrophic. Some of the most common scenarios include:
Making left turns across opposing lanes of traffic is the most-common cause of right-of-way accidents, especially with regard to motorcycles. Of the 2,448 fatal car vs motorcycle crashes that occurred in 2015, 41 percent (994) of them involved other vehicles turning left while the rider was going straight.
One of the major problems on our roadways is that some drivers operate as though the right of way belongs only to them. The Texas Transportation Code defines who has the right of way in certain circumstances, and drivers who fail to follow these laws and cause an accident can be held responsible for any damages that result from their negligence.
Insurance companies fight these types of claims on a daily basis, but luckily, so do our attorneys. We see first-hand the misinformation, disinterest, and outright deception put forth by insurance companies defending these claims. Our job is to advocate on your behalf in order to ensure that you have the best chance at winning your case, and that you recover every penny you and your family deserve.
Not only will we seek compensation for pain and suffering, we'll go after all of your related losses such as:
In order to build a strong case, you should be sure to take pictures of damages to your vehicle, the other vehicle, and document any injuries. You also want to make sure to exchange contact information with any witnesses, and obtain a copy of your official crash report (we can also obtain this for you). Keep track of any financial losses you've suffered—including medical bills—and provide as much information as you can to your attorney.
If you've been injured in a Dallas car accident due to another driver failing to yield right of way, call us today at (214) 651-6100. We're happy to evaluate the facts of your case free of charge and discuss your options moving forward. Helping personal injury victims is all we do at Rasansky Law Firm, and we have a great track record of success over the past 20+ years.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
The circumstances of your accident can have a huge impact on how the case should be handled, as well as your ability to recover compensation. To discuss your options with us (for free) today, call (214) 651-6100.
Most of us don’t prepare for an auto accident, simply because on some level we believe that they won’t happen to us. Unfortunately, we live in an imperfect world, and human behavior is largely unpredictable. Motor vehicle accidents are responsible for tens of thousands of deaths on our roads every year. These figures, according to statistics, show no signs of abating.
Today we'd like to discuss the different types of motor vehicle accidents, and how they differ from one another. No two accidents are ever the same, but certain types of accidents (and accidents involving certain types of vehicles) must be handled much differently than normal passenger-car accidents if you want any chance at successfully recovering fair compensation for your injuries.
While you might think that a car accident caused by an intoxicated driver would be handled very similarly to a normal car accident, there are some very important things of which to be aware.
If you were hit by a drunk driver and suffered injuries, you need to speak with a personal injury attorney as soon as possible. In order to have a strong case, your attorney needs to begin working on your case right away. Evidence needs to be secured, and you need to determine early-on if you may have a potential dram shop claim against the bar or club which over-served the drunk driver.
Texas law allows victims of a DWI accident to pursue a claim against the bar (as well as the drunk driver) if it can be proven that they violated TABC regulations in serving alcohol responsibly. These types of lawsuits are very complex, but our firm has considerable experience and can advise you of your legal options moving forward.
If you were a passenger being driven by a drunk driver, you likely have a claim against the driver's insurance policy, but may also have a valid dram shop claim against the drinking establishment. Even drunk drivers who hurt themselves in an accident after being negligently overserved at a bar may be able to recover compensation through a first-party dram shop claim.
Commercial vehicles (such as 18-wheeler trucks and buses) can cause serious accidents owing to their sheer size, mass, and potential energy. These types of vehicles use our roads on a daily basis and are responsible for moving both people and cargo from one city to another within as short a time as possible. The problem, however, is when transportation companies push their drivers to a point of exhaustion.
When drivers are allowed (or forced) to drive for extended periods of time, they put other drivers at risk. If your attorney discovers that the company had violated federal hours-of-service rules, you could potentially recover significantly more compensation through a punitive damages award.
The most-important thing to understand about accidents involving a commercial truck (18-wheeler, semi-trailer, big rig or tractor trailer) is that you are going to face an uphill challenge. Semi trucks are often have over $1 million in coverage, and the insurance company is already building their case against you from day one. The insurance company's commercial adjusters and on-staff lawyers have a vested interest in denying your claim or settling for pennies on the dollar before you've completed medical treatment, which is why it's so important to hire your own attorney.
A car-vs-pedestrian accident can result in life-changing injuries to those who survive, but oftentimes prove fatal. Resulting injuries can require a lifetime of rehabilitation, and may lead to disfigurement, amputation, or permanent disabilities such as nerve damage, brain injury or paralysis.
In order to recover enough compensation to cover your medical expenses, lost wages, loss of future income, pain and suffering and more, you will need to build a strong case against the at-fault driver. Understand that you only get one shot at a lawsuit, so it is very important to hire an attorney in your area who has experience with these type of cases, and who has proven experience in court.
Car-vs-bicycle accidents are said to account for about 600 deaths on our roads each year. While motorists can rest easy in their cars, cyclists usually have no form of protection from these metal machines in comparison to their tiny bikes. Common injuries faced by bicyclists include broken bones, road rash, whiplash, internal organ damage, as well as head injuries.
Motorcycle and scooter accidents account for a good fraction of all accidents on our roads, and victims often suffer serious leg and head injuries that can permanently alter their lives. While surprising to many, statistics show that most motorcycle accidents involving other vehicles are caused by the other driver.
ATV accidents are more-common in rural areas, but liability generally works the same way. If someone's actions led to your accident, they are still liable for your damages. Additionally, if the accident occurred on private property, you could have a valid premises liability claim. If the accident was caused by a vehicle defect or poor design, your attorney may be able to pursue a product liability claim against the manufacturer.
Train accidents usually tend to be in a special section due to the fact that the're relatively uncommon. It’s estimated that there are about 3,000 of these accidents every year, and that 1,000 people lose their lives as a result.
Victims usually include drivers, passengers, bystanders, railroad workers (FELA), and even pedestrians. The laws regarding railway crossings, trespassing, and right of way can be very complex, but an attorney should be able to explain the legal options available during your free over-the-phone consultation.
Watercraft accidents are unfortunately common in Dallas-Fort Worth due to the popularity of our area lakes. Accidents on the water can involve vehicles such as jet-skis and boats, and are often caused by substandard safety training, operating watercraft while under the influence, and sometimes due to poor maintenance or defective parts.
Injuries to jet-ski riders can include whiplash, broken limbs, head injuries, internal organ damage, and drowning. Boat injuries, on the other hand can run the gamut and include things like slipping and falling on wet surfaces, suffering burns, lacerations, and spinal cord injuries.
No two motor vehicle accidents are alike, and most people don't realize how much work and preparation goes into a successful personal injury claim. It's not as simple as showing the other motorist was at-fault. In fact, the insurance company legally owes you nothing unless a court of law rules otherwise.
At Rasansky Law Firm, it's our job to prove up your damages and compel these companies to compensate you for your losses. If we cannot negotiate a fair settlement, we are more than willing to take them to court and fight for what you truly deserve.
If you'd like to speak to us about your case for free, call us at (214) 651-6100 and learn exactly how we can help.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Even though motorcyclists accounted for less than 1% of total miles driven, they accounted for a staggering 14% of all traffic deaths in 2015.
According to the NHTSA (National Highway Traffic Safety Administration) there were a total of 35,092 people killed on U.S. roads in 2015. This is a 7.2% increase over 2014, and the single largest percentage increase in traffic fatalities in nearly five decades (when fatalities rose 8.1% from 1965 to 1966). The data from NHTSA showed a rise in traffic deaths in almost all segments, including passenger car crashes, auto-pedestrian accidents, motorcycle wrecks, and drunk driving accidents.
A total of 4,976 people died in motorcycle accidents in 2015; an increase of eight percent compared to 2014. The reasons the NHTSA provided for the 2015 increase in deaths of motorcyclists included speed, lack of equipment, and error on the part of other drivers.
The NHTSA also reported that job growth and lower fuel prices were contributory factors that encouraged people to spend more time on the roads in 2015 (2015 saw the largest increase in miles driven in almost 25 years). When there are more drivers on the road, there are simply more chances for fatal accidents to occur.
The data compiled by NHTSA shows that more people die on the roads when they are distracted, driving drunk, drowsy, speeding, or do not wear their seat belts. According to the NHTSA administrator, there have been substantial improvements in many of those areas, but there is a need to find new solutions in order to put an end to traffic fatalities. Unbelievably, Texas WAS one of the last remaining states not to pass a law banning texting while driving, until they did so in September of 2017.
According to the Center for Disease Control (CDC), the use of motorcycle helmets reduces the risk of injury by 69 percent, and death by 37 percent. The CDC says that a universal helmet law is the most-effective method for saving lives and money, and could have saved $1.1 billion in 2013 if every motorcycle rider had chosen to wear a helmet.
A recent study on national highway safety discovered mandatory helmet laws are the only method that can put an end to the sharp increase in motorcyclist fatalities; however, a total of 32 states (including Texas) leave the decision up to the riders. In 2012, Michigan repealed its helmet law (for the second time). Immediately after the law was repealed, doctors in emergency rooms noticed a sudden increase in serious head injuries from motorcycle crashes. The increase led to a three-year study which indicated that--among riders who died at the crash scene--the percentage of victims wearing a helmet dropped from 14% to a staggering 68%.
Texas used to require all riders to wear a helmet, but the law was repealed in September of 1997. That same month, there was a "sudden upward trend" in motorcycle fatalities in the state. One study even showed that a few years later, the number of motorcycle deaths had increased by 30%.
While this article will focus on helmets (motorcycle helmets, football helmets, batting helmets, bicycle helmets, etc.) which fail to protect the user, and why this may open the manufacturer up to litigation under product liability law.
Many motorcycle riders make the responsible decision to wear a helmet in order to reduce the risk of serious injury in the unlikely event of an accident. Unfortunately, some helmets fail to do the job they're designed to do, and can actually be a contributing factor in a serious head injury or wrongful death accident.
Despite regulations put into place by the government and the Consumer Product Safety Commission, not all helmets are equal and some may even be defectively designed.
Motorcycle helmets are generally regulated by the Department of Transportation and bicycle helmets by the Consumer Product Safety Commission. Even with strict regulation, a manufacturer defect is still a very real possibility. A lawsuit relating to a defective helmet would fall under the category of "product liability" law.
There is no doubt that motorcycle helmets greatly reduce serious injury and have the ability to save lives. For instance, in 2010, experts believe that helmets saved more than 1,500 motorcyclists from untimely deaths. Of course, for a motorcycle helmet to be effective it must be well-manufactured, sturdy, and be in compliance with all design and safety standards as directed by the U.S. Department of Transportation. The regulations imposed by DOT place grades on motorcycle helmets based on their compliance with federal standards. In order for a motorcyclist to ensure the greatest amount of protection from his or her helmet, he or she needs to choose one that is totally in compliance with the standards set by the Department of Transportation.
While we often think of defective helmets in terms of bicycle or motorcycle riders, the reality is that even hardhats and sports helmets such as those worn by football players can have disastrous results when manufacturing defects are present. In fact, a recent 2014 study by researchers at Virginia Tech University tested the safety of 23 of the most popular football helmets and found that many football helmets used in schools today are inherently unsafe.
A Dallas news station recently discovered that four school districts just in the Dallas-Fort Worth Metroplex (DeSoto ISD, Lewisville ISD, Fort Worth ISD, and Garland ISD) reportedly have a one star helmet in their current inventory (the Riddell VSR4 helmet). Many of these districts are working to replace these helmets, but it just goes to show how prevalent this problem really is.
More-recently, nearly 6,000 football helmets manufactured by Xenith (Epic Varsity, X2 Varsity, X2E Varsity, and even Youth football helmets) have been recalled because "they can crack and increase the risk of a head injury." It is not currently known just how many schools and athletes in the Dallas-Fort Worth Metroplex may still be using these faulty helmets.
A motorcyclist purchased two Fulmer AF-50 helmets and sold one to a friend who later suffered a fatal brain injury when he was involved in an accident while wearing the helmet. The original purchaser discovered that in August 2002 the AF-50 helmet had failed safety tests that were conducted by the National Highway Traffic Safety Administration as required under the Federal Motor Vehicle Safety Standard 218 (required for DOT certification).
The customer filed a class action lawsuit against the manufacturer on behalf of all the consumers who had purchased the helmets after the date they failed the NHTSA test. According to the lawsuit, the helmets provided inadequate protection and the manufacturer misrepresentation that the helmets met DOT guidelines. The lawsuit alleges that in August 2002 (when the testing was performed) some of the helmets failed the "impact attenuation test." This safety test measures the degree of penetration the helmet can withstand during impact, and despite the fact these helmets failed the test, Fulmer Helmets allegedly continued promoting them as being approved by DOT and failed to notify consumers of any safety issues. Not only that, but they took no measures to recall or redesign the faulty helmets.
With regard to football helmets, at least three lawsuit have recently been filed against Riddell over claims that the company failed in its duty to protect athletes from long-term head injuries, and that Riddell did not adequately educate consumers about risks such as traumatic brain injury (TBI) and chronic traumatic encephalopathy (CTE).
One lawsuit alleges that Riddell actually misrepresented the safety of its "Revolution" line of helmets by using a self-funded study to promote its helmets as "significantly reducing the risk of concussions compared with other manufacturers’ helmets." The company claimed that athletes wearing the helmet were 31 percent less-likely to suffer a concussion. In response, one biomechanics firm sent Riddell a report showing that no football helmet—no matter how revolutionary—could prevent concussions.
Some potential problems involving all helmets include the following:
Another problem that can contribute to a person’s injuries is a defective chin strap on a motorcycle helmet—this can (of course) lead to the helmet coming off during a motorcycle accident, leaving the rider completely vulnerable.
If you or a loved one has suffered injuries because of a defective helmet, our Dallas attorneys can help you obtain compensation for those injuries. To find out what we can do to help you, fill out the contact form on this website or call our office at (214) 651-6100 to schedule a free consultation with one of our personal injury lawyers. We can investigate your case for free and thoroughly discuss your legal options moving forward.
Surprisingly, there are only five states that have minimum age requirements for motorcycle passengers, and Texas is one of those states. Under the provisions of Texas House Bill 537 (introduced in September 2009), children under the age of five are prohibited from riding on a motorcycle—with two exceptions. Children under five are permitted to ride in a sidecar attached to the motorcycle, or as a regular pillion in an emergency situation.
Texas law also states that:
A fairly new law governing motorcycle riders and passengers in Texas is Malorie’s Law (HB 3838), which requires all motorcycles that carry more than one person to have handholds, bars, or something else for the passenger seated on the back to hold on to. The law derived its name from Malorie Bullock, a college student at Texas A&M who lost her life in a motorcycle accident in 2010.
While the majority of cruiser motorcycles already include handholds, those who ride motorcycles that do not include handholds need to be aware of this relatively-new Texas law.
Not all parents appreciate the substantial risk that faces a child who is involved in a motorcycle accident. Even if you ride safely and have never been in an accident, one recent study suggests that most motorcycle accidents involving passenger cars are caused by other drivers. As a rider, you fully understand that one driver's momentary lapse in judgment can cause a fatal crash in the blink of an eye.
The laws concerning motorcycle passengers were put in place for a reason; to prevent unnecessary harm. Failure to follow these laws can cost you not only in terms of fines, but the safety of your child.
BLUE RIDGE, TX (12/13/2014) — 49-year-old Russell "Russ" Neis was tragically killed in a 4-vehicle accident on Saturday while delivering toys to needy kids.
UPDATE 12/11/2015: Charges against Lacie Pardun have been upgraded to manslaughter. Her trial date is set for March 14, 2016.
According to reports, Russ Neis (of McKinney) and several others from the Guardians of Grace chapter of the Christian Motorcycle Association were on their way to deliver toys to Kings Trail Cowboy Church for Whitewright's "Project Christmas" when the motorcycle accident occurred.
According to the DPS, Neis was traveling in the northbound lanes of State Highway 78, when an accident in the southbound lanes sent a car spinning into oncoming traffic, striking Mr. Neis' Harley-Davidson motorcycle. The accident began when the driver of a Chevy Blazer (31-year-old Lacie Dee Pardun, of Rowlett) crashed into the rear of another car as it was attempting to turn off the highway, causing it to spin out into the northbound lanes and strike Neis head-on. An initial report by Texas state troopers suggests that Pardun "failed to control the speed of her SUV."
Russ Neis was pronounced dead at the scene of the crash. Lacie Pardun, the driver of the SUV that initially caused the crash, was taken to Medical Center of McKinney where she remains hospitalized. The Department of Public Safety says that there is a chance she may face charges, but that won't be determined until she's released from the hospital.
Russ Neis leaves behind a wife and two teenage children. His wife was also recently diagnosed with hemolytic anemia (a condition that affects healthy blood cells).
A fund has been set up for the Neis family. Donations can be sent to:
Anthony and Samantha Neis Education Fund c/o Bank of America
McKinney, TX 75071.
Donations can also be sent via PayPal (Merchant #5TS4X4FDE57YC).
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