Riding Dangerously: Law on Motorcycle Accidents

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Riding Dangerously: Law on Motorcycle Accidents

Touring across the United States on two bike wheels powered by a reliable engine has become not just an all-consuming hobby of the free-spirited individual who loves the outdoors but also a national pastime for those who find themselves inside office cubicles for at least 40 hours each week. Their weekend on a motorcycle gives them the sense of freedom to “smell the flowers” and recharge their batteries, so to speak. This “fever on bikes” has caught on many people that “tourism on motorcycles” has become a passion for Americans and Europeans alike. More on this webpage

There are lots of advantages one can think of motorcycles:

One, they come in different styles, which makes them the most flexible mode of transportation. You can ride on them during interstate travels; they are also unbeatable on congested streets. You can cruise with them, race with them or ride on them toward off-beaten paths for a sense of adventure (and misadventure).

Two, the economic advantage of motorcycles over other modes of transportation is the common reason why they are mostly preferred nowadays. Running on motorcycles is cheaper; you can run lots of mileage on them for weeks on the same amount of gas you would usually spend for fuel in your car daily.

Third, they are perfect during high traffic and where to look for parking space is less of a headache.

Motorcycle Accident: How bad can it get?

Road mishaps can happen anytime, most frequently involving motorcycles and commonly fatal. Past surveys showed that deaths on the road tallied a higher count among motorcycle riders than passengers on other types of vehicles. Perhaps, this is because more and more people are taking the road now on motorcycles, with fewer precautionary measures. Most times, however, accidents involving motorcycles are not due to the impaired judgment of their drivers but that of others.

The Law on Motorcycle Accidents
1. Who is at fault? The general law on personal injury, as most Texas car accident lawyers would tell you, provides that whosoever causes an injury to another due to negligent acts shall be held liable for any damage or harm resulting from such negligence. This principle of law applies to motorcycle accidents, slips, and falls. Other related cases provided these three (3) requisites concur: There is a duty of care required by law from the defendant (the person accused) to be provided to the plaintiff (person injured); The defendant failed to perform or refused to perform the standard of care required of him; Due to negligent acts, committed an injury or caused an accident; As a direct result of such negligent acts, the injury was inflicted on the plaintiff.
2. Law on Manufacturer’s Defects
There are instances when accidents happen due to some defects in the vehicle itself. When this happens, it is always best to consult
with your attorney who has the knowledge and competence to deal with issues about the product liability, including recalls, if
any. Only a competent, experienced lawyer can determine if the motorcycle driver can press charges and collect claims against the manufacturer for any damage or injury he suffers due to a product defect.
3. Law on Helmets
Most states in the US require all motorcycle drivers and their passengers to wear helmets when they are on the road to avoid fatal consequences when accidents happen. Surveys have shown that among those wearing safety helmets and those without, brain injuries encountered by head protection are less severe than those fully exposed to danger on the road. Laws about wearing helmets and other protective equipment differ from state to state. There has been a noticeable lack of support among motorcycle operators. Failure to wear a helmet while riding a motorcycle constitutes an act of negligence, which may affect the amount of recovery being sought by the motorcycle driver or his passenger.

Semi-Truck Accident Lawyers

Semi-Truck Accident Lawyers

Semi-trucks are an integral part of our shipping and commerce systems. They transport billions of tons of goods shipped and delivered using ground transport, also known as surface transportation. Certainly, the hard work put in by the drivers has to be appreciated. Unfortunately, from time to time, there is a truck accident. When it comes to accidents with these big rigs, the results are rarely minor; rather, too often they result in a fatal accident. Over the last decade, consumers are purchasing more and more products on the internet. This results in the need to ship more products, which is typically a combination of air and trucking. Trucking companies and drivers are under more and greater pressure to meet deadlines and quotas. Because there is increased trucking traffic, combined with an increase in vehicles on our highways, the result has been thousands of truck-related accidents every year, and those problems are equipment failure and driver fault. Sometimes semi-truck equipment fails. Big rig trucks can weigh tens of thousands of pounds, and to get that weight moving and stopping safely can place the tractor-trailer and its components under great strain. Here are some examples of things that can go wrong: More on this website

* Tire blow-up – some of these semi-trucks have up to 18 wheels (and in the case of double trailers, even more (up to 22-4 wheels), but that doesn’t mean they are entirely safe from tire failure. Even a temporary off-balancing effect can have serious consequences, resulting in unexpected load shifting or rolling.
* Load shift – if a truckload is not secured or tied down correctly, or if the load weight is not evenly distributed, it creates an unbalanced load prone to shift. A load typically weighs thousands of pounds. When it shifts, it strains the tractor-trailer’s overall balance, causing the driver to lose control.
* Improper maintenance and inspection – rigs have complex engines and parts that must be able to handle big loads. If maintenance and inspections are negligent, then equipment failure may occur.
* Brake failure – the braking system for a semi-truck is one of the truck driver’s most critical safety and control features at his disposal. Bringing freight to a stop requires an increased time and distance. The stopping procedure can be compromised if the brakes are not performing optimally.

Semi-truck driver negligent highway driving is dangerous enough, and every motorist feels some unease when driving alongside a big rig truck. The semi-trucks large size, rumbling engine, and air pressure release sound signal that this is a large and dangerous vehicle. If the truck driver fails to drive carefully, the results are often catastrophic. While there are many instances of truck driver error that arise under the circumstances, here are some more common examples:

* Aggressive driving – ever feel like you are in a cat and mouse game with a semi-truck on the road? Well, you may have a legitimate fear. Because many truck drivers are under tremendous stress related to delivery time, tractor-trailer drivers may act aggressively, using the 18-wheeler as a deadly instrument to show who’s boss of the road.
* Truck driver errors – the truck drivers may make an error in judgment, cut a corner too thin, improperly overtake another vehicle, or make too wide a turn. Even if a negligent act was nothing more than a simple error, the consequences are not akin to a fender bender; instead, the size and weight of the semi-truck make even the slightest mistake a potential catastrophe.
* Driver inattention – whether talking on the cell phone or texting while driving, looking at a map, or using a GPS device, truck driver distraction can lead to a serious truck crash.
* Driver fatigue – while truck drivers are regulated at the federal and state level regarding their break time, many pass on their required breaks to meet their time-sensitive delivery schedules. This leads to a tired, unalert driver, which, in turn, often leads to a trucking accident.

Contact an experienced accident attorney.
Victims of semi-truck accidents rarely escape with minor injuries; if they are fortunate enough to survive, they often face a lifetime of challenges, including severe burn injury, spinal cord injury, head injury, amputation, and traumatic brain injury. The medical expenses and rehabilitation bills associated with these serious personal injuries are higher than many families earn in a lifetime. In a serious truck crash involving severe personal injury or wrongful death, take a moment to consider your family’s financial security. Contact us to explore your options. You may be eligible for significant compensation, also known as monetary damages. We may be able to help you take the next steps of securing justice as well as helping your family ensure its future financial stability in the face of all you have lost. Remember, the earlier you contact an experienced accident attorney at our office, the faster we can begin the investigation and gather the evidence to move the case forward quickly, to seek just results.

San Antonio Car Accident Lawyer

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

San Antonio Car Accident Lawyer

We personally recognize how destructive physically, psychologically, and monetarily a serious accident can possibly be. Our accident specialists have considerable prior experience helping our clients recover the complete reparation permitted under the law for their injuries, including traumatic amputation and wrongful death. Our legal practitioners have the expertise and background to comprehensively investigate your case and make sure that you get the highest reimbursement the law authorizes for your issues. Our responsibility is to protect the welfare of our clients and to take full advantage of your recuperation while acquiring a fair and adequate compensation or judgment for the pain and suffering you have experienced.

We secure your interests by dealing with all documentation and negotiations with the insurance provider, fully analyzing the scene of the incident, maintaining the proof and obtaining eyewitness statements, helping you get a proper diagnosis from a therapeutical expert who understands your injuries and ensure you be given medical care and rehabilitation programs you need to get to bring about optimum physical recovery. General damages cover the non-monetary aspects of your injuries such as pain and suffering and loss or impairment to certain aspects of your life. This can include emotional distress, disfigurement, loss of physical or mental capacity, and loss of enjoyment of life. Also included are loss of companionship and loss of consortium, which refers to a friendship or a marriage becoming compromised or strained due to injury. If your injury has caused you to stress every time you get behind the wheel of a car if you can no longer play in your summer softball league, or even if you only lost a couple of nights of sleep, you should be entitled to a settlement for your general damages.

Important Information About Car Accident Lawsuits

If you were significantly injured or hurt in an accident hitting at least $1,000 in healthcare costs you may gain from seeking the services of an attorney if you don’t think you are getting enough resources from your insurance provider. You may similarly gain from working with a legal professional if you were in an injury that involved:
A faulty car or truck part.
A bike.
A pedestrian or bicyclist.
An intoxicated motorist or operator under the influence of a substance.
A head-on collision.
Road construction.
A semi or bus.
Persistent trauma.
Missed work and income for which you have not been reimbursed.
Inadequate coverage for your injuries or damages.

Under these circumstances, you should not delay to seek advice from a legal practitioner. If you spend too much time hammering out a deal with the insurance firm and permitting them total access to your medical records, it will simply make things simpler for them to build a claim against you and will limit a personal injury lawyer’s possibilities to establish a winning strategy for your case. The error many consumers make is feeling like they ought to tough it out or suck it up instead of going after remuneration for their damages or injuries. In order to get a suitable sum for your settlement, you need to be careful about documenting your losses and injuries, keeping track of bills, and collecting documentation to assist with your insurance claim.

Key Points About Car Accidents

Car wrecks are a huge root cause of death in the United States, with greater than 30,000 casualties taking place yearly, according to the Insurance Institute for Highway Safety. Many car accident claims in the U.S. are a result of an accident involving a vehicle, semi-truck, or another motor vehicle. Car collisions that involve physical damage, death, or other considerable damages may warrant the legal representation of an accomplished car or truck wreck attorney at law. The most essential activity you should do is to get better as fast as you can from your pain. Insurance company staff members generally believe those people make an effort to attempt to recover from their incidents. Additionally, insurance firms believe those people who are able to detail their impairments with the help of medical accounts, credible health-related documents, and precise lost wage details that is neither exaggerated nor subject to disagreement and interpretation.

Is a Car Accident Lawyer Your Best Option?

It is a good idea to select a car collision legal representative in a timely manner to reduce any high-priced errors. In general, a person should consult with a legal representative immediately after the injury comes about within a week or two of the crash but before reaching a resolution with the insurance firm. You are not by law obligated to use an attorney to handle your injury action. You could certainly submit all the required documentation on your own and speak for your own self in a court of law. Having said that, your chances of winning your dispute and obtaining the recompense you ought to have are much higher if you enlist the services of an expert injury legal practitioner. He or she will be able to ascertain what is best, to have a go at settling out of court or taking the case to court in the event that you seek the services of a legal practitioner. When the case goes to court, the specifics of the accident and subsequent damages will be brought before either a jury or a judge, who will then determine fault and any financial award that should be given. Numerous legal representatives who specialize in negligence proceedings don’t require up-front fees from clients, and most only demand a fee should the client receives a settlement.