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Right of Way Violations Against Bikers

Deliberate crowding or interfering with another vehicle already in an intersection is a violation of a right-of way. When two vehicles approach an intersection from different highways at the same time, the driver to the left shall yield to the driver on the right. Cyclists often experience right-of-way violations ending in serious bodily injury to the cyclist.

Different intersection configurations have different rules of the road. At an intersection that is partially controlled by lights or signage, the general understanding is that the vehicle whose roadway terminates or dead ends shall yield to the uncontrolled traffic that is approaching.

When vehicles are exiting private driveways onto sidewalks where some cyclists are riding, the motor vehicle operator often fails to look for pedestrians and cyclists. Violating the rider or pedestrians right-of-way, failing to look in both directions, and choosing to steal out into traffic without using the necessary caution is cause for many bike accidents in Austin.

If you have been injured in an intersection where your right-of-way has been violated, contact an experienced attorney at Shefman Law to better understand your rights.

Distracted Driving

Distracted drivers include people who are driving while using cell phones, text messaging, putting on make-up, shaving, fiddling with GPS devices, or changing panel knobs on the dash of their vehicles. Serious death and bodily harm statistics are staggering with the increased use of devices while driving. If you have been the victim of a distracted driver, contact Shefman Law immediately.

If you think a driver was utilizing a cell phone or text messaging, inform all law enforcement and emergency personnel on scene of the distracted driver’s actions. Contact an attorney knowledgeable about distracted drivers and the effect they are having on the safe operation of roadways. Shefman Law aka Cyclistlaw is experienced and knowledgeable in dealing with distracted driver issues. Contact us today.

Recent laws have been created to provide penalties specific to distracted driving.

Distracted Driving Statistics from the National Highway Traffic Safety Administration (NHTSA) provide that in 2009, 5474 people were killed in crashes involving distracted drivers. Over 445,000 more people were injured.

According to studies by Carnegie Mellon, talking on a cell phone while driving decreases brain activity associated with driving by 37%. Many studies suggest that use of a hands free device does not substantially lower the distraction of using a cell phone while trying to safely maneuver a vehicle.
•16% of fatal crashes involved reported distracted driving.
•20% of injury crashes involved distracted driving.
•16% of the deaths caused by teen drivers were the result of distracted driving.
•Texting increases the risk of collision by 23 times that of driving while not distracted.

Texas does not prevent the average driver from texting and driving or talking on their cell phone. The person who was not paying attention to the road because s/he was focused on their device and injured another as a result should be considered negligent.

Lane Splitting

Motorcycle crashes have many causes. Attorney Lenore Shefman has dedicated her practice to motorcycle riders and bike riders for the past 14 years. Shefman Law is here to help you or your loved ones if there has been a serious injury from a crash.

In Texas it is illegal to lane split. Lane splitting is defined as utilizing the space between two vehicles to pass. Lane splitting is exceptionally controversial. Most states do not allow motorcycles or bicycles to lane split. Over the last few decades, Texas has introduced legislation that would allow lane splitting. Check or consult your local municipal codes and state laws prior to lane splitting.

Many studies show that filtering traffic through lane splitting techniques, when done safely, is beneficial to traffic flow and improves safety for cyclists. It also enhances visibility.

Setting road traffic safety standards for lane splitting is difficult due to the many variables involved in the regulation of high density traffic control.

If you have been injured in a crash involving alleged lane splitting, it is important to contact a skilled and experienced motorcycle accident lawyer promptly. Shefman Law aka Cyclistlaw can help you with your claim, call us today.

Texas Helmet Law Exemption

Texas Previously required minimum health insurance for those riders who chose to enjoy the road without a helmet. That law was repealed in 2009- see the TXDPS page on this subject for more information:
Texas Helmet Law Exemption

If you are unsure of the current state of the laws relating to riding or helmet use, please contact Shefman Law aka Cyclistlaw.com

Motorcycle & Scooter Accidents

Motorcycle riders, bikers, and cyclists all face similar challenges on the road. Drivers simply do not pay enough attention to the road to see the biker or cyclist. Most crashes could be avoided by motorists simply looking and seeing motorcyclists. As a motorcycle accident attorney, Lenore Shefman knows what to look for in litigating a case and how to navigate your personal injury claim with the insurance company. Motorcyclists face many obstacles that a general personal injury attorney does not necessarily know how to handle. Attorneys that do not ride motorcycles do not know the handling of different styles of bikes. For instance, the different turning radii between a chopper and cafe style motorcycle may affect the analysis of the case. Attorneys that do not ride do not know the behavior of other road users or what it is like for riders on the offensive or defensive. Knowing what it is like from behind bars while moving on the roadway when another vehicle cuts you off and leaves you no out should never have to be experienced by any rider. Being able to communicate what that is like to an adjuster or jury is key to effectively pursuing your case and winning.

The right-of-way problems for bikers, cyclists, and other two-wheeled vehicles are the same. Motorcyclists right-of-way is often ignored. Auto and truck drivers are often hostile to those on motorcycles and intentionally cut them off while driving. The behavior of caged drivers often does not account for the dangerousness of their actions and how vulnerable the life of the cyclist is out on the road.

Motorcycle safety training and visibility can help keep riders safe out on the road because you always have to be concerned about other people with whom you share the road.

Motorcycles can travel at higher speeds than bicycles and scooters. Therefore the injuries can be a lot worse. Road rash can be horrible and miserable to while it is healing, and it is unfortunately not uncommon for bikers and cyclists to be paralyzed or even killed by other drivers’ negligence. If you survived the crash, don’t get killed in litigation by not hiring an attorney who knows how to litigate a bike or motorcycle crash.

Biker Advocacy

Shefman Law is committed to advocating for all bikers. Being a biker does not mean that you are in a gang or part of a criminal syndicate. These are myths. Being in a biker gang does not mean you are an irresponsible or a negligent rider. Being a biker means one thing, enjoying the love of the ride, the run, and the fun. If you have been hurt or injured in a motorcycle crash get a motorcycle accident attorney. Contact us and visit our main site at ShefmanLaw.net for more ways in which our attorneys can help you.

In 2005 it is estimated by the National Highway Traffic Safety Administration that traffic fatalities rose for an eighth straight year with a death toll of over 43,000. This figure was an increase from the prior year where accidents from cars, motorcycles, and trucks, was over 42,000. This figure has grown in part due to increases in fatalities involving motorcycles and pedestrians.

For instance, the National Highway Traffic Safety Administration estimates in 1997 the number of deaths from motorcycle accidents was 2,116. In 2005, motorcycle accident fatalities rose to record losses of 4,553. The concern for riders is great, not only among riders and motorcycle rider organizations but also with Congress. Millions of dollars from Congress (with a 30% match by the Motorcycle Safety Foundation) will be partly used for a new Motorcycle Crash Causation Study instituted by the Oklahoma Transportation Center.

Until more is learned, riders face timeless discrimination from drivers who clearly dominate the roadways, byways, and highways. Even following an accident that was clearly the fault of the car or truck driver, motorcyclists and bikers are often blamed and accused of driving recklessly.

Until the driving public is more educated and vigilant of motorcycles and other two-wheelers on the road, and as the number of motorcycle riders increases and the engine size of bikes increase, bikers are going to continue being injured by other vehicle drivers’ negligence.

Being represented by a skilled motorcycle accident attorney means you will be represented by someone who knows what it is like for bikers on the road. We drive the same roads you drive and experience the same drivers as you. Unfortunately, we have also been victims of driver negligence.

While no amount of money can give you back the amazing feeling of being on the road on a bike before the crash, contact us so we can help you through the process of recovering and getting compensated for your losses.

Most motorcycle accidents occur where the driver of the vehicle that hit the rider violated a right-of-way or “did not see the motorcycle.” Knowing how to overcome the prejudices that many car drivers/jurors have towards motorcyclists is as important as knowing the law. We at Shefman Law understand what it is like out on the road. We are endurance bicyclists, scooter, and motorcycle riders. We ride on country roads and busy city streets and highways, just like you.

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