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What To Do If You Have Been Hit

What To Do If You Are Involved in a Bicycle Accident

Cyclistlaw Bike Attorney Video

  • When involved in a bike accident, call 911 immediately, assume you are injured, and DO NOT REFUSE MEDICAL ASSISTANCE. You could be in shock or your injuries just may not be apparent.
  • ALWAYS make sure police are called to the scene and that the police take a detailed report.
  • Make certain the other driver has provided his or her driver’s license, insurance information, license plate of the vehicle driven, and take a description of the driver and the vehicle.
  • Never discuss fault with the driver or insurance representatives.
  • If you are able, diagram the street and where the vehicles are located in relation to one another. As soon in time as possible following the incident, take notes on all that you can account for prior to the incident and just following it.
  • Take note of all damaged property, clothing, and equipment.
  • DO NOT throw away any article of clothing, even if it is badly soiled.
  • Take photos of injuries and damages.
  • Contact a skilled and knowledgeable motorcycle accident attorney at Shefman Law.
  • Insurance companies are not telling you what you need to know, but they will call and ask you the types of questions that will help them reduce your recovery.

Increased competition for space on the streets can sometimes make moving around Austin a less-than-pleasant, even intimidating, experience. With an increasing number of people using bicycles for transportation in Austin (1 in 25 adults, according to David Binder Research Poll, 1998), there is an increased need to accommodate bicyclists and motorists on shared streets.

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

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