In many cases, who is responsible for causing a motorcycle accident is a contentious issue. Often the motorcyclist will blame the driver; and the driver will blame the motorcyclist. In this classic he-said-she-said fight, how do lawyers, judges, juries, and insurance companies allocate liability?

 

For many litigants, other instances of responsible or irresponsible action can help tip the balance in favor of one party or the other. In particular, if a motorcyclist fails to adhere to state law, these breaches of a legal duty may influence the way a court or jury determines responsibility. So, what are some of the legal duties imposed on motorcyclists?

 

In Texas, motorcyclists under the age of 21 are required to wear a helmet. They are required to use a headlight for motorcycles built after 1975. Their motorcycle may not be retrofitted in a dangerous way, such as raising the handlebar height more than 15 inches above the seat. And they must purchase a minimum level of insurance.

 

While a failure to adhere to these laws – as well as other demonstrably safe practice – will not necessary result in a particular outcome, they are often influential. Are these laws applicable in your motorcycle injury lawsuit? To find out, contact the attorneys and dedicated professionals at the Dallas law firm of Fears | Nachawati.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

A bipartisan group of members of Congress recently voiced their support for motorcyclists by encouraging riders across the country to participate in the annual Ride to Work Day. For years, the Ride to Work Day has been an opportunity for riders nationwide to demonstrate that motorcycle owners come from all walks of life.

 

Why is this important? Like many minorities, motorcycle riders face stereotyping and profiling. Many drivers view them as irresponsible, careless, selfish and dangerous. For most people, these biases aren’t necessarily based in anything tangible, but they often have very tangible effects.

 

Statisticians conclude that two-thirds of fatal motorcycle accidents are the fault of the passenger car driver, not the motorcyclist. In courts of law, however, juries don’t reach the same findings of fact. What explains the difference? Many scholars and observers believe that a subtle prejudice influences juries as they allocate responsibility for an accident. Riders pay the price in lost court cases and reduced damage awards.

 

Legal Commentary – Majed Nachawati – Author

How should you push back against this bias in our court system? The best cure is persuasive, dedicated legal counsel. Whether presenting facts and law in a courtroom or a mediation session, the attorneys at the Dallas law firm of Fears | Nachawati understand how to provide the decision-maker in your case with the facts and law necessary to arrive at a fair, impartial and appropriate decision.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

In a classic moment from the acclaimed movie, Butch Cassidy and the Sundance Kid, the title characters find themselves literally trapped between a rock and a hard place. Crouched behind a large rock, they face two options: surrendering to approaching lawmen or leaping from safety, hoping to land in a fast-flowing stream below. Sundance wants to face the lawmen, ultimately admitting that he’s afraid of the escape because he can’t swim. Butch’s response is a cinema classic: “Are you crazy? The fall will probably kill you.” And with that, they jump.

 

Sundance was worried about the wrong thing: he assumed away the greater risk, focusing instead on the lesser one. Across Texas, motorcyclists do the same thing every day. The only difference is that for them, the fall might actually kill them.

 

Prospective riders wonder if they’ll ever really get the hang of riding. Long-time owners worry about whether they’ve purchased the right ride. Older owners wonder if they’re cool enough to pull it off. Younger riders wish they had a nice bike. And in each case, most are unprepared for what would happen if they were in a motorcycle accident.

 

The Center for Disease Control (CDC) recently published troubling statistics. In the first decade of the 21st Century, while motor vehicle crash-related deaths reached an all-time low, motorcycle deaths reached an all-time high, more than doubling between 1999 and 2008. In that period, more than 30,000 riders died and well-over 1,000,000 were treated in the emergency room of a hospital.

 

Riders need to get their head right. For that matter, their families should, too. Riding a motorcycle puts you at real risk of experiencing painful, costly, and life-altering health outcomes, including death. Part of what it means to be a responsible rider is knowing what should happen in the event of an accident that’s not your fault.

 

The attorneys at the Dallas law firm of Fears | Nachawati specialize in this important area of the law. Whether you need to talk to our attorneys about a personal injury lawsuit or a wrongful death case, we’re ready to guide you through those difficult conversations. After years of committed practice, we’re ready to give you the help you need.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

This weekend, a Houston police officer in his 40s died as the result of a traffic accident. This accident is not just unfortunate, but also indicative of many fatal motorcycle wrecks in Texas. At the time of the accident, the off-duty officer was riding his motorcycle when an automobile driver unsafe changed lanes, slamming into him.

 

How does this accident represent the norm? First, the motorcyclist was fatally injured because of the car driver’s carelessness. Sadly, the majority of motorcycle accidents in Texas are the result of careless automobile drivers, not inattentive riders.

 

Second, the motorcyclist was injured in spite of his training and experience. In fact, few riders have as many hours on a bike as last weekend’s policeman. Since the mid-1990s, the motorcyclist had worked on the police force, mostly in traffic enforcement as a motorcycle cop. Hundreds of hours didn’t protect him from another’s risky driving.

 

Finally, motorcycle deaths disproportionately occur among motorcyclists between 30 and 60, according to data from the Texas Department of Transportation. While other accident types, such as drunk driving or inattentive driving, are associated with younger drivers and teens, motorcyclist fatalities are an older driver phenomenon. At 44, the motorcyclist in last weekend’s accident is precisely within the age range TxDOT reports.

 

Was your loved one involved in a motorcycle accident? History suggests that these accidents can be some of the hardest on families. They often involve older males who are the primary breadwinners in a family that includes children. For many of these families, it’s important to secure justice and find adequate compensation for loss. Are you ready to find out how our dedicated attorneys can help? Call us today.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

The Center for Disease Control (CDC), one of the nation’s preeminent medical research facilities, could not be clearer: a motorcycle driver’s failure to wear a helmet dramatically elevates the likelihood that he will suffer serious and potentially fatal injury. Forty-one percent of motorcyclists who died in highway accidents were not wearing a helmet.

 

Even with a helmet, however, motorcycles are dangerous. More than 4,000 motorcyclists die annually on average. And although helmet technology is improving, the number of riders who die in roadside accidents is rising faster than every before. In the last ten years, motorcycle deaths have risen by an astonishing 55 percent. Finally, although wearing a helmet is crucial to safety, riding a motorcycle is so dangerous that more people die every year wearing a helmet than not wearing one.

 

The CDC’s research concludes that wearing a helmet reduces the risk of death by 37 percent and the risk of head injury by a remarkable 69 percent. Statistics like these have convinced forty-eight state legislatures to adopt some form of helmet law and eighteen state governments to enact universal helmet laws.

 

Legal Commentary – Majed Nachawati – Author

Important legal doctrines such as the assumption of the risk and comparative negligence empower juries to consider not only the careless conduct of the defendant but the actions of the plaintiff, too. Widespread knowledge of the importance of motorcycle helmets suggests that a motorcyclist’s failure to wear a helmet may constitute the kind of risky behavior that limits or even terminates a defendant’s legal liability.

 

How will Texas’s helmet statute and case law impact your suit? Fortunately, the attorneys at the Dallas law firm of Fears | Nachawati are fully prepared to answer this question and the many other legal issues which may impact your rights. To schedule your free consultation with our dedicated attorneys, contact us today. We’re ready to advise you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

The Center for Disease Control (CDC) released important figures recently, finding that in a recent ten-year period motor vehicle fatalities reached an all-time low, but that during the same period motorcycle fatalities rose to an all-time high.

 

Just how frequent have motorcycle accidents and motorcycle fatalities become? An astonishing 34,000 American motorcyclists were killed during the study period and 1.2 million were treated for non-fatal motorcycle-related injuries. Distressingly, this increase isn’t merely a reflection in increased ridership. The rate of motorcycle fatalities increased by 55 percent during the period from 1.12 riders to 1.74 riders per 100,000.

 

Legal Commentary – Majed Nachawati – Author

Are you prepared for what might happen if you or your loved one are involved in a motorcycle accident? As this CDC report finds, riding a motorcycle is dangerous – and becoming even more risky.

 

Motorcycle accidents involve an important but often misunderstood area of the law. Questions such as whether a rider was careless in his driving or whether he took appropriate steps to avoid the risk of an accident can have a profound impact on settlement negotiations or even a jury trial. Securing the answers to these questions and many more is important for you and your family.

 

Are you ready to find out what will happen if you or a loved one are involved in a motorcycle accident? Have you been in a motorcycle accident and are now struggling to identify the right way to move forward? With many years of experience and dedicated expertise in this area of the law, the attorneys at the Dallas law firm of Fears | Nachawati are prepared to give you the advice you need. Contact us today.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Texas is home to nearly 1,000,000 motorcycle drivers. It’s easy to see why: with open highways and good roads, Texas is a great place to ride, whether you’re cruising in the Hill Country, flying across the Llano Estacado, or snaking through the Piney Woods.

 

Tragically, however, Texas is also the place where hundreds of riders die every year. And to make matters worse, most of those, nearly 64 percent according to the Texas Department of Public Safety, die without a helmet.

 

Legal Commentary – Majed Nachawati – Author

What are the rules of the road in Texas? For starters, Texas law requires that riders carry minimum compulsory liability insurance: at least $30,000 per person in bodily injury coverage and at least $25,000 in property damage coverage. Of course, that’s really only the start. If you’re in a motorcycle accident you could be on the hook for a lot more.

 

Have you or a loved one been in a recent accident while riding on your motorcycle? If the answer is yes, you probably have a lot of questions about your rights under the law and whether you have a viable claim against the driver who caused your injury. The sad truth is that many motorists have a hard time seeing motorcyclists – and, as a result, don’t brake for them until it’s too late.

 

Fortunately for you, the attorneys at Fears | Nachawati are dedicated to protecting the legal interests of drivers like you. With years of experience and courtroom-tested expertise, we know how to fight for your rights and secure the settlement that you deserve. Talk to our professionals today to find out how we can help you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

It may seem counterintuitive, but driving experts and even state administrators recommend that drivers should give motorcycle riders more space on the road, not less, despite their smaller size. The reality is that the factual standard for driving safely near a motorcycle is higher than it is for driving near cars.

 

In Texas, a state of nearly 24,000,000 people, motorcycle drivers make up a tiny fraction of the people on the road. Yet these roughly 1,000,000 drivers disproportionately suffer injury and death on the highway. In fact, in terms of relative size, considerably more motorcyclists are injured or killed on Texas roads than drivers of passenger cars.

 

Why is that? Passenger car drivers tend to blame motorcyclists themselves. The evidence, however, tells a different story. In compliance with state law, drivers of motorcycles take specialized courses and in many cases, receive advanced training, too. Additionally, more than 75 percent of accidents involve another car, and a significant majority occur in the context of multi-car collisions in which the motorcyclist is merely at the wrong place at the wrong time.

 

Legal Commentary – Majed Nachawati – Author

Unfortunately, innocent misconceptions about how and why motorcyclists are involved in accidents can do considerable damage at a negotiating table or in a courtroom. Mediators and juries often fall in the trap of blaming the victim, as if choosing to ride a motorcycle was somehow the same thing as choosing to suffer a debilitating highway accident because of a car driver’s negligence.

 

Victims of motorcycle accidents need legal representatives who not only understand the law that governs their case, but also who recognize the uphill battle that their clients face as a result of these misconceptions. Our success in the courtroom and at the negotiating table suggests that a clear message about the cause of an accident can get through, but it takes an articulate, knowledgeable, and experienced attorney to succeed at communicating it.

 

Fortunately for you, that’s exactly who the attorneys at Fears | Nachawati are. Contact our experts today to find out how we can help you recover from your motorcycle accident. The consultation is free, so you have nothing to lose. Let us help you!

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Early morning commuters travelling to Dallas from Rockwall, and Greenville were delayed this morning because of a motorcycle accident that seriously injured two people. Today’s accident marks yet another in a growing trend that underscores how dangerous motorcycle driving can be, particularly for riders who don’t protect themselves.

 

Although precisely what happened is still under investigation, today’s accident has all the earmarks of the kind of car-induced accident that so often takes down riders. In the half-light of early morning, a driver and his passenger were taking an I-30 off-ramp when the motorcycle crashed, throwing the riders from the cycle and onto the cold, hard interstate. Observers are left to wonder whether an inattentive motorist was travelling too close to the exiting bikers and caused the accident.

 

Legal Commentary – Majed Nachawati – Author

Have you been injured in a motorcycle accident? Was a careless car driver responsible for your injuries? You should call a doctor if you’re injured. Then, you should contact the motorcycle accident experts at Fears | Nachawati.

 

Want to know how to protect yourself? Helmets are just the half of it. For many motorcyclists, insurance is important to protect their financial future, and the skilled attorneys at our law firm are instrumental in making sure that their legal interests are protected. Ready to find out how we can help you? Talk to our skilled, trained, experienced, and dedicated professionals today. You’ll be glad you did.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

A Houston motorcycle owner woke up this morning to a legal and financial reality that he never considered when it was just a highly unlikely probability. As he relaxed at home the night before, his life was changing on Houston’s North Freeway. So were the lives of three others.

 

What was the motorcycle owner’s fateful decision? It was a simple enough act: he let his friend borrow his motorcycle. Unfortunately for everyone involved, however, the friend had very little motorcycle experience.

 

Zooming down the center lane of the North Freeway, the rider lost control of the bike’s speed and, as a result, slammed into the back of another vehicle, breaking out the car’s back window and spraying glass on two children sitting in the back of the car. Although scary for the kids, the accident proved even worse for the rider. Not wearing a helmet, the novice joyrider was thrown from the motorcycle, ultimately landing at a hospital in critical condition.

 

Legal Commentary – Majed Nachawati – Author

What would happen if your friend, spouse, or child were in an accident while riding your motorcycle? Have you considered the legal and financial implications that you might face? If you’re like most motorcycle owners, you haven’t. And the harsh financial and legal realty is that you might be on the hook for your joyrider’s recklessness.

                                                                                

Do you have questions about what happens in the event of a motorcycle accident involving your ride? Texas law can be complicated. It may be time for you to speak with the specialists at Fears | Nachawati. Contact us today for a free consultation!

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html