Personal Injury/Bicycle Accidents:
With faster cars, faster motorcycles, more people riding bicycles, and everyone being in a hurry "to get there" more and more people are suffering from traumatic brain injuries, spinal cord injuries, or even dying in tragic accidents that could have been avoided. When we stop paying attention to what we are doing while operating a vehicle we are being negligent. If that negligence results in severe injury to someone else, the person injured is entitled to compensation for the losses they suffer as a result of another's negligence.
All personal injury claims originate from one or several people acting negligently. Negligence occurs when someone is not paying attention, or is being careless when they should have been paying attention. Through the years the law of negligence has developed through the creation of statutes by the legislature and through the interpretation of those statutes by the Courts.
The following elements are necessary to establish a negligence cause of action:
The breach of a duty, established by law that is the cause of a resulting harm, and damages to another person, or several people.
Some acts are determined to be intentionally negligent, and others are reckless, or wanton. Also under the umbrella of negligence are claims called, strict liability.
If you or someone you love and care about has been injured in a bicycle accident, it is crucial that you protect your rights and get the necessary medical treatment you need. In order to protect your rights, you or your loved one will need a skilled bicycle accident attorney who can help you navigate the complexity of vehicle and traffic laws, medical concerns, insurance laws and issues, negligence and liability laws as well as having an advocate to deal with the insurance company representatives.
Texas requires all children riding bicycles to have a helmet on! It is the law and it is common sense.
Texas Transportation Code gives bicycles the duties and responsibilities as car drivers. Bikes must follow all the same rules of the road as cars. ( Transportation Code Section 551.101)
Whenever reasonably required you can therefore ride in the roadway unless you are in a jurisdiction that specifically prohibit cyclists on their bikes from riding in the roadway. The idea is not to impede the ordinary flow of traffic. Keep in mind if you are acting reasonbly you are probably acting legally. Riding two abreast can be dangerous no matter where you are. Texas law says it is fine for bikes to ride two abreast where there is more than one lane of traffic so long as you are not an impediment to traffic.
Texans love their cars therefore another caveat to be aware of
is the law that says you cannot inconvenience that huge SUV in having to pass you, even if it is a hummer taking up the entire road! (Texas Penal Code Section 42.03 brings us this law)
If you are riding at night you have to have a light. You should also be well versed in all of the proper hand signals used for turning. For other bikers out there, please call out that ginormous pot hole and point to it after you have managed to avoid it. Also, if there is a car riding up on another cyclist you see ahead of you, call out "CAR" to let them know they migh "inconvenience" that hummer trying to pass them. These are common courtesy and can spare a lot of bike parts and injuries.
If you have been involved in an accident:
- Immediately get the emergency care you need.
- Follow-up with your primary care physician.
- Do not speak to the insurance company of the person/company who injured you until you have contacted an attorney. Insurance companies will try to contact you through an adjuster or attorney with one goal in mind, limit the amount of money you may be entitled to recover.
- Investigation: Only trained professionals should investigate incidents causing severe injury. This will include speaking with witnesses and taking their statements. Photographs of the incident site will need to be taken by a trained individual who knows what to look for and preserve evidence as close in time to the incident as possible.
Motorcycle & Scooter Accidents
If you or someone you love and care about has been injured in a motorcycle accident, it is crucial that you protect your rights. In order to protect your rights, you
or your loved one will need a skilled motorcycle accident attorney to help you navigate the complexity of vehicle and traffic laws, physician and alternative medical
support issues, the laws of negligence and other liability issues and concerns and how and when to deal with insurance companies and their representatives. Being
represented by a skilled motorcycle accident attorney means you will be provided guidance through all these various aspects of a motorcycle accident.
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 the Shefman Law Group 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.
Auto Accidents, Bus Accidents, MUNI Accidents, Trucking Accidents, Boating Accidents, Plane Crashes
Other areas of our personal injury practice include thte following:
A person is strictly liable, responsible for damages and losses related to their conduct, despite a finding of negligence. All that is required is a nexus between
the persons conduct and the resulting damage. Common strict liability claims are dog bites, and product liability. It is important to get an attorney who is an
experienced dog bite attorney and product liability attorney to help you with your claims.
Focusing our practice on helping those who have suffered severe injuries and helping the families of those who have suffered the wrongful death of a loved one
resulting from the following:
Premises liability law is the body of law which makes a possessor of land or premises responsible for injuries suffered by persons who are injured on the premises or
property. In assessing a premises liability case, it is important to consult with an experienced premises liability lawyer.
Slip and fall injuries are those that occur on the land of another or government. Slip and fall cases require careful investigation and thorough research of the
premises where the person was injured. If the injury producing incident occurred on a city street or other municipal or government owned or managed property, or
common carrier (such as city bus, or subway) protecting your rights and filing the proper government claim forms is essential to preserving your claim. An
experienced and knowledgeable premises liability attorney should assist you with evaluating your claim.
Escalator/Elevator Injuries are also considered premises liability cases and can be the most life threatening of events. Proper maintenance and care of elevators and escalators is crucial to keeping passengers safe. To understand these types of premises liability cases it is important to also understand the laws of common carriers and to work with an experienced common carrier attorney.