When it comes to protecting oneself from traumatic brain injuries (TBI) in motorcycle wrecks, helmets are often the first line of defense. However, the question arises: can wearing a helmet truly prevent a TBI during accidents? Understanding the answer requires a deeper look into the nature of TBIs and the protective capabilities of helmets.

If you or a loved one have experienced a head injury even while wearing a helmet, you might be navigating through a complex situation. At Dale R. Rose, we understand the intricacies of such cases and are dedicated to providing the support and expertise needed for your legal journey.

Understanding Traumatic Brain Injuries

Traumatic brain injuries, or TBIs, are serious injuries that occur when an external force impacts the head. The severity of a TBI ranges from mild concussions to severe brain damage. TBIs are a major concern in accidents, especially those involving motorcycles,  vehicles, sports, or falls.

The first key aspect to consider is how TBIs occur. They often happen due to a direct blow to the head or when the head is rapidly moved back and forth, causing the brain to hit the inside of the skull. This movement may lead to bruising, torn tissues, bleeding, and other physical damage to the brain.

Another critical factor is the severity of the impact. TBIs are not solely dependent on the strength of the external force but also on the angle of impact and the duration of the force. For instance, a sharp, quick blow to the head might cause more damage than a slower, less intense impact.

The Role of Helmets in Preventing TBIs

Helmets are designed to reduce the risk of TBIs by absorbing and distributing the force of an impact. They work by providing a layer of protective material that cushions the head and spreads the force over a larger area, lessening its intensity on any single point of the skull.

However, helmets have their limitations. They are most effective in preventing TBIs from low to moderate impacts but might not offer complete protection against very high-impact collisions. The effectiveness of a helmet also depends on its type, quality, and whether it’s worn correctly.

Moreover, helmets can’t entirely prevent the brain from moving within the skull during an impact. This means that even with a helmet, there’s still a risk of suffering a TBI, especially in high-speed accidents or falls from a significant height.

Evaluating Helmet Safety Standards

Helmet safety standards are essential in ensuring that helmets provide adequate protection. These standards, set by organizations like the Consumer Product Safety Commission (CPSC), dictate the minimum requirements a helmet must meet to be considered safe for use.

One aspect of these standards is the testing process. Helmets undergo rigorous testing to evaluate their effectiveness in reducing impact forces. The testing mimics various types of impacts that one might encounter in real-life scenarios.

Another critical aspect is the certification process. Helmets that meet or exceed these safety standards are certified, indicating they provide a certain level of protection. When choosing a helmet, it’s important to look for these certifications to ensure it meets established safety criteria.

Why Choose Dale R. Rose for Your TBI Case?

Dealing with the aftermath of a TBI may be overwhelming, especially when it comes to legal matters. At Dale R. Rose, our experience in handling personal injury cases, particularly those involving TBIs, sets us apart. We offer personalized legal assistance, ensuring that each case is treated with the attention and expertise it deserves.

Our approach involves a thorough understanding of the nuances of TBI cases. We work tirelessly to build a strong case, taking into account the specifics of the incident, medical records, and the impact of the injury on your life. Our goal is to secure the compensation you deserve, whether it’s for medical expenses, lost wages, or pain and suffering. For assistance with your TBI case, call us at (972) 634-ROSE (7673) or visit our contact form. Let us help you navigate this challenging time with our expertise and compassionate legal support.

Understanding how to retrieve your accident report following a collision is a crucial step in handling the aftermath. If you’ve recently been involved in a car accident, knowing where and how to obtain this report is essential. This document is not just a record of what happened; it’s a key piece of evidence that can support any claim you might make later.

Our firm specializes in guiding individuals through these challenging times. We recognize the importance of accessing your accident report swiftly and accurately and are here to help streamline this process for you.

Retrieving Your Accident Report

Retrieving your accident report in Texas involves specific steps. Firstly, it’s important to know that the responding police officers typically file these reports. In Texas, if the accident was serious enough to warrant a police response, an official report is likely to exist. You can usually obtain this report from the local police department, sheriff’s office, or the Texas Department of Transportation (TxDOT).

It’s essential to be aware of the timeframe for obtaining this report. In some instances, you may be able to obtain the report directly from the agency itself sooner than it is posted on the State website.  Generally, it becomes available a few days after the accident, but this can vary. Also, there might be a small fee for getting a copy (typically $6..0 or $8.00). It’s crucial to check with the specific agency for their procedures and fees.

The Role of Your Attorney in Reviewing the Report

When an attorney reviews an accident report, they perform a detailed analysis of its contents to ensure accuracy and completeness. They scrutinize every aspect of the report, including the description of the accident, the parties involved, witness statements, and the responding officer’s observations and conclusions. The attorney looks for any inconsistencies or omissions that could impact the client’s case. They also interpret the report in the context of relevant laws and legal precedents, assessing how the documented facts may affect liability and damages. 

This thorough review enables the attorney to identify strengths and potential weaknesses in the client’s position, informing their strategy for negotiations, insurance claims, or legal proceedings. The attorney’s aim is to ensure that the report accurately reflects the incident and supports the client’s best interests, whether in an insurance settlement or a court of law.

Understanding the Report’s Significance

The accident report plays a pivotal role in the aftermath of a collision. It’s often the foundation of any insurance claim you file. Insurance companies rely heavily on these reports to determine fault and liability. Therefore, having a copy of the report is crucial for a smooth claim process.

Moreover, the report is valuable for legal purposes. If you decide to pursue legal action, your attorney will use the report as a starting point for their investigation. It helps build a strong case by corroborating your account of the incident with official records.

Finally, it’s important to review the report for accuracy. Mistakes and incorrect information may adversely affect your claim or case. If you find inaccuracies, it’s advisable to contact the reporting officer to discuss amendments.

Why Choose Dale R. Rose for Your Case?

At Dale R. Rose, PLLC, we understand the complexities and challenges you face after a collision. Our firm is well-versed in Texas laws and procedures for obtaining and utilizing accident reports. We can help you navigate this process, ensuring that you get the documentation you need promptly and correctly. Our experience extends beyond just retrieving reports. We analyze every aspect of your case, using the report as a foundation for building a strong argument on your behalf. 

Whether it’s dealing with insurance companies or representing you in court, our team is committed to advocating for your rights and interests. If you’re struggling to access your accident report or unsure how to use it effectively in your case, contact us at (972) 634-ROSE (7673) or visit our contact form. Our expertise in personal injury law and dedication to our clients make us a formidable ally in your journey toward justice and recovery.

Being involved in a blind spot accident may be traumatic and confusing for all parties involved. It is important to know who is at fault and what you should do if you are injured in a motorcycle accident. In this article, we will discuss the common causes of blind spot accidents, how to determine liability for a blind spot car or motorcycle accident, and reasons to set up a consultation with an accident attorney.

As a motorcycle accident attorney, Dale R. Rose has experience working with injured motorcyclists and their families, as well as pedestrians, bicyclists, and other motorists who may have been injured by motorcycle riders. We will learn more about the specific factors that contributed to your accident and help to determine who is at fault. In some cases, more than one party could be held responsible for what happened. 

What Is a Blind Spot Accident?

A blind spot accident occurs when two vehicles collide due to one vehicle being unable to see the other vehicle in its blind spot. Blind spots are areas around a vehicle where the driver cannot see other vehicles or pedestrians clearly. Every vehicle has several blind spots that drivers should check before changing lanes or turning.

Motorcycles are often impacted in blind spot accidents because of their smaller size. The driver of a truck or a larger SUV may have difficulty seeing a motorcycle if it is in their blind spot due to the construction, style, or height of the vehicle. Even if they had a more difficult time seeing motorcyclists, all drivers still have the responsibility to make sure the areas around them are clear before changing lanes or turning.

What Causes Blind Spot Accidents?

Blind spot accidents are caused by various factors such as poor visibility, lack of mirrors, lane change, merging lanes, lane splitting, large trucks and buses with large blind spots, or road construction. Essentially, a blind spot accident is caused by hindered visibility to road conditions from another factor. If any of these factors are present at the time of an accident, then it may be considered a blind spot crash.

Note that a blind spot does not mitigate liability in blind spot accidents. Blind spots are a known risk when driving, and drivers should be aware of their limits and adjust their driving accordingly. Even when a blind spot is present, all drivers have a responsibility to drive safely and with caution at all times. When a driver fails to do this, they may still be held accountable for any resulting accidents or damages. 

Who Is at Fault in a Blind Spot Accident?

In most cases, the driver who did not check their blind spots before changing lanes or turning is usually liable for the accident. The court will consider any mitigating circumstances, such as weather conditions, road construction, and other causes of poor visibility. Still, ultimately, it is up to the judge or a jury to determine fault in a blind spot car or motorcycle accident case.  The judge or jury will also take into account any evidence presented by both parties to the case, such as witness testimony, photographs, and police reports.

Depending on the type of accident that took place, the court may consider relevant traffic laws and regulations to determine who was at fault. The court will also consider any physical injuries or property damage caused by the accident. 

Contact a Motorcycle Accident Lawyer if You’re in a Blind Spot Accident

If you or a loved one have been involved in a motorcycle accident, it is important to contact an experienced lawyer to ensure that your rights are protected. Dale R. Rose, PLLC, has extensive experience in dealing with blind spot accidents and will provide you with the advice and assistance you need. We understand the complexities of such cases and are dedicated to providing our clients with the highest level of legal representation.

With our knowledge of the law, we will help you get full compensation for any damages or injuries sustained as a result of the accident. So, if you or your loved one have been involved in such an incident, contact Dale R. Rose, PLLC, at (972) 634-ROSE (7673) or fill out our contact form today to arrange a free consultation.

Navigating the complex world of accident claims is particularly challenging, especially when attempting to understand the nuanced differences between car and motorcycle accident claims. Whether you are a motorist or motorcyclist, it’s important to gain clarity on your rights and responsibilities in such situations and how the law may view car and motorcycle accident claims differently.

While car and motorcycle accidents share similarities, differences between their repercussions and claims need to be acknowledged. Being aware of these differences will help victims understand what they are entitled to in terms of compensation. In this blog, Dale R. Rose, PLLC, discussed the difference between car and motorcycle accident claims in Texas.

The Differences Between Motorcycle Accident Cases and Car Accident Cases

Despite appearing seemingly similar in nature, motorcycle accident cases and car accident cases are treated quite differently. The quintessential factor separating these two types of incidents is the degree of vulnerability. As a motorcyclist, you are inherently more exposed and, therefore, more susceptible to severe injury or even fatality in an accident compared to those injured in a car accident.

On top of this, the type and nature of injuries that you may sustain during a motorcycle accident are typically more severe than those from a car accident. They often constitute more than just minor contusions or fractures but may also include incapacitating damage such as traumatic brain injuries and spinal cord injuries. As a result, dealing with health care insurance becomes an arduous task where a larger amount of medical expenses has to be covered.

In terms of legal considerations, the complexity tends to increase in motorcycle accident cases. Although the basic process of gathering evidence, documenting injuries, and establishing fault remains the same, bias against bikers creates a challenge for these cases. Some jurors, adjusters, and even pedestrians have negative perceptions of motorcyclists, thinking of them as people who willingly take unnecessary risks. Such biases could affect the fulfillment of the rightful compensation you are entitled to.

The Importance of Hiring a Motorcycle Accident Lawyer

If you are injured in a motorcycle accident, it’s critical to hire a motorcycle accident lawyer. The legal aspect of an accident involves several complexities that can only be handled efficiently by an expert. A motorcycle accident lawyer bridges the gap between you, the legal system, and the insurance company.

Having such an advocate by your side could be indispensable for you when dealing with intricate legal procedures, especially when injured. An accident in itself is a traumatic event; dealing with injuries—both physical and psychological—increases the stress multifold. Amid your recovery process, you may find yourself in the midst of medical bills, lost wages due to absence from work, and large amounts of paperwork from insurance companies. You might feel overwhelmed, lost, and distressed.

In such critical times, a motorcycle accident lawyer will help. They understand the legal juggernaut and will guide you through this intricate path, explaining your rights, assessing your claim, negotiating with insurance companies, collecting evidence, and representing you in court if the necessity arises. They strive to secure the maximum amount of compensation possible to cover your medical expenses, future care, lost wages, and pain and suffering. 

Schedule a Consultation With a Car Accident Attorney Today

A Texas motorcycle accident lawyer will help explain the complex laws and rules that apply to your motorcycle crash and guide your actions in court. We will also interpret complex legal documents and guide you in settlement negotiations. Dale R. Rose has 30+ years of experience working with personal injury, car accident, and motorcycle accident victims. This experience will help you navigate the legal system more easily.

Your motorcycle accident lawyer will not only educate you on your rights but also facilitate the compensation process, contesting on your behalf in court to ensure you get what you deserve. Contact Dale R. Rose, PLLC, at (972) 634-ROSE (7673) or fill out our contact form to arrange a free consultation. We are here to help you make an informed choice about your legal next steps.

Are you an aspiring motorcyclist in the Lone Star State? The first step in hitting the open road on two wheels is obtaining the appropriate motorcycle license. In Texas, there are different types of motorcycle licenses available based on your experience and the type of motorcycle you wish to ride.

Whether you’re a novice rider or an experienced biker looking to add more power to your ride, this article will guide you through the various types of motorcycle licenses in Texas and the steps you need to take to obtain them. As a law firm that frequently works on motorcycle accident claims cases, Dale R. Rose, PLLC, wants to make sure that you have the right type of license for riding as safely as possible. 

M-Class License

Texas offers the M-Class license. This license is for individuals who already have a driver’s license and want to begin riding a motorcycle. To obtain an M-Class license, you need to be at least 15 years old and pass both a written test and a skills test. The written test covers essential knowledge such as traffic laws, road signs, and safe riding practices. The skills test evaluates your ability to handle the motorcycle, including basic maneuvers like turning, stopping, and accelerating.

In addition, you must have a good driving record, complete motorcycle operator training and safety courses, and pass a vision test. The vision test is similar to a regular driving test. A Basic Motorcycle Operator Training Course approved by the Texas Department of Public Safety (DPS) provides hands-on training and prepares you for real-world riding situations, helping you develop the necessary skills to ride safely and confidently on local roads.

M-Class License With Restrictions

The other type of motorcycle license in the state of Texas is a Class M License with Restrictions. In this case, the Department of Public Safety grants you the right to operate a motorcycle but with certain restrictions. These restrictions might include: 

• Graduated Driver’s License restriction (GDL) is for riders under 18 years of age
• “I” restriction is for 15-year-olds and limits the motorcycles to models with 250 CCs or less
• “J” restriction or Motorcycle Learner’s License allows for the practice of motorcycle riding as long as there is a licensed motorcyclist who is at least 21 years of age watching

While these restrictions may be limiting, they are often an excellent choice for young riders. 

Next Steps to Get Your Motorcycle License in Texas 

Now that you’re aware of the different types of motorcycle licenses in Texas, it’s time to take action. Start by obtaining the necessary study materials and schedule your written test. Don’t forget to familiarize yourself with the Texas Motorcycle Operator’s Manual, which contains valuable information that will assist you in passing the written and skills tests. 

Once you’ve successfully passed the written test, you can enroll in a BMOTC or gather the required documents and make an appointment for the skills test. With determination and practice, you’ll be on your way to obtaining your motorcycle license. 

Contact a Motorcycle Accident Attorney

Motorcycle riding is exciting, especially as you first learn to ride. Unfortunately, motorcycle accidents do happen. In the event that you are ever in a motorcycle accident, it is important to have a reliable motorcycle accident attorney to call to help represent your interests and file your claim.

Contact Dale R. Rose, PLLC, at (972) 634-ROSE (7673) or fill out our contact form in the event that you need to arrange a free consultation. We have years of experience working directly with motorcycle accident victims and helping them get the compensation they need.

Most of us have done this at some point in our lives. A friend or family member approaches you and borrows your car to run some errands or for other purposes, maybe for a few hours or days. And then you hand over the car keys, hoping nothing goes wrong. But what do you do when you get a call out of nowhere informing you that the person has been involved in a car accident?

Sometimes, the scenario might be different. For instance, you might be in your car, but then you’re not the one driving. What happens if you get in a collision in this instance?

In Texas, someone else crashing your car may uncover different situations depending on the circumstances leading to the accident, who is at fault, and the injuries and damages the accident causes. Nevertheless, your first line of defense is contacting a skilled Texas car accident lawyer as soon as you learn about the accident for help understanding your available legal options.

Texas Car Insurance Laws

In the Lone Star State, all car owners and drivers are required by the law to carry minimum coverage, which includes:

• At least $30,000 in bodily harm liability per person and at least $60,000 to cover injury damages for a single accident
• A minimum of $25,000 for property damage liability

According to preference and for additional protection, policyholders in TX may opt for underinsured/uninsured motorist coverage.

Typically, when an insurance policyholder gets involved in an accident and is the one at fault, their insurance coverage takes over and covers the other driver’s and passengers’ damages. This is more or less the same no matter who was driving the vehicle, provided they had verbal, written, or implied consent from the car owner. In other words, car insurance policy in Texas follows the vehicle rather than the owner.

What to Do When the Driver With Your Car Isn’t the One At Fault

If your friend or family member driving your car during the accident is not at fault for the accident, but rather the other motorist involved in the accident is, you’ll file the car accident claim against the at-fault driver’s insurance policy. In Texas, this is called a third-party insurance claim, and it will be responsible for covering any medical expenses for those inside your car during the crash and any property damage.

Consult Dale R. Rose: The Best Texas Car Accident Attorney

Learning about an accident involving your car in Texas when you’re not the one driving may throw you into a bit of confusion on what to do next. To overcome the uncertainty and avoid doing something wrong, consult an experienced personal injury lawyer.

Dale R. Rose hopes to help amidst this mix-up. Dale has practiced personal injury law for over three decades and has dealt with dozens of cases similar to yours. Book your free initial consultation today by filling out our contact form or calling (972) 634-ROSE (7673).

Young drivers are more likely to endanger the lives of Texas road users than seasoned ones. Their inexperience behind the wheel makes them more susceptible to distraction and losing their situational awareness. 

However, the law remains the same. You may file a personal injury claim to receive compensation when you’re involved in an accident caused by a teen driver. Unfortunately, teen drivers often don’t have many assets from which you can recover fair compensation for your damages. That’s where the family purpose doctrine comes in – typically referred to as “negligent entrustment”.

The family purpose doctrine allows victims to hold parents or guardians financially responsible for damages when their teen drivers cause an accident. Here is everything you need to know about the family purpose doctrine and when it can come into effect in a Texas personal injury claim.

What Is the Family Purpose Doctrine in Texas?

The family purpose doctrine holds the vehicle owner accountable for the damages caused by a family member’s negligence while using their vehicle. Under the dogma, the owners should have control over their cars and ensure that family members use them responsibly or not at all.

For example, a car owner will assume responsibility for the damages caused if they allow their spouse or child to drive their car, which leads to an accident. This holds true even if the car owner did not permit the family member to drive the vehicle.

You should also keep in mind that the Texas family purpose doctrine is not limited to a parent-child relationship. Instead, any person who provides a vehicle for the general use of their family may be held liable for the damages caused by any family member, regardless of their age.

Elements of a Claim Under the Family Purpose Doctrine

Typically, the Texas family purpose doctrine treats the family member as an agent of the car owner, hence liable for their negligence. However, you can only recover for damages under the family purpose doctrine when you prove that:

1. The Owner Maintained Control and Ownership of the Vehicle

While this element may seem straightforward, that’s not always the case. Owning a vehicle does not necessarily mean that the owner controls the vehicle’s use. However, you can use various factors, such as monthly car payments or payments for repairs, so that the owner has control of the vehicle.

2. The Vehicle Was Provided for the General Use, Convenience, or Pleasure of the Family

You should also demonstrate that the vehicle involved was previously used as a family vehicle, even if it was not used for a family purpose during the accident. This includes proving that the vehicle was used for family activities such as grocery shopping and family outings.

3. The Negligent Driver Was a Member of the Owner’s Family or Household

You must also prove that the vehicle’s driver was a member of the family or household of the person who had control over the vehicle. This may include the car owner’s spouse, adult or minor child, sibling, and anyone living with them.

4. The Owner Gave Permission or Consent for the Use of Their Vehicle

The injured party must also show that the at-fault driver used the car with the owner’s knowledge, approval, or consent. Consent may also be implied. Therefore, you won’t necessarily have to prove that the car owner had direct knowledge of or had given express consent. For example, the car owner may still be liable if a family member they allowed to use the vehicle lends it to another person without their permission.

When Can the Family Purpose Doctrine Apply to a Texas Car Crash?

Personal injury claims invoking the family purpose doctrine are more complex and require a thorough investigation. In addition to proving the driver’s negligence, an injured victim must demonstrate the elements of the family purpose doctrine. Some of the scenarios where your best option is to file a claim against the car owner include:

• Accidents involving negligent teen drivers: A teen driver intentionally causes an accident after their parents knowingly allow them to drive their vehicle even after demonstrating they were a danger to others.
• Crashes involving a family vehicle: You may also use the family purpose doctrine if the at-fault teen was driving a family vehicle during the accident.
• Accidents involving uninsured teen motorists: This happens when an unlicensed or uninsured teen borrows a vehicle and causes an accident. The parents will have to pay for the damages out of their own insurance policies.

Typically, car owners are liable for the actions of family members who use their vehicles. An attorney can help you build a successful claim against the car owner, regardless of whether they were in the car or not.

Consult an Experienced Car Accident Lawyer at Dale R. Rose, PLLC

The Texas Family Purpose Doctrine holds the car owner responsible for a family member’s negligence. This is especially useful when you’re injured in a Texas auto accident caused by a teen driver who may not be financially stable to pay for your injuries. In such cases, you can hold the parent owner responsible for the damages that their children caused. Unfortunately, the Texas family purpose doctrine is not as straightforward as it appears, and car owners will do everything possible to try and escape liability.

Dale R. Rose, PLLC, can help you use the family purpose doctrine to receive full and fair compensation. For 27 years, we have handled personal injury lawsuits, which included claims against car owners and parents who were not even present when the accident happened. We are ready to fight for a settlement that will cover your current and future medical and other financial losses, even if it means going to court. Fill out our contact form or call us at (972) 634-ROSE (7673) to learn more about how we can use this unique doctrine and other tactics to help your claim.

The open road, freedom, and motorcycles have long been synonymous. However, this thrilling means of transportation has its dangers, especially regarding accidents. Due to the relative lack of protection compared to cars, motorcycle accidents may cause severe injuries or even fatalities. Utilizing helmets is one essential safety step that might also greatly influence accident claims. Different jurisdictions enforce different motorcycle helmet rules, and whether or not a rider is compelled to wear a helmet can significantly impact their legal rights and potential financial compensation in the event of an accident.

You may have concerns about how this may affect your accident claim if you or a loved one were hurt in a motorcycle accident without a helmet. So, what are motorcycle helmet laws in Texas, and how could breaking them hurt your motorcycle accident claim?

Common Causes of Motorcycle Accidents

Motorcycle accidents result from various factors, mostly negligence by other motorists or the recklessness of the motorcyclists. Some common causes of motorcycle accidents in Texas include:

• Reckless driving by other motorists
• Impaired or distracted driving
• Speeding
• Lane splitting
• Poor road conditions
• Inclement weather

The degree of injuries incurred in motorcycle accidents may be severe due to these inherent risks, underscoring the importance of safety precautions like helmets.

Is It Illegal to Not Wear a Motorcycle Helmet in Texas?

Regardless of age, all motorcycle riders are required by some states’ helmet legislation to wear helmets. However, any Texas motorcycle driver over the age of 21 does not have to wear a helmet if they meet one of the following two criteria:

• They have completed a motorcycle safety course
• They have health insurance that can cover accident injuries

Riders must be informed of the applicable helmet regulations in their area because failure to do so may result in costly legal and financial repercussions. If you’re a motorbike enthusiast, we highly recommend you always use a helmet for your safety—no matter how safely you ride.

Why Should You Wear a Helmet?

It is impossible to stress how much safer it is to ride a motorcycle while wearing a helmet. If you use a helmet, you might be able to avoid serious or fatal injuries in an accident:

• Helmets are made to deflect impact and guard the head against severe injuries in the event of a collision. Wearing a helmet dramatically lowers the chance of suffering a brain injury, a skull fracture, or other potentially fatal injuries.
• In addition to improving overall visibility and reducing distractions, a well-fitted helmet may protect the rider’s face and eyes from flying objects, wind, and insects.

If you weren’t wearing a helmet when the accident happened, you could be deemed partially at fault when filing an accident claim following a motorcycle accident.

Can You Still Seek Compensation if You Are Found to Be Partially Liable for the Accident?

Comparative negligence in Texas is a legal theory used in several jurisdictions to calculate accident claim settlement amounts. Comparative negligence recognizes that various parties may have caused an accident to varying degrees.

Even if the motorcycle rider is determined to have contributed to the accident in some way, such as by breaking motorcycle laws, they may still be eligible for compensation. Compensation could be lowered to account for their liability in causing the accident. In these situations, wearing a helmet may be important. The opposing party may contend that if sufficient safety precautions had been taken, the rider’s head injuries might have been less severe or avoided altogether.

What if the Injuries Sustained in the Accident Were Not Head Injuries?

While helmets are primarily designed to protect the head, motorcycle accidents may lead to various types of injuries throughout the body—broken bones, spinal cord injuries, internal organ damage, and road rash. Not wearing a helmet may not directly impact claims related to these injuries.

Can Not Wearing a Helmet Affect Your Motorcycle Accident Claim?

In jurisdictions where a helmet is legally required to be worn, breaking that rule might significantly impact an accident claim. Insurance companies and litigants in court may assert that the rider’s lack of helmet use constitutes carelessness and disregard for personal safety. This may undermine the rider’s position during negotiations and judicial proceedings, possibly resulting in lower compensation or even the denial of a claim. 

It’s crucial to remember that even in jurisdictions where wearing a helmet is not required, like Texas in some instances, a rider’s decision to forego one may still be used against them in court if it can be demonstrated that it could have averted or lessened their injuries.

Contact a Skilled Motorcycle Accident Attorney Today

You may still be eligible for financial compensation if you weren’t wearing a helmet during the motorbike accident in Texas. If you are worried that not wearing a helmet could affect your motorcycle accident claim, contact our skilled motorcycle accident attorney, who is well-versed in the strategies employed by insurance companies to shift liability.

You’d want someone with vast experience handling your claim and litigation to help walk you through the legal process while getting you the compensation you deserve. Dale R. Rose has the experience and integrity to represent you in your case. To learn more about your options and receive personalized guidance, schedule a free initial consultation by calling our office at (972) 634-ROSE (7673) or filling out our contact form. With our experience in personal injury law, you can trust that you’ll work with a capable legal team to pursue just compensation for your losses and injuries.

Getting involved in a personal injury incident, like an auto accident, isn’t easy. Normally, it’s impossible to plan for incidents like these—anyway, no one anticipates getting injured when going out hiking, riding, shopping, or at work.

However, accidents happen daily, and in the unfortunate circumstances you get involved in one, you need to focus on safeguarding your health by seeking immediate medical attention and protecting your rights by enlisting a lawyer. But how do you choose the right lawyer for your claim?

What to Look for in a Personal Injury Lawyer

Ultimately, your first approach when searching for a personal injury lawyer might be to ask your friends and family for referrals. Searching online may be another viable, fast option. But you’ll likely be bombarded right, left, and center by dozens of lawyers claiming to be the best. So, how do you narrow your list to a lawyer suitable for your type of claim? Here are some things to look for:

1. Does the Lawyer Specialize in Your Area of Claim?

Just as you wouldn’t opt for a dentist to operate on your broken leg, so it is when it comes to choosing a lawyer. Attorneys have different areas of specialization. Therefore, you’d want to choose the one that specializes in your exact area of need. If you’re dealing with a car accident claim, be sure the attorney has expertise in car accident/personal injury law in your state.

2. Experience

When it comes to law, experience in the area of law is essential. Go with an attorney who has vast experience in similar cases like yours. The more years the lawyer has accumulated practicing and representing people with similar cases, the more likely they will know the dynamics and secrets to winning your case. In personal injury cases, for instance, experienced lawyers know exactly the tactics insurance companies use to deny victims fair compensation, which will come in handy when fighting your personal injury claim.

3. Track Record

Years of experience are nothing if the lawyer cannot show their track record of success. Track record may be demonstrated through:

• Impressive reviews by previous clients
• Records of cases the lawyer has won
• Trial successes—This shows that the lawyer is not afraid to go to court if it means giving the victim a better chance of winning fair compensation
• Awards and recognitions from other attorneys or former clients

4. Communication and Personality

A lawyer is someone you will be in communication with for the big part of your case. Therefore, you want someone who is easy to reach, keeps you updated on the progress of your case, and promptly communicates when something comes up concerning your case.

Another priority for you is paying close attention to how you engage with your lawyer. Are they friendly, compassionate, and someone you feel comfortable with? A good lawyer will create a good rapport and understand that you’re dealing with a difficult situation. They’ll also be genuine and willing to listen and answer any questions/concerns you might have.

5. Big Firm versus Small Firm

Who will be handling your case? Some law firms are big and advertise on TV how they have recovered millions of dollars. Although it is illegal in Texas, don’t be surprised that these law firms will have representatives calling you and wanting you to hire their firm.  Be very cautious on signing any contract without first speaking with the attorney. In most big firms, you will be dealing with a “case manager” and not the attorney.

6. Location

When choosing a lawyer, you want one local to your state or city. For example, opting for a McKinney personal injury lawyer would be wise if you live in or around McKinney. Local lawyers are also well-versed in local laws and the local courts  that affect your claim. Finally, meeting physically when necessary will be easier for you and them.

7. Payment and Other Offers

Legal expenses can be costly. Though we don’t recommend choosing price over quality, opting for an overly expensive lawyer might significantly and unnecessarily eat up your savings or compensation if you win. In most personal injury cases, a contingency fee of 33 ⅓% should be the agreement, with an increase if your claim has to become a lawsuit. Ask questions about the expected costs that will be incurred for your case. You may also want to opt for lawyers offering free consultations and other benefits.

Do You Need a Lawyer for Your Claim?

Because most insurance companies will fight you to pay for your damages when you file any insurance claim, you need a lawyer from the beginning to help you with getting what you are entitled to from the other side.  Since they are not your insurance company, their job is to either not pay you for your damages, or low ball you on any offers to help save them money.  It is important to understand that the insurance company for the other driver is not your friend.  Studies show that personal injury victims represented by lawyers win relatively higher compensation in insurance claims than those without a lawyer.

Additionally, retaining a lawyer means you may concentrate on your recovery while someone who knows the job best fights for your rights. Lawyers also possess the expertise to litigate and go to trial to compel the insurance company to pay what you deserve.

Dale R. Rose: A Renowned, Experienced Texas Personal Injury Lawyer

It’s understandable and regrettable that you or a loved one got involved in an incident that led to injuries. If you suspect someone else’s negligence led to the accident, you may be entitled to compensation. Getting a lawyer is not only prudent but also crucial to getting a fair settlement and a quick recovery.

If you live in Collin County or Fannin County in Texas, Dale R. Rose can help. Dale has over 30 years of experience in personal injury cases in Texas, including car accidents, truck accidents, medical malpractice, dog bites, slip-and-fall accidents, and more. Our tenacity, experience, and expertise have earned us a reputation in Texas. Schedule a free, confidential consultation with our compassionate Texas personal injury lawyer by calling (972) 634-ROSE (7673) or contacting us online.

Agriculture is an important part of the lifestyle and economy in Texas. However, owners of cattle or other livestock sometimes fail to keep their animals contained in a fence. When these animals are on the roadway, they pose a serious risk of injury or even death for drivers. 

When a driver or vehicle occupant is injured in an accident involving roaming cattle or livestock, the owner of the animal may be liable in many cases for compensating the costs and psychological consequences of the accident. This liability depends on where the accident occurred and the circumstances that led the animal to be on the road.

When the Livestock Owner Is Liable

Through the years, Texas has enacted several laws about liability in accidents involving livestock on the roadway. One of the important aspects of this law is what type of road the accident occurred on. If cattle are roaming on a federal or state highway, the animal’s owner is typically responsible for covering damage to the vehicle and physical injuries suffered by the vehicle’s occupants. Federal roads are considered “closed range,” and livestock owners are prohibited from allowing their animals to graze there.

For non-state and federal highways, liability depends on the laws enacted by the county where the accident occurred. If the county has designated the road as open range, the animal’s owner is not necessarily liable for the damage. If the county has not enacted range laws on the roadway, they are considered open range. However, even in open-range areas, livestock owners are typically required to fence their animals. If it can be proven that the owner knew that their gate was open or their fence needed to be repaired and failed to take measures to keep their livestock contained, they may still be found liable even in open-range areas.

When the Driver of the Vehicle Is Liable

If an accident occurred in an open range area, the owner of the animal is not necessarily liable for compensating the expenses and impacts when an accident with a vehicle occurs. 

Unfortunately, there is a patchwork of laws throughout the counties in Texas, and some of these counties prohibit the open-range grazing on roadways of some types of animals but not others. Texas stock laws govern cattle, domestic turkeys, hogs, goats, donkeys, horses, mules, jacks, jennets, and sheep.

Even on state and federal roads that are considered closed range, the animal’s owner may not be liable if they did not know or have reason to know that the animal has escaped its fencing. Additionally, if the animal’s owner’s fence was cut by law enforcement or emergency responders—with or without the owner’s permission—they are generally not liable if their animal gets onto the roadway and causes an accident.

How a Lawyer Can Help You Determine Liability

Texas stock laws are often confusing, leaving injured vehicle occupants unsure of who is liable. To seek compensation through Texas’ personal injury or wrongful death claims process, you and your lawyer must be able to prove liability. A personal injury lawyer can conduct a thorough investigation of where and how the accident occurred and help you understand how the laws apply to your case.

One of the key features of liability under Texas stock laws is whether the owner “knowingly” allowed the animal to roam outside of their fence. As explained by the Texas Farm Bureau, a landowner knowingly allows their livestock to graze the roadway if:

• They were aware that their fences would not withstand rainfall but took no action to reinforce the fences and protect others from the risk of getting into an accident involving their cattle.
• They knew that their cattle had previously escaped from the fences due to damage to the fence.
• The owner had been previously informed by law enforcement that their cattle were roaming on the roadway but did not make an effort to determine how the cattle were escaping the area.
• The owner was negligent in the inspection and repair of their fences.

In addition to investigating the accident to determine liability, a personal injury lawyer can also examine the insurance resources held by the at-fault animal owner that can compensate the claim. The most common insurance resource in this type of claim is the animal owner’s property liability insurance policy, which covers damage to others that was incurred due to the landowner’s negligence in maintaining their fences.

Other Services a Lawyer Can Provide to Help You Seek Compensation for Your Injuries

An experienced personal injury lawyer can handle all aspects of a claim involving a liable property owner. This includes establishing a value to the claim, communicating with the insurance provider about the claim and negotiating a settlement, filing a personal injury lawsuit, and even representing the case in court, if necessary.

Individuals who have been injured in accidents caused by an animal owner’s negligence can obtain the services of an experienced personal injury lawyer regardless of their ability to pay for the lawyer’s time. Most Texas personal injury lawyers work on a contingent fee basis, which means they do not require their clients to make an upfront investment (retainer) to hire them or pay an hourly fee when their legal team works on their case. Instead, they are paid a percentage of the settlement or award they garner for the claimant at the end of the process.

Injured in an Accident Involving Livestock? Dale R. Rose Can Help

When an accident involving livestock occurs, there is a significant risk of the vehicle’s occupants being injured or even killed. Attorney Dale R. Rose understands the difficulties that accompany such injuries and is committed to fighting for the compensation that the injured and their families need.

Let us help you understand liability in your roaming cattle or livestock case. For your free case evaluation, contact us by calling (972) 634-ROSE (7673) or sending us a message through our contact form.