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Monthly Archives: June 2016
motorcycle in city traffic, personal injury attorney McAllen, motorcycle accident lawyer

Common Injuries in Motorcycle Accidents in Texas and How to Prevent Them

By | Motorcycle Accidents, Personal Injury | No Comments

Motorcycles offer little protection, so motorcyclists need to learn to drive defensively and constantly be aware of their surroundings in order to protect themselves on the road. Unfortunately, no matter how careful motorcyclists are, accidents can and do still occur.

On average, according to the Texas Department of Transportation (TXDOT), a motorcyclist dies in a road accident in Texas every day. Furthermore, the Insurance Information Institute states that in 2013, motorcyclists were more likely (26 times more) to be in fatal crash per vehicle mile than car passengers, and five times more likely to sustain injuries.

What Type of Injuries are the Most Common?

Motorcycle crashes may occur less frequently than car accidents, but there is definitely an argument that the injuries sustained on a motorcycle can be more devastating than in a car, due to the general lack of protection offered. What are the most common types of injuries motorcyclists are at risk of?

  1. Head Injuries

According to TXDOT, in 51.6% of motorcyclist fatalities and in 46.3% of incapacitating injuries, motorcyclists were not wearing helmets. These are particularly concerning, due to the fact that the skull houses one of the most important organs of the body. Head injuries can range from minor concussion to brain damage, and brain damage can be fatal. An injury to the neck can also paralyze and potentially kill as well.

In order to avoid such injuries, a helmet should be warn at all times when on a motorcycle – passengers included. A helmet can mean the difference between life and death.

  1. Leg Injuries

Leg injuries include the feet, knees and hips. Although these injuries are less likely to result in death, they can be permanently disabling. According to a report by the National Highway Traffic Safety Administration (NHTSA), some of the most common leg injuries in motorcycle accidents included:

  • Tibia Fractures
  • Pelvic Fractures
  • Hip Dislocations and more.

Not much can be done to protect the lower extremities from injuries sustained in a motorcycle accident, but wearing protective leather clothing such as long pants and motorcycle boots can help prevent some injuries.

  1. Hand and Wrist Injuries

A report by the NHTSA also stated that these injuries account for approximately 40% of motorcycle injuries. Human instinct causes motorcyclists to try and lessen the impact of their fall by putting their hands out when thrown off their motorcycle. Elbow pads, gloves, and leather jackets can come in handy to help break a fall.

Personal Injury Attorney McAllen

Motorcycle accidents can cause serious injuries. If another party is directly or indirectly responsible for another’s injuries, the injured motorcyclist is going to need a personal injury attorney to help them navigate the legalities of the case. McAllen personal injury lawyer, Tijerina Legal Group P.C. is located in McAllen and Brownsville, Texas and is well-versed in personal injury law related to motorcycle accidents. Contact us for a free consultation and tell us about your situation and the details surrounding your motorcycle injury.

man texting while driving, auto accident attorney McAllen TX

Auto Accidents and Texting While Driving: Is it illegal in Texas?

By | Auto Accidents, Personal Injury | No Comments

A vehicle collision with another vehicle, pedestrian, animal, or stationary object such as a tree, is deemed an auto accident. There are a number of factors that can cause or contribute to these accidents including speed and driver skill. However, the most dangerous form of driver distraction is probably texting while driving. As a McAllen personal injury attorney, we see the consequences of distracted driving and have outlined some details below that you should know about texting while driving.

What is Distracted Driving?

An activity that could sidetrack someone’s attention from the main task of driving, such as texting while driving, is distracted driving.

Is Distracted Driving Illegal in Texas?

Technically, Texas does not have a state-wide law prohibiting the use of cell phones while driving. However, more than 60 cities in Texas – including Austin, San Antonio, Brownsville, and McAllen – have banned the use of handheld devices while driving.

As a state, Texas prohibits the use of handheld devices in school zones, and also prohibits school bus drivers from using handheld device while driving. The unfortunate part is that this law only applies to a particular group of drivers, even though driving and texting at the same time affects everyone on the road. Other Texas-wide laws regarding distracted driving include:

  • During the first six months of driving, it is illegal for drivers with learners’ permits to use handheld cell phones while driving
  • It is illegal for drivers under the age of 18 to use wireless communication devices while driving

Potential Fines

Depending on the city, fines for simultaneously driving and texting range anywhere from $200 to $500, and are applicable to the following cell phone ordinances:

  • Ban on driving while texting
  • Ban on using wireless communications devices while driving
  • Ban on manual usage of wireless communication devices and ban on texting while driving

Texting while driving is particularly dangerous because it requires the driver’s full attention – manual, visual, and cognitive. It’s considered very dangerous throughout the United States, which is why many States and cities such as Brownsville and McAllen have laws in place against it. If you are a victim of an auto accident caused by another person texting while driving, you already have a strong case.

Contact Tijerina Legal Group P.C. today for a free consultation with an experienced McAllen personal injury attorney.