What is Considered Reckless Driving in Texas?

Vehicle accidents occur all the time in Texas, and there are many different causes of these accidents. In many cases, a simple driver error can lead to a crash. However, there are times when drivers are considered reckless. Texas law has actually defined “reckless driving.” We want to take some time here to discuss how reckless driving is defined as well as the dangers, propensity to increase car accidents and penalties associated with this type of driving behavior.

Defining Reckless Driving in Texas

Texas law provides a vague definition of what is considered to be reckless driving in the state. When we turn to Texas Transportation Code § 545.401, we can see that the law specifically says that “A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.”When we look at this definition, we can see how it can be broadly applied by law enforcement officials when they seek to cite someone for a driving offense. There are various types of driving behavior that are often considered “reckless,” and this can include the following:

• Speeding

• Driving while intoxicated by alcohol or drugs

• Texting while driving (or other distracted driving behaviors)

• Passing a stopped school bus

• Running stop signs or red lights

• Failing to yield the right of way

• Racing with other vehicles

• Evading law enforcement

What Penalties Are Associated with a Reckless Driver?

When a person violates the reckless driving laws in Texas, this will be considered a misdemeanor offense. Those convicted of reckless driving may face the following punishments:

• A fine of up to $200

• Up to 30 days in county jail

• Or both penalties

Additionally, a person convicted of a misdemeanor offense in Texas will have a permanent record of the conviction. This could impact their ability to secure employment, find suitable housing, and attend school. A misdemeanor driving offense will particularly impact any job that requires a person to operate a vehicle regularly.

How Can Reckless Driving Impact a Personal Injury or Auto Accident Case?

A reckless driving offense could have a significant impact on a personal injury lawsuit. In general, any person injured in an auto accident will need to prove the liability of the other party to recover compensation. Determining liability can be difficult, but that is not necessarily the case if the other driver is cited for reckless driving.  If a person sustains an injury in an accident caused by someone cited for reckless driving, this could be used against the at-fault driver to prove liability. In these cases, negligence per se will apply to cases where a person’s violation of the law caused the injury. Negligence per se applies to reckless driving cases, so an injury victim will not have to worry about proving every single element of negligence. In these cases, they will only need to prove the following to recover compensation:

• That the defendant violated the law (reckless driving citation)

• The intent of the law question prevents injuries that would have occurred anyway

• The injury victim is within a class of people that the law was intended to protect

Those injured due to the actions of a reckless driver may be entitled to various types of compensation. This can include coverage of their medical bills, lost income, property damage expenses, pain and suffering damages, general out-of-pocket expenses, and more.

Is It Legal to Lane Split in Texas?

Lane splitting may not be a term that many non-motorcyclists are familiar with, but this is a popular practice in some areas throughout the country and here in Texas. If you have ever seen a motorcycle ride in between two lanes of traffic they are heading in the same direction, then you have seen a motorcyclist lane splitting. However, we want to discuss whether or not lane splitting is legal in Texas. Here, we will further define lane splitting, its dangers, and the legalities behind these actions.

What is Lane Splitting?

Lane splitting is a controversial practice of motorcyclists traveling between two lanes of vehicles that are moving in the same direction. When lane splitting, the motorcyclist will travel between the vehicles while riding on the center dotted line. In many cases, motorcyclists do this when traffic is moving very slowly or stopped at a stoplight. There have long been advocates for motorcyclist lane splitting, and a study from U.C. Berkley actually indicates that lane splitting increases motorcyclist safety, and can reduce motorcycle accidents, by decreasing the chance that the cyclist will be rear-ended in stop and go traffic. The research indicates that lane splitting is generally safe when it happens in traffic moving slower than 50 mph so long as the motorcyclist does not operate 15 mph faster than surrounding traffic.However, lane splitting is not legal in Texas. The only state where lane splitting for motorcyclists is permitted in the United States is California.

What Are the Penalties for Splitting Lanes in Texas?

Motorcyclists can be pulled over and ticketed for lane splitting in Texas. Motorcyclists who are stopped by law enforcement officials could face a citation and a fine of up to $175.Additionally, it is crucial to understand that motorcyclists face other risks aside from possible citations and fines. Some of the potential hazards that motorcyclists face when they participate in lane splitting include:

• Car doors opening

• Hands or objects coming out of car windows

• Vehicles turning unexpectedly

• Vehicles changing lanes unexpectedly

Can Motorcyclists Ride Side by Side?

Yes, Texas law does allow two motorcyclists to share a lane when they are moving in the same direction. You will often hear this referred to as motorcyclists riding “two abreast.” In group rides, it is not uncommon to see many motorcyclists riding side by side in the same lane.

Motorcycle Accidents Affect Texans

Motorcyclists face significant risks on the roadways in and around Texas. Motorcyclists do not have the same level of protection that those inside vehicles do, and even a seemingly minor crash can result in severe injuries. Lane splitting accidents could result in severe injuries for a motorcyclist as well. It is not uncommon for a motorcycle crash in Texas to result in the following injuries for victims:

• Broken and dislocated bones

• Traumatic brain injuries

• Concussions

• Open head wounds

• Spinal cord trauma with paralysis

• Other severe back and neck injury

• Internal organ damage

• Internal bleeding

• Lacerations and road rash

• Significant scarring and disfigurement

• Emotional and psychological trauma

Injured motorcyclists may be entitled to various types of compensation in the event they are injured due to the careless or negligent actions of another driver on the roadway. This can include compensation for their medical bills, lost income, out-of-pocket expenses, pain and suffering damages, and more.

Are Motorcyclists Required to Wear Helmets in Texas?

Numerous motorcyclists reside in Texas or visit the state regularly. However, motorcyclists are particularly vulnerable in motorcycle accidents involving other passenger vehicles. While it is generally understood that helmets save lives in the event a motorcyclist is involved in a crash, motorcycle helmet laws are not mandatory in every state throughout the country. The Texas law requires that any motorcyclist under the age of 21 wear a helmet. However, those 21 years of age or older are not required to wear a helmet if they:

• Have completed a motorcycle operator safety and training course, OR

• They are covered by a health insurance policy that provides medical benefits for injuries resulting from a motorcycle accident while riding or operating a motorcycle.

What Are the Benefits of Wearing a Motorcycle Helmet?

According to the U.S. Centers for Disease Control and Prevention (CDC), motorcycle helmets save nearly 2,000 lives annually. The CDC estimates that if all motorcyclists wore helmets, more than 800 lives could have been saved during a recent reporting year. Further, the CDC says that helmets reduce the risk of motorcyclist fatalities by 37%, and they reduce the risk of a head injury by 69%. Additionally, a motorcycle helmet is not only beneficial in the event a collision occurs, but a helmet can also help deflect roadway debris and other objects from striking a person in the head, face, or neck. Loose debris on the roadway is often sent flying in the direction of a motorcyclist by the wheels of other vehicles. As many motorcyclists in Texas are aware, the state is home to some giant insects. When a motorcyclist is operating at a higher rate of speed, an impact from a large insect can have several negative consequences. The severity of impacts with roadway debris or insects can be lessened by wearing a helmet.

What Are Possible Injuries From Not Wearing a Motorcycle Helmet?

According to data provided by the Texas Department of Transportation, there were 410 motorcyclist fatalities reported during the latest reporting year across the state. The DOT says that 45% of motorcyclists killed were not wearing a helmet at the time of the collision. However, many motorcyclists involved in accidents were not killed. Unfortunately, those who do not wear a helmet are much more likely to sustain significant injuries in the event a collision occurs. This includes serious open head wounds as well as severe traumatic brain injuries. Traumatic brain injury survivors often face significant long-term disabilities caused by the personal injury, including complete or partial paralysis, decreased cognitive function, an inability to control emotions, and more. The most common excuses that motorcyclists claim for not wearing helmets are that helmets impair their vision and/or are uncomfortable. When it comes to protecting yourself and ensuring that you get back to your loved ones each day, the benefits of wearing a helmet while riding a motorcycle far outweigh any negatives.

Most Commonly Broken Texas Traffic Laws

Traffic laws are in place for a reason – they ensure that everyone operates their vehicle safely and responsibly. Unfortunately, there are times when careless drivers get behind the wheel of a car, violate traffic laws, and cause accidents that result in severe personal injury cases. Very rarely do vehicle accidents occur without a traffic law violation having occurred first. Here, we want to discuss some of the most commonly broken traffic state laws in Texas.

Running a Red Light

Running a red light is a serious violation in Texas. However, this is one of the most common tickets involving a moving violation. In Texas, running a red light could result in a $200 fine. If a driver is caught on camera running a red light, the fine is around $75.

Using a Phone

According to data available from the Texas Department of Transportation, approximately one out of every five accidents involves distracted drivers. In Texas, it is illegal to use a wireless communication device for electronic messaging while operating a motor vehicle. This includes texting as well as reading or writing emails. However, many drivers still use cell phones while they are behind the wheel.

Not Wearing a Seat Belt

Drivers are required by Texas law to wear a seatbelt when operating their vehicles. Drivers can face fines of up to $200 if they are pulled over and not wearing a seat belt.

Driving Under the Influence

Driving under the influence of alcohol or drugs is incredibly dangerous, and Texas prohibits people from driving with a blood alcohol concentration of .08 percent or higher. For commercial vehicles, drivers must not operate with a blood alcohol concentration above 0.04%.

Driving Without a License

It is vital the drivers operate only if they have a valid driver’s license. Drivers who operate without a license could face significant fees and even jail time.

Driving Without Insurance

Every driver in Texas is required to have valid insurance, and operating without auto insurance can result in a fine of up to $350. Additionally, drivers in Texas may face full financial responsibility if they cause an accident without insurance.

Speeding

Speeding is one of the most common traffic violations, and this non-defensive driving behavior can lead to serious accidents. Every driver must understand the importance of posted speed limits for the roadway they are on.

Headlight Violations

In Texas, drivers must use their headlights at night and when visibility is less than 1,000 feet in front of the vehicle. A common rule of thumb is that drivers should also turn their headlights on 30 minutes before sunrise and 30 minutes before sunset.

U-Turns

The laws regarding U-turns in Texas are pretty minimal. Texas traffic laws indicate that a person can only make a U-turn if they can clearly see at least 500 feet both in front of and behind them. However, drivers also need to be aware that there may be places where U-turns are prohibited, and this will be indicated by signage. According to the Texas DOT, there were more than 256,000 total traffic collision injuries and more than 3,610 traffic collision fatalities during the latest reporting year across the state. All drivers must comply with Texas traffic laws. Failing to do so almost always results in an accident occurring.

Does Medicare Cover Car Accident Injuries?

Car accidents often leave passengers and drivers with injuries that require medical care. It is not uncommon to encounter car accidents in and around our area. During the latest reporting period in Texas, there were approximately 250,000 people injured and 3,639 fatalities caused by car accidents, according to the Texas Department of Transportation. One of the most common questions asked following these incidents is whether Medicare or Medicaid can be used to cover medical bills.

How does this coverage work?

In most cases, car accident settlements are handled through the auto insurance carriers of the parties involved in the accident. However, auto insurance carriers can be notoriously difficult to deal with, even if you were not at fault for the car accident. It may take some time for the insurance carrier to make a settlement offer on an insurance claim, and the initial settlement may be entirely too low to accept. Unfortunately, a delay in a car accident insurance settlement is not going to stop medical bills from coming in. Victims who have been harmed in a car accident need a way to pay for their medical treatment in the interim before a final settlement. A Medicare recipient should speak to a lawyer to handle all interactions with a Medicare Coordination of Benefits (BOC) contractor. These interactions typically include written correspondence regarding the accident, as well as all the medical care you have received related to the accident injuries. An attorney will ensure that all of this correspondence and communication is conducted appropriately to ensure you receive the compensation you are entitled to.

Paying back Medicare

After you report your accident to Medicare, they will continue to monitor your case. That is because you will still be likely to receive an insurance settlement for your claim. If you have to file a personal injury lawsuit against the at-fault party in the accident, you may receive an out-of-court settlement or a jury verdict for your injuries and other damages. Medicare will expect reimbursement for what they have already paid you for your accident injuries once you receive a settlement or jury verdict. The COB working with your case will regularly contact you or your attorney for information about the progress of your claim. When your case is settled, your lawyer will need to notify the COB contractor to let them know about the settlement and begin the process of reimbursing Medicare. Again, you should have a Texas car accident attorney assisting you with this, as dealing with the COB contractor can be challenging. The COB contractor will usually send a statement detailing all of the medical bills that Medicare has paid when they learn you have received a settlement for your case. Your personal injury lawyer will want to ensure that this information is correct, and they will negotiate with Medicare to ensure that you are not going to be reimbursed more money than you should. Medicare will place a lien on your settlement, which means that they have the right to recover the portion of the money that they spent on your medical expenses. If there is a dispute between the amount Medicare claims to have paid and what your records indicate or what you actually spent on medical costs, the settlement money could be held until the issue is resolved.