Summer is here, and that means more motorcycles on the roads. From local Texans to tourists visiting our state, there can numerous bike riders sharing the road with other motorists on any given day of the week.

In Texas, summer weather can range from hot humid days to torrential thunderstorms with heavy downpours. As you are out enjoying your motorcycle this summer, it is worth your time to review proper motorcycle safety for all weather conditions. Doing so could prevent you from getting into a serious, injury-causing accident.

Even if you do not operate a motorcycle, our vehicle accident law firm strongly urges you to still review these safety tips. By understanding the challenges facing motorcyclists, you can take preventative measures and do your part in keeping our roads safer for everyone.

Review All Motorcycle Laws

Before taking your bike out for the first time this season, do a review of current motorcycle laws. The laws may have changed since the last time you were on the road. It is your responsibility to keep up with all current laws.

Perform Maintenance on Your Motorcycle

You should make sure your motorcycle is well-maintained. If it’s been sitting in the garage since last summer, you will want to give it a tune-up. Make sure all systems are working correctly and there are no operational issues. Verify that all safety features and devices, like the braking system, are functioning. If you discover any problems, fix them before putting the bike on the road.

Update Your Tags and Insurance

If your plates need to be renewed, get a new tag so your bike is legal. It is also recommended to call your insurance agent for a quick review of your motorcycle insurance. Sometimes you may want to update your policy to ensure you and others are protected in the event of an accident.

Take a Motorcycle Safety Course

It never hurts to get a refresher on motorcycle safety. Check in your local area to find out what courses are available. Sometimes completing a basic motorcycle safety and operator improvement course could qualify you for a discount on your motorcycle insurance.

Driving in Hot Humid Weather

The hot Texas summers can make it feel like a sauna when outdoors riding your motorcycle. You can easily get overheated from the motorcycle protective gear you wear to protect your body. While it can be tempting to forgo jeans and shoes and opt for shorts and flip flops, don’t.

Shorts leave a large part of your legs exposed. Debris from the road could get kicked up and injure your legs. Not to mention, when you stop, if you accidentally touch a part of the bike that has been in the hot sun, it could cause serious burns.

Flip flops are never a good idea, as they can get stuck on the bike and make it difficult to operate. You can also burn your toes and feet on exposed areas that touch the hot pavement whenever you come to a stop. It is better to pack your shorts and flip flops and change once you safely arrive at your destination.

To help keep yourself cool, make sure to have access to plenty of water. It also helps to have a dry cloth easily accessible to wipe the sweat off your face. You should wear a helmet with a visor to block out the sunlight. If you forgo wearing a helmet, at least wear a baseball-style hat with a brim.

Sunglasses or a tinted visor on a helmet can help block out bright sunlight so you can see clearly. In addition, remember to apply sunscreen to any exposed skin to protect it from burning.

Driving in Hot Dry Weather

Hot dry weather is still plenty hot in Texas. Even though there is less humidity, riding on your bike can feel like you are driving through the inside of an oven. You should follow the same gear and clothing prevention mentioned for humid weather.

For both hot humid and hot dry weather, there are cooling packs you can wear under your motorcycle gear to help keep you cool. Some cooling packs even plug into a USB or electrical outlet on your bike to maintain their cooling effect.

If you start to feel dizzy, nauseous, or light-headed, stop driving your motorcycle. These are common symptoms of heat exhaustion, which can lead to heat stroke. Your body is overheating, and you need to find a cool area indoors where you can rehydrate and rest.

Driving in Windy Dry Weather

Windy weather when it has been dry for a while can make driving more challenging. From small breezes to gusts, you can experience problems keeping your bike balanced. If the winds become too strong, you may overcompensate and find yourself sliding across the pavement. It is better to find a safe location and wait for the winds to die down if they become too strong.

To protect your face and head from dust, dirt, and other debris that gets blown around, wear a helmet with a protective visor. If your helmet doesn’t have a visor, make sure to wear sunglasses or other protective eyewear.

Driving in Rainy Weather

Rain showers can pop up unexpectedly during the summer. Sometimes they last just a few minutes and, other times, several hours. Make sure to pack rain gear and take it with you even on sunny days just to be safe.

If it starts raining, slow down and take your time. Make sure your headlights and taillights are working and turned on. You want to make sure other motorists can easily see you. If it starts downpouring, it can be better to find an overpass or parking garage to wait until the rain slows down or stops.

It is important to pay careful attention to road conditions. After a long dry spell, oil, dirt, and other debris will have stuck to the pavement. Once it gets wet, these things can cause roads to become very slick and slippery, almost like they were frozen over with ice.

Thunderstorms

If it starts thundering and lightning out while on your motorcycle, find a safe area where you can wait out the storm. Even though your bike may be grounded with its tires, similar to a car, you are not. The last thing you want is to be struck by lightning.

Windy Rainy Weather

Windy and rainy weather can make it very difficult to see and maintain control over your motorcycle. Not only do you have to compensate for the winds to keep your balance but also for wet roads that could be slippery.

Slow down and take your time getting to your destination. If it becomes too much to drive safely, pull over and wait for conditions to improve.

What to Do if You Are in a Motorcycle Accident

If you are able, call 911 and seek medical treatment. Since you are more exposed than a car, there is a good chance you will be seriously injured and not able to move around. If you are conscious, ask someone to get the name of any witnesses and take pictures for you. You can have them text you the contact details and pictures, as you may need these later.

Once you are able, you will want to contact a motorcycle injury attorney before calling your insurance company. Your attorney will provide you with sound legal advice, help you understand what rights you have, and explain the potential amount of compensation you could qualify for during a free consultation.

Why Can’t I Just Deal with the Insurance Company on My Own?

For minor accidents with minimal injuries, there may be no reason to retain and hire a motorcycle accident attorney. However, you should still consult with one before deciding to file your claim and deal with the insurance company on your own.

The thing you need to remember is that insurance companies have teams of lawyers they consult with anytime someone submits a claim involving personal injuries. The insurance company’s goal is to get you to settle for the least amount possible, even when you are entitled to a much larger amount.

Since you are not a lawyer, you may not be aware of the limits established by personal injury motorcycle accident laws. Your injury attorney, on the other hand, is aware of these laws. As a result, they are better equipped to negotiate a fair and reasonable settlement with the insurance company on your behalf.

To illustrate, let’s assume you are involved in a minor motorcycle accident. You experience a broken wrist, arm, and leg. You also have several scrapes, cuts, and bruises. Your motorcycle is smashed up and needs to be repaired. Due to your injuries, you will need to be off work for two weeks while you recover.

You file the claim with your insurance company. Their settlement offer is to pay all of your medical bills incurred for treating your accident injuries. They offer money to repair your bike minus your deductible. They offer to reimburse you for the two weeks of lost wages. You might think this sounds like a fair settlement offer and accept the $15,000 they are offering.

For our argument, let’s assume you consulted with a motorcycle injury attorney after your accident. By retaining the services of a qualified injury lawyer, you discovered you are entitled to $150,000. Even after the lawyer takes their cut of the settlement, you are left with a lot more money than you would have received on your own.

As you can see, having a motorcycle wreck lawyer on your side can make a huge difference. If you have been involved in a motorcycle accident, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713-574-5089 for a free consultation today!

DISCLAIMER: The monetary figures used are for illustrative purposes only and should not be construed as actual amounts you could receive for your injuries.

Splitting lanes or lane splitting with motorcycles is a concept that can be beneficial. However, at the same time, there are serious, dangerous risks of increased motorcycle accidents. Lane splitting requires other motorists to share the space in the lane with motorcyclists.

As you can imagine, this can be problematic for everyone on the road. For instance, you are sitting in bumper-to-bumper traffic on your way to work, pick up your coffee to take a drink and a loud motorcycle flies by the side of your car. Aside from being startled and spilling hot coffee all over yourself, this practice could easily cause someone with a heart condition to have a heart attack.

Currently, the only state that has legalized motorcycle lane splitting is California. Here in Texas, the practice is illegal, even though many motorcyclists will engage in this type of driving behavior.

Why Do Bikers Split Lanes?

For motorcyclists, the reason they are in favor of lane splitting is not just to allow them to move through traffic faster. Rather, they view the practice as a means to help increase awareness of motorcyclists on the road and even promote better safety.

Many bikers are also in favor of splitting lanes because they feel it will reduce the risks of getting rear-ended in heavy traffic from distracted drivers. To support their view, a study was conducted by the University of California back in 2015.

At this time, lane splitting was not illegal and was widely allowed, even though there was no “official” law regarding it in California. The study found that lane splitting could be safe, so long as the motorcyclist was not exceeding speeds of 50 mph and not passing vehicles by more than 15 mph.

In addition, in cases of accidents, lane splitters were less likely to suffer major and fatal injuries compared to non-lane splitting bikers. Furthermore, bikers who practiced lane splitting were more likely to wear better safety gear and use helmets.¹

Why Is Lane Splitting So Controversial?

For people who drive cars, trucks, and SUVs, as well as large commercial trucks, the practice of lane splitting is viewed as very dangerous and risky. What if a car or large semi-truck changes lanes and does not see a motorcyclist flying up the side in their blind spot? The motorcyclist will get hit and injured.

Going back to the 2015 University of California study, 69 percent of bikers splitting lanes were exceeding speed limits by as much as 15 mph.¹ When bikers do not follow speed limits and lane split, the risks of accidents and injuries increase.

Even long before the study was conducted, splitting lanes has been a hot topic among motorcyclists and motorists. Motorcyclists feel it would help free up congestion during peak traffic periods, like morning and evening rush hours. Motorists feel allowing motorcyclists to whip between the lanes and vehicles would result in them feeling like they had the right of way and that they could drive at much higher speeds than necessary.

While many bikers say they would obey speed limits, special rules, and any other requirements imposed to make lane splitting legal, there are still other bikers who would ignore these entirely. If you have ever been stuck in stopped traffic on the freeway and seen bikers zip in and out of open spaces or down the shoulder, then you have to question how responsible they would be to follow lane splitting rules.

Why Is It Only Legal in the State of California?

Since splitting lanes was made legal in California in 2016, many other states have introduced bills to legalize it in their states. However, AAA and other agencies have actively worked hard to oppose the passing of splitting lane laws. In fact, the agency was responsible for defeating bills in Texas, Georgia, and Hawaii.²

According to AAA, the reason they highly oppose lane splitting is because motorists do not expect to be passed by a motorcycle traveling in between the lanes.² If drivers are startled, they could easily make operational errors, like slamming on their brakes, pushing down on the accelerator, or turning their steering wheels quickly as a “knee-jerk” reaction. All of these things would result in increased motorcycle accidents.

One important part of the University of California’s study of lane splitting which many people are surprised to discover is that, between June 2012 and August 2013, 17 percent of motorcycle accidents in California were the result of splitting lanes.¹ As you can see, just because motorcyclists are for it, this does not eliminate the risks of accidents and injuries.

Risks of Lane Splitting and Inclement Weather

Another area of controversy is the increased risks associated with inclement weather. Granted, California has pretty moderate weather compared to mid-western or even northern states where it can snow and rain can freeze. However, heavy rain showers and thunderstorms can result in more accidents from lane splitting.

If rain is coming down so hard that you can barely see in front of you, how would you react to a biker that suddenly appears next to your car? It would scare you because you would not expect it. How you react could result in causing an accident.

If Lane Splitting Is Dangerous Why Do Asian and European Countries Allow It?

One subject that many bikers use to justify lane splitting and legalizing it here in the United States is that it is allowed in many Asian and European countries, especially in highly populated cities. Yet, unlike here in the United States, where motorcycles are loud and can be distracting, many of the bikes in these countries are much smaller and quieter.

For instance, in India, bikers use mopeds, Vespas, and other “scooter” type motorcycles to get around. Since they do not give off a loud “roar” as they drive by other motorists, drivers there are not easily startled.

In addition, in these countries, the practice of lane splitting has been allowed for many years. Drivers, whether they drive a car or a bike, have received training and education that make lane splitting second nature for them. Since it has been a regular practice, motorists drive differently than in the United States and are more aware of bikers.

Furthermore, motorcyclists in European and Asian countries tend to obey and follow traffic laws better, like adhering to speed limits for lane splitting. In some places, bikers cannot exceed the speed limit of traffic. For example, if other vehicles are only moving 5 mph, then bikers also have to maintain this speed.

Alternatives to Lane Splitting

In larger cities with heavy traffic problems, lawmakers are looking at several alternatives to motorcycle lane splitting. For instance, one option is to add motorcycle-only lanes to the far left side of major highways and freeways. This way, people on motorcycles will have their own commuter lanes and not have to lane split.

Another option is allowing motorcyclists to use “carpool” or “express” lanes that normally have specific requirements or tolls for other motorists. While they would have to follow along with other traffic, bikers would essentially have a dedicated lane that would keep them out of the main traffic flow.

For downtown areas, special biker lanes are being considered with set speed limits. This way, motorcyclists could not race through downtown areas but, rather, be held to 25-mph speeds like other motorists.

Some states are even considering allowing cyclists to ride side-by-side and share the entire width of the lane. This practice could make seeing and spotting motorcyclists easier. Plus, it would keep vehicles from attempting to crowd the bikers.

Whether you are for or against motorcycle lane splitting, the important thing to remember it is illegal here in Texas. If you are a biker and cause an accident because you were splitting lanes, you could face serious consequences. Even if you do not directly cause the accident—like another driver rear-ends the car in front of them because you startled them when you rode by— you could still be held partially at fault.

If you have sustained personal injuries as a result of an accident that was caused by another, you could be entitled to monetary damages from the other party and their insurance company. To find out more about your legal rights and options of filing a personal injury accident claim, please feel free to contact Schechter, McElwee, Shaffer, & Harris, L.L.P. at 713.574.5089 to speak with one of our Houston TX auto and motorcycle accident injury lawyers today!

Sources:

1. https://www.cycleworld.com/2015/06/02/ama-study-finds-lane-splitting-increases-rider-saftey
2. https://www.huffingtonpost.com/entry/motorcycle-lane-splitting-safe-or-scary_us_5a7db7efe4b033149e401ce1