San Antonio Motorcycle Accident Lawyer: Protecting Your Rights After a Crash

san antonio motorcycle accident lawyer

Introduction

San Antonio, Texas, is a major metropolitan area with a significant number of motorcycle riders. Unfortunately, the city also has a high rate of motorcycle accidents. If you have been injured in a motorcycle accident in San Antonio, it is important to speak to an experienced motorcycle accident lawyer who can help you get the compensation you deserve.

Motorcycle accidents can be caused by a variety of factors, including:

  • Negligent drivers
  • Road hazards
  • Defective motorcycles

If you have been injured in a motorcycle accident, it is important to contact a lawyer as soon as possible. A lawyer can help you:

  • File a claim with the insurance company
  • Negotiate a settlement
  • Go to trial, if necessary

Compensation for Motorcycle Accident Victims

If you have been injured in a motorcycle accident, you may be entitled to compensation for your injuries. This compensation can include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress

The amount of compensation you are entitled to will depend on the severity of your injuries and the circumstances of the accident.

Legal Framework

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Texas law provides a comprehensive legal framework governing motorcycle accidents. The relevant statutes and case law establish the legal duties and responsibilities of drivers and motorcyclists, ensuring fair compensation for victims of motorcycle accidents.

Statutory Framework

The Texas Transportation Code (TTC) Artikels the specific legal requirements for drivers and motorcyclists. TTC ยง 550.021 imposes a duty of care on all drivers to operate their vehicles in a reasonably prudent manner. This duty extends to motorcyclists, who are required to obey the same traffic laws as other drivers.

Case Law

Texas courts have further clarified the legal framework governing motorcycle accidents through case law. In Moore v. Lillegraven, the Texas Supreme Court held that motorcyclists are entitled to the same legal protections as other drivers. This decision affirmed the principle of equal treatment under the law, ensuring that motorcyclists have the same rights and remedies as other road users.

Legal Duties and Responsibilities

The legal framework governing motorcycle accidents imposes specific duties and responsibilities on both drivers and motorcyclists.

Drivers have a duty to:

* Exercise reasonable care while operating their vehicles
* Be aware of motorcyclists and other vulnerable road users
* Yield the right-of-way to motorcyclists when appropriate
* Avoid making sudden or unsafe lane changes

Motorcyclists have a duty to:

* Obey all traffic laws
* Wear a helmet
* Use turn signals and other safety equipment
* Ride defensively and be aware of potential hazards

Types of Motorcycle Accidents

accident

Motorcyclists in San Antonio face a higher risk of accidents due to their increased vulnerability on the road. Understanding the common types of motorcycle accidents can help riders take precautions and protect themselves.

Some of the most prevalent types of motorcycle accidents include:

Rear-end Collisions

  • Occur when a vehicle crashes into the back of a motorcycle.
  • Often caused by distracted driving, tailgating, or sudden stops.

Intersection Accidents

  • Take place at intersections when a vehicle fails to yield to a motorcycle.
  • Can be caused by obstructed views, poor visibility, or aggressive driving.

Lane-Splitting Incidents

  • Involve a motorcycle riding between lanes of traffic, which is legal in some states.
  • Can be hazardous due to close proximity to other vehicles and potential for sudden lane changes.

Common Injuries

Motorcyclists are particularly vulnerable to injuries in accidents due to the lack of protection offered by their vehicles. The most common injuries sustained by motorcyclists include:

  • Head injuries, including traumatic brain injuries (TBIs)
  • Neck and spinal cord injuries
  • Road rash
  • Broken bones
  • Amputations

These injuries can range in severity from minor to life-threatening. Head injuries are particularly concerning, as they can lead to long-term cognitive and physical impairments. Neck and spinal cord injuries can result in paralysis or other serious disabilities. Road rash is a painful abrasion that can become infected if not treated properly. Broken bones can take weeks or months to heal, and amputations can result in permanent disability.

Head Injuries

Head injuries are the leading cause of death in motorcycle accidents. TBIs can occur when the head is struck by a hard object, such as the pavement or another vehicle. TBIs can range in severity from mild concussions to severe injuries that can result in permanent brain damage or death.

Neck and Spinal Cord Injuries

Neck and spinal cord injuries are also common in motorcycle accidents. These injuries can occur when the neck or back is twisted or compressed, such as when a motorcyclist is thrown from their bike. Neck and spinal cord injuries can range in severity from minor strains to severe injuries that can result in paralysis or other serious disabilities.

Road Rash

Road rash is a painful abrasion that occurs when the skin is scraped against a rough surface, such as the pavement. Road rash can range in severity from minor scrapes to deep wounds that require medical attention. Road rash can become infected if not treated properly, so it is important to seek medical attention for any road rash injuries.

Broken Bones

Broken bones are also common in motorcycle accidents. These injuries can occur when a motorcyclist is thrown from their bike or when their bike is struck by another vehicle. Broken bones can range in severity from minor fractures to severe breaks that require surgery. Broken bones can take weeks or months to heal, and they can cause significant pain and discomfort.

Amputations

Amputations are the most severe type of injury that a motorcyclist can sustain. These injuries occur when a limb is severed from the body. Amputations can be caused by a variety of factors, such as being struck by another vehicle or being thrown from a bike. Amputations can result in permanent disability and can have a significant impact on a motorcyclist’s life.

Determining Liability

Determining liability in motorcycle accidents is a complex process that involves several factors. These factors include negligence, comparative fault, and insurance coverage.

Negligence refers to the failure to exercise reasonable care, which results in harm to another person. In motorcycle accidents, negligence can be on the part of the driver of the motorcycle, the driver of the other vehicle, or both parties. For example, if a motorcyclist is speeding and fails to yield at an intersection, and a car driver fails to see the motorcyclist and turns in front of them, both parties may be found negligent.

Comparative fault is a legal doctrine that allows for the apportionment of fault between multiple parties. In motorcycle accidents, comparative fault can be used to reduce the amount of damages awarded to the injured party. For example, if a motorcyclist is found to be 20% at fault for an accident, their damages may be reduced by 20%.

Insurance coverage is another important factor to consider in motorcycle accidents. Most states require drivers to carry liability insurance, which provides coverage for damages caused to other people or property. In some cases, an injured motorcyclist may be able to recover damages from the at-fault driver’s insurance company.

Role of Negligence

Negligence is the most common basis for liability in motorcycle accidents. To establish negligence, the plaintiff must prove that the defendant:

  • Owed a duty of care to the plaintiff.
  • Breached that duty of care.
  • The breach of duty caused the plaintiff’s injuries.
  • The plaintiff suffered damages as a result of the injuries.

In motorcycle accidents, the duty of care is typically based on the rules of the road. For example, drivers are required to obey traffic laws, drive at a reasonable speed, and yield to other vehicles. A breach of duty can occur when a driver violates one of these rules. For example, if a driver runs a red light and causes an accident, they may be found negligent.

Role of Comparative Fault

Comparative fault is a legal doctrine that allows for the apportionment of fault between multiple parties. In motorcycle accidents, comparative fault can be used to reduce the amount of damages awarded to the injured party. For example, if a motorcyclist is found to be 20% at fault for an accident, their damages may be reduced by 20%.

Comparative fault is based on the idea that both parties may be responsible for causing an accident. The jury will determine the percentage of fault attributable to each party. The plaintiff’s damages will then be reduced by the percentage of fault that they are found to have contributed to the accident.

Role of Insurance Coverage

Insurance coverage is another important factor to consider in motorcycle accidents. Most states require drivers to carry liability insurance, which provides coverage for damages caused to other people or property. In some cases, an injured motorcyclist may be able to recover damages from the at-fault driver’s insurance company.

The amount of insurance coverage available will vary depending on the policy. Some policies may have a limit on the amount of coverage that is available. It is important to check with your insurance company to determine the amount of coverage that you have.

Legal Representation

If you have been involved in a motorcycle accident, it is important to consider hiring a qualified motorcycle accident lawyer in San Antonio. An experienced attorney can help you navigate the legal process, protect your rights, and maximize your compensation.

A motorcycle accident lawyer can provide several benefits, including:

  • Investigating the accident and gathering evidence to support your claim.
  • Negotiating with insurance companies on your behalf to ensure you receive fair compensation.
  • Representing you in court if necessary to protect your rights and interests.

Role of a Lawyer in Investigating the Accident

A motorcycle accident lawyer will thoroughly investigate the accident to determine the cause and identify all liable parties. This may involve:

  • Reviewing police reports and witness statements.
  • Examining the accident scene and taking photographs.
  • Consulting with accident reconstruction experts.
  • Obtaining medical records and other relevant documentation.

Selecting a Lawyer

san antonio motorcycle accident lawyer

Selecting a qualified motorcycle accident lawyer is crucial for maximizing your compensation and protecting your rights. Consider the following factors:

Experience and Reputation

Choose a lawyer who specializes in motorcycle accidents and has a proven track record of success. Check their website, online reviews, and ask for referrals from previous clients.

Fees

Understand the lawyer’s fee structure, including contingency fees, hourly rates, and any additional costs. Ensure you are comfortable with the arrangement and that it aligns with your financial situation.

Communication and Accessibility

Select a lawyer who is responsive, communicative, and accessible. They should keep you informed about your case and be available to answer your questions promptly.

Personality and Rapport

Choose a lawyer with whom you feel comfortable and can establish a positive working relationship. Trust and open communication are essential for a successful attorney-client partnership.

Case Studies

To demonstrate the effectiveness of legal representation in motorcycle accident cases, let’s examine successful case studies handled by experienced lawyers in San Antonio.

These case studies highlight the complexities of motorcycle accident litigation, the legal strategies employed, and the positive outcomes achieved for victims.

Successful Case Study 1

In a case involving a rear-end collision between a motorcycle and a passenger vehicle, the motorcyclist sustained severe injuries, including a broken leg and multiple lacerations.

The lawyer representing the motorcyclist argued that the driver of the passenger vehicle was negligent for failing to maintain a safe following distance and failing to yield the right of way.

After a thorough investigation and negotiation process, the lawyer was able to secure a substantial settlement for the motorcyclist, covering medical expenses, lost wages, and pain and suffering.

Successful Case Study 2

In another case, a motorcyclist was struck by a distracted driver while making a left turn.

The motorcyclist suffered a traumatic brain injury and multiple fractures, requiring extensive medical treatment and rehabilitation.

The lawyer representing the motorcyclist presented evidence of the driver’s negligence, including witness testimony and video surveillance footage.

The case went to trial, and the jury awarded the motorcyclist a significant verdict, compensating him for his injuries, lost income, and future medical expenses.

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