Motorcycle Accident Lawyers in San Antonio
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With its long stretches of open road and wide-ranging terrain, Texas has long been a great place to ride a motorcycle. Unfortunately, however, accidents do occur, and they happen to motorcyclists at a higher rate than passenger vehicles. To make matters worse, injuries sustained by motorcyclists are typically worse than the drivers of passenger vehicles.
If you have been injured in a motorcycle accident in San Antonio, it is important that you have an experienced attorney in your corner to make sure that you have the best shot at receiving the compensation you deserve.
YOU MAY BE ENTITLED TO COMPENSATION
What to Do After a Motorcycle Accident?
In order to preserve any possible lawsuit, it is important to complete a few key steps after an accident. These include:
1. Seek Medical Treatment
Before you do anything else, make sure your medical needs are taken care of. Assess the situation and try to determine if emergency medical attention is necessary. Remember that leaving injuries untreated can often compound them and make them more difficult to treat later.
2. File a Police Report
When the police arrive on the scene, make sure to give as thorough of a report as possible. It is difficult to determine what may become important later, so include details that may seem insignificant to you at the time.
3. Document the Accident
Try to gather any and all data that may be important later on. This includes things like the insurance information from the other drivers involved in the accident, contact information of any potential witnesses, and pictures of the vehicles involved and the surrounding area.
4. Contact an Attorney
As soon as possible after your accident, contact an attorney with experience handling motorcycle accidents. The legal process is long and complicated, and not everyone involved will have your best interests at heart. The attorneys at Zinda Law Group have the experience necessary to effectively represent your interests and to seek the best possible settlement for you.
San Antonio Motorcycle Stats
Unfortunately, motorcyclists are in a more dangerous position on the road than drivers of passenger vehicles due to the limited protection that motorcycles provide. This is reflected in the data collected by the Texas Department of Transportation, which reveals some alarming stats:
- 16% of vehicle deaths in Texas are motorcyclists, despite the fact that motorcyclists comprise a much smaller percentage of the total accidents.
- Motorcyclists are 25 times more likely to be killed in an accident and are 5 times more likely to be seriously injured than drivers of a passenger vehicle.
- The number of motorcycle accidents in Texas has increased every year for the past five years.
Making a Motorcycle Accident Claim
After you have been in a motorcycle accident, it is important to complete a few key steps when making a claim to ensure that you have the best shot at being adequately compensated.
1. Contact an Attorney
First and foremost, it is imperative that you contact an experienced San Antonio motorcycle accident attorney. The legal process is long and complicated, and the other parties involved in your claim will not have your best interests in mind. Retaining the services of an experienced attorney will make sure that your interests are protected.
2. Gather Information
Once you have hired an attorney, they can begin the process of gathering information about the accident. This includes things like reading police reports, interviewing witnesses, and gathering medical information.
3. Negotiate a Settlement
After your attorney has all of the relevant information, they can begin to negotiate a settlement. Having an experienced attorney is crucial at this step of the process because the other parties involved will try to pay you as little as possible.
Common Motorcycle Accident Causes
Motorcycle accidents come in all shapes and sizes, and the causes can range wildly. A few of the more common causes are listed here.
Unfortunately, with the rise of cell-phones, more and more people are driving while distracted by technology. This issue is compounded with motorcycles, whose smaller size means they can often be missed by other drivers.
Driving Under the Influence
Driving while under the influence of drugs or alcohol greatly reduces decision-making, and this can obviously lead to serious injury or death on the road.
Most drivers tend to speed, and it can often seem relatively harmless. However, speeding is still breaking the law and can lead to collisions with motorcycles.
Running a Red Light
All drivers are obligated to follow the rules of the road, and the failure to do so in doing things like running a stop sign or a red light can sometimes cause accidents.
Who is at Fault?
Determining fault is a crucial component of any personal injury claim. The potential sources of fault in a motorcycle accident include:
In addition to the general rules of the road, there are specific rules that apply to those traveling by motorcycle. These include things like prohibitions against lane-splitting and clinging to another vehicle. If an accident results from a motorcyclist breaking one or more of these rules, then they will typically be the ones at fault.
The Other Driver
In an accident involving another vehicle, the driver of that vehicle is the most likely source of fault if it is not the motorcyclist. As discussed previously, distracted driving, driving under the influence, or simply speeding can all cause collisions with motorcyclists sharing the road.
The City or Township
In certain cases, the city in which the accident took place may be the responsible party. If construction or a faulty light causes a collision, then that jurisdiction may bear responsibility for it.
As mentioned, no two motorcycle accidents look exactly the same. This means that the injuries suffered will not be the same. Some of the more common types of injuries include:
Motorcyclists can suffer a wide range of severe injuries from a collision. The most serious are head injuries, which can range from concussions to cracked skulls. In addition, motorcyclists typically suffer road rash from sliding across the pavement, as well as muscular injuries or broken bones.
Because they are inside a car, drivers of a passenger vehicle typically do not bear the brunt of a collision with a motorcyclist. However, swerving or sudden change of speeds can lead to whiplash or spinal cord injuries.
For kids involved in motorcycle accidents, injuries can be even more severe. Head and neck injuries can result in permanent psychological or physiological problems for children, and children are also at a higher risk of suffering from the emotional effects of an accident.
Passengers on a motorcycle can suffer the same injuries as the motorcyclist. In addition, a passenger on a motorcycle adds an added element of complexity to any personal injury suit.
Scooters are gaining popularity as an alternative mode of transportation. However, their small size means they are not as quickly identified by car drivers, and they can suffer the same injuries as motorcyclists if they are involved in an accident.
Cyclists share many of the same risks as scooter drivers and motorcyclists—accidents can result in head and neck injuries, as well as road rash and broken bones.
San Antonio Motorcycle Laws
Just like any other vehicle, motorcycles have to obey the general rules of the road. However, there are some additional laws that apply only to motorcyclists in Texas. With some exceptions, motorcyclists and motorcycle passengers are required to wear a helmet. While no other piece of safety equipment is required, protective clothing and eye protection are certainly recommended. In addition, though it is legal in several states, lane-splitting remains illegal in Texas. It is important that motorcyclists familiarize themselves with the motorcycle-specific rules of the road in order to protect themselves and other drivers.
Motorcycle Accident Compensation
If you have been in a motorcycle accident, your first question is probably, “How much is my case worth?” There are many factors that go into how much money you ultimately stand to receive, but generally speaking, damages can be divided into two categories.
This category includes things like medical bills, lost earning capacity, and other financial losses. These damages can typically be estimated with a relative degree of certainty.
This category includes things like the pain and suffering caused by an accident. Non-economic damages are difficult to pin down to a specific dollar amount, but they are certainly still compensable.
Legal Time Limits
With any personal injury case, there is a certain period of time in which you must bring a claim, otherwise known as the statute of limitations. This means that no matter how strong your case is, it will be thrown out if it is not brought within the statute of limitations without good reason. In San Antonio, the statute that applies to motorcycle accidents is two years. However, if a child is involved in the accident, then the statute may be "tolled," or put on hold until the child reaches the age of 18.
OUR SAN ANTONIO MOTORCYCLE ACCIDENT LAWYERS CAN HELP
If you’ve been injured on a motorcycle, contact a San Antonio motorcycle accident lawyer from Zinda Law Group to see if you can seek compensation for damages, injuries, lost wages, and other expenses.
The legal team at Zinda Law Group PLLC helps motorcycle victims each year in cases like this, and we can help you to seek the financial settlement you need for long-term medical care. Since there is a statute of limitations, it’s important that you retain the services of an experienced motorcycle accident attorney right away.
The personal injury attorneys at Zinda Law Group will give you dedicated and personal legal representation. We work on a contingency fee basis, which means that you don’t pay for court costs and legal fees unless we win your case. Call 512 246 2224 for your free legal consultation and learn more about your legal rights today.
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