Motorcycle riders face constant danger from inattentive drivers on our roads on a daily basis. When tragedy strikes, turn to us in order to put our experienced San Antonio motorcycle accident lawyers dealing with motorcycle accidents to use. We have successfully pursued cases in which the blame was often placed on the motorcycle rider at the beginning due to poor investigations.
There are many steps to the legal process following a motorcycle accident and our law firm will guide you through every part of your case and protect your rights to compensation. We know how to go up against parties that will do anything to avoid liability and how to present evidence to support your claims. We have handled many motorcycle accident cases in and around San Antonio and we always strive for the best possible outcome for each client – no matter what the circumstance may be.
If you crashed while riding a motorcycle, you should ensure that your physical health is stabilized immediately. As soon as you are able, you should sit down with a qualified San Antonio motorcycle accident lawyer to discuss the best course of action in your case. Call The Law Offices of George Salinas to learn more today.
San Antonio Motorcyclists – Be Careful Out There
Statistics indicate that about 88,000 motorcyclists sustained injuries in crashes in one year in the United States. Furthermore, 4,976 people were killed while riding motorcycles, which is a significantly higher percentage of fatalities than for occupants of motor vehicles. This data indicates that riding a motorcycle is a risky endeavor – yet so many people enthusiastically ride their motorcycles on a daily basis in the San Antonio area.
Crashes and Injuries In San Antonio
It is important for every motorcyclist to be well aware of the risks of injuries and to understand motorcycle safety. First, every motorcyclist should have the proper safety gear. While Texas law exempts certain riders from wearing a helmet, it is always wise to do so. Even the best helmet cannot protect you from the head and brain injuries all of the time, however, it can certainly reduce the chances of such as life-altering injury.
Motorcyclists should also know that their smaller vehicles are more difficult to notice – especially in today’s world of distracted driving. Motorcyclists should stay alert and aware of the traffic around them so they may be able to react in time if a crash is about to happen. Even the most defensive driving will not always prevent motorcycle accidents, however, so you should know your rights if an accident does occur.
What Caused Your Motorcycle Wreck?
Knowing what caused your motorcycle crash is essential to know your rights as an accident victim. If you cannot identify and prove who caused the crash, you cannot hold anyone liable for your medical bills, lost income, and other extensive losses. Fortunately, our firm has the resources to fully investigate the circumstances of the crash and to determine whether the negligence of another party caused the accident.
Many motorcycle collisions occur because a driver was negligent in some manner. Drivers should always operate their vehicles in a reasonably safe manner and when they fail to do so, accidents and injuries can result. Driver negligence in motorcycle accidents can include:
- Aggressive driving
- Drunk driving
- Distracted driving
- Following a motorcycle too closely
- Cutting off a motorcycle with a sudden lane change
- Running red lights or stop signs
- Violating other traffic safety laws
In some cases, law enforcement officers will arrive at the accident scene and issue a citation to the driver for violating the law. They may even arrest a driver for driving under the influence (DUI), reckless driving, or another serious offense. If a driver is convicted of an offense, it can be used to prove their negligence in your legal claim. However, even without any citation or criminal case, our firm knows how to gather evidence of driver negligence and help you hold careless drivers accountable for your losses.
Companies that manufacture and sell motorcycles and motorcycle parts have the duty to sell parts that are safe for their intended use. If a company designs or assembles a part incorrectly, it may be inherently defective and may malfunction while a motorcycle is in motion. If the wheels, tires, steering, or brakes on a motorcycle suddenly malfunction, a motorcyclist can lose control and crash. Just because it was a one-vehicle crash does not mean that you do not have a claim. In this situation, the manufacturer can be held responsible for your medical expenses and any other relevant damages.
State and local government agencies are charged with keeping the roads safe for all types of vehicles – including motorcycles. If agencies fail to design safe roads, inspect roads for hazards, or repair roads when needed, dangerous conditions can easily cause a motorcyclist to crash. Some dangerous road conditions include:
- Large cracks
- Uneven lanes
- Worn shoulders (or lack of a shoulder)
- Speed limits that are too high for turns
- Failure to warn of hidden intersections or other hazards
If a road hazard caused you to crash your motorcycle, it may be possible to seek compensation from the city of San Antonio or the state of Texas. Such claims have specific deadlines and procedures, however, so you need a highly skilled attorney to handle your case.
No matter who caused your motorcycle accident, our experienced personal injury lawyer can help. We handle insurance claims, personal injury lawsuits, settlement negotiations, and more. If another party tries to accuse you of being partially responsible for a crash, we can prove their liability and that you deserve to recover for your losses. Even if you were also negligent, you still may have the right to significant compensation in many cases and we can advise you of those rights. We are dedicated to keeping motorcyclists safe and to helping them in the aftermath of a devastating crash.
Motorcycle Accident Frequently Asked Questions FAQ
There’s nothing quite like the exhilaration that comes from riding a motorcycle. The lure of the open road makes this a popular form of transportation for thousands of Texans. The exposure that motorcyclists face, however, can result in serious injuries if another driver collides with their bike.
When a reckless driver fails to share the road with you, it may change your life forever. Below we discuss just a few frequently asked questions when it comes to motorcycle accidents, your injuries, and why consulting with an attorney is a smart idea.
How is liability for my injuries determined?
The shock of a sudden crash can leave you feeling dazed and confused. The immediate steps you take after your accident, however, may have a serious impact on future litigation. Accurately determining liability for your motorcycle accident injuries requires the skills of a personal injury attorney.
The following types of evidence can help them identify those responsible for the crash:
- Police reports
- Accident scene photos and/or video
- Witness statements
The other driver may approach you at the crash scene or days after the accident. Do not speak with the other driver, no matter how remorseful he or she seems. Only speak to first responders, and accept medical transport to a hospital. If you can collect the contact information for witnesses, do so. Should your injuries prevent you from doing so, ask a witness to assist you.
Providing a statement to law enforcement can help document your account of the crash. If the reckless driver is criminally charged for his or her actions, the criminal charges have little bearing on your civil case.
I wasn’t wearing a helmet. Will that affect my case?
Whether you were wearing a helmet or not should not affect your case. Texas law only requires a helmet for operators and riders who are 21 or younger. Riders over the age of 21 may ride a motorcycle without a helmet, provided that they take a motorcycle safety course or have an acceptable insurance plan.
While not wearing a helmet is a personal choice, the right helmet can help protect you from a traumatic brain injury (TBI).
Should I accept a settlement offer?
Not without consulting our law firm—and here’s why. Insurance companies like to settle cases quickly and for the least amount possible. You understandably may feel overwhelmed by your injuries, time away from work, and mounting medical bills. While an initial settlement offer from an insurance company may seem like a large sum, it is most likely not enough to cover your future medical care.
Accepting a low-dollar offer is exactly what the insurance company wants you to do. This closes the case and saves the company money. Do not accept a settlement offer, and secure legal representation instead. It is important to note that should you accept a settlement offer, you will likely lose your right to pursue civil action later should your medical condition worsen.
How will a personal injury attorney help me?
A motorcycle crash is a traumatic event that turns your world upside down. It is likely an extremely emotional, physical, and financially trying time for you and your family, and is no time to deal with aggressive insurance representatives.
You may want to try to negotiate a better settlement offer on your own. This is a bad idea that can leave you feeling disappointed and without compensation to move forward. Insurance companies are quite skilled at what they do. If one is pressuring you to accept an offer, do not speak with it; instead, consult our personal injury attorneys as soon as possible.
Personal injury attorneys work to protect the rights of accident victims. Knowing someone is hard at work protecting your best interests can help you to focus on your health and recovery.
Fact or fiction: I have plenty of time to contact an attorney?
Fiction! You do not have plenty of time to contact an attorney. Texas law limits the amount of time allowed for filing a personal injury lawsuit. The statute of limitations for a personal injury claim in Texas is two years. Twenty-four months may seem like a long time, but it can pass quickly when you are dealing with severe injuries.
Preparing your case takes time and important evidence can disappear quickly. Under the Texas statute of limitations, the clock begins ticking the moment you become injured. Protect your right to hold the negligent driver responsible for your injuries. Should you miss the deadline for filing your claim, you will generally miss out on your opportunity to pursue compensation.
My loved one died from injuries. May I seek compensation?
If you lost a loved one due to a tragic motorcycle accident that was not your loved one’s fault, a personal injury attorney can help you. Depending upon your relationship with the decedent, you may be entitled to file a wrongful death claim. Like a personal injury claim, you generally have two years to file a wrongful death claim.
No amount of money can replace your loved one. Financial compensation may, however, help you with certain expenses, including:
- Final medical expenses for the decedent
- Funeral and burial costs
- Loss of income
- Loss of inheritance
- Loss of companionship
Wrongful death cases are often quite complex. Most personal injury attorneys offer a free case evaluation; consider discussing your case with an attorney today.
Motorcyclists have the same rights and responsibilities as other drivers on Texas streets and highways. When another driver engages in reckless behavior behind the wheel, such as driving drunk or distracted, you should take action. In these circumstances, your injuries are not your fault, and you deserve justice.
No one should pay out-of-pocket expenses that result due to the negligent actions of another driver. If you were seriously injured or lost a close loved one, don’t delay in reaching out to a personal injury attorney. Upon careful review of your case, an attorney can determine the best course of action for you.
Aggressive San Antonio Motorcycle Accident Attorneys
With our aggressive investigation and development of each client’s case, we have been able to uncover the truth and expose the real cause of many of our client’s motorcycle accident injuries. These cases require legal skill, experience, and resources and The Law Office of George Salinas has what it takes to fight for your rights. Our team has seen how devastating the effects of a motorcycle accident can be and we stand up for accident victims and the compensation they deserve.
Consultations are always free, so you have nothing to lose by sitting down with a San Antonio motorcycle accident lawyer and learning about your options. Moreover, we never charge any fees unless you successfully obtain financial recovery in your case.
Contact us today.
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