A Beginner's Guide to Texas Motorcycle Accident Laws from Expert San Antonio Attorneys

Injured motorcyclists who file an auto insurance claim after a San Antonio accident may receive a settlement offer for their injuries. However, it is also common for insurance companies to offer low settlements or deny a claim. The San Antonio personal injury lawyers at Carabin Shaw can help you negotiate a better settlement or file a lawsuit.

Hiring a local attorney for your personal injury case ensures that you have a legal team that knows Texas motorcycle accident laws and can argue a compelling case for compensation. Carabin Shaw offers our services on a contingency-fee basis in addition to a free case review to eliminate financial barriers to legal assistance. We also have English- AND Spanish-speaking staff available for your convenience. Call now to learn more.

According to TxDOT, almost 2,500 people were injured in Texas motorcycle crashes in 2023, and 599 riders sadly passed away. Common causes of these accidents were:

• Drivers miscalculating a motorcycle’s distance or speed
• Drivers not seeing the motorcycle
• Distracted driving
• Speeding
• Driving while impaired
• Poor road conditions
• Reckless driving

Motorcycle riders often experience worse injuries than drivers or passengers in enclosed vehicles because motorcycles lack the protective features of cars and trucks. This includes an external enclosure and seatbelts. It isn’t unheard of for San Antonio, Texas, motorcyclists to suffer road rash, broken bones, amputations, spinal cord injuries, or death. When these accidents are the fault of another party, victims deserve compensation.

Texas is a modified comparative negligence state. This means that the motorcyclist can be partially at fault in San Antonio and still hire a lawyer to sue for damages, as long as their portion of fault does not exceed 50 percent. It also allows a defendant to identify other at-fault parties the court may hold proportionately responsible for in multi-vehicle crashes.

The alternative to comparative fault is contributory negligence, whereby a plaintiff cannot seek damages if they are at fault in any manner. Texas law is arguably more just, allowing the plaintiff to seek compensation commensurate with the at-fault party’s contribution. A motorcycle injury lawyer in San Antonio, TX, can help you determine whether accepting an insurance settlement offer or filing a personal injury lawsuit is worth it.

Understanding the law is essential to your personal injury case. Texas motorcycle accident laws require motorcyclists to wear a helmet if they are under 21 years old. Motorcyclists must also carry insurance and follow traffic laws. Breaking the law can negatively impact compensation but does not negate the possibility of winning your case.

For example, not wearing a helmet does not negate the driver's fault for failing to yield and hitting a motorcyclist, but a helmet would have reduced damages. The court may adjust its award by that amount. Likewise, speeding may have contributed to the severity of injuries, but it did not cause the other party to drive in the wrong lane.

Liability in most motorcycle accident cases is based on negligence. This means the other party had a duty to act in a certain way, and the plaintiff suffered injuries because the defendant breached their duty. Your local Texas attorney may reconstruct the accident to prove the defendant’s liability, as a play-by-play account might be necessary to prove either party’s level of fault.

Our motorcycle accident lawyers in San Antonio understand the severity of damages in these accidents and know the difficulties associated with restoring your life back to normalcy. At Carabin Shaw, we offer compassionate legal services to help you seek compensation while you are recovering or grieving the loss of a loved one. We do our best to reduce the stress of the legal process and maximize your compensation. Read our client reviews to find out more.

Call our toll-free number at 800-862-1260 to schedule a free case review. Someone is available to speak with you 24/7.

For more information:

• TX DoT
• Texas Statutes 33
• Cornell Law