Motorcycle Accident Litigation in San Antonio, Texas - What to Expect in Court

In 2023, nine percent of all Texas traffic accidents happened in San Antonio, home to just five percent of the state population—making an accident almost twice as likely to happen there than in other parts of Texas. Whether a motorcycle accident leads to mild, serious, or fatal injuries, a survivor needs an attorney who can prepare a claim for damages.

While most personal injury cases settle outside court, some proceed to trial. Understanding the complete process can help you and your family confidently navigate Texas motorcycle accident litigation.

Although trials for motorcycle injuries are uncommon, motor vehicle accidents are involved in a third of civil trials that do happen. If negotiations fail or liability is disputed, your case might proceed to trial.

The steps in motorcycle accident litigation each impact you in different ways:

1. Filing a Lawsuit: Your legal team handles the paperwork and guides you through the process of making an initial complaint against the at-fault party.
2. Pretrial Proceedings: As both sides gather evidence and possibly attempt mediation, your team sets expectations and prepares you to provide a statement if necessary. This phase may last from a few months to over a year.
3. Trial Process: If the case doesn’t settle, your lawyers support you through a trial that could last days or weeks and require you to testify.
4. Outcomes: If the verdict isn’t favorable, your team discusses appeal options with you.

Although a trial can be overwhelming, the court may award more damages than would be offered in a settlement. This is likely if the defendant’s misbehaviors were egregious or your losses severe.

Insurance companies prefer to resolve motorcycle injury claims through settlements to avoid costly, unpredictable trials. Here’s how a San Antonio motorcycle accident lawyer creates a positive settlement experience for you, as well:

• Expediting the negotiation phase, during which the insurance company reviews evidence such as medical records, accident reports, and witness statements
• Increasing settlement offers, which are often initially lower than desirable
• Maximizing the advantages of settling, which might include a quicker outcome, lower stress, and compensation without the risks of trial

Above all, your lawyer makes sure your agreement is fair. The final amount should account for medical bills, lost wages, emotional suffering, and property damage.

According to records from the Texas Department of Transportation, at least one injury-causing motorcycle crash occurs per day on average in San Antonio, Texas. After one of these accidents, an injured motorcyclist or passenger can file a personal injury claim to alleviate burdens as they readjust to life.

However, about two crashes per month result in fatalities. If your loved one dies in a San Antonio motorcycle accident due to someone else’s negligence or recklessness, a personal injury attorney in Central Texas can help you pursue a wrongful death lawsuit. This claim offers surviving families the opportunity to recover lost financial support, funeral expenses, and compensation for distress.

Texas law generally allows you to file either type of claim within two years from the accident date.

The San Antonio lawyers at Carabin Shaw provide essential, accessible support for motorcycle accident victims and their families in the following ways:

• We assess liability, damages, and your best legal strategy through a free case review.
• Our staff is available 24/7 to speak with you in your preferred language (English or Spanish) at our toll-free number 800-862-1260.
• Our skilled attorneys negotiate aggressive settlements and represent you in court if needed.
• We offer our services on a contingency-fee basis, minimizing needless financial burden.

After a devastating motorcycle accident, justice might seem far off. Whether settling or going to court, the team at Carabin Shaw makes every step more possible—our client reviews prove it.

For more information:

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• TX DoT
• TX DoT