Motorcycle Rider Rights in Texas: Protecting Yourself After a San Antonio Crash

Getting into a motorcycle accident in San Antonio can cause catastrophic damages to the driver of the motorcycle. The advantages of maneuverability and responsiveness do not protect the rider once he or she loses control, and the lack of enclosure on a motorcycle makes victims extremely vulnerable to injuries. The best thing to do after seeking medical care is to contact a lawyer to help you receive compensation for your injuries.

Calling the San Antonio injury attorneys at Carabin Shaw sets you on the path for a successful lawsuit against the at-fault party in your motorcycle crash lawsuit. Our client reviews show that we are ready to devote ourselves to your case, so you can get the compensation you deserve. Call today for a free consultation. We offer our services on a contingency-fee basis, so you don’t have to worry about upfront legal fees.

Motorcyclists should wear helmets and protective gear to protect themselves from injury. However, these safety devices cannot fully protect bikers in most wrecks. From road rash to head injuries, motorcycle operators can suffer permanent damage and death.

In a San Antonio personal injury lawsuit after a motorcycle crash, a lawyer can argue for the following damages:

• Economic losses: Medical bills, repair costs, and lost income
• Non-economic losses: Pain and suffering, emotional anguish, loss of consortium

In addition, a Texas court may award punitive damages to the plaintiff in cases of gross negligence or where the at-fault party acted with extreme recklessness. Motorcycle accident compensation in Texas is meant to compensate the injured party but also to deter extremely dangerous or intentionally harmful behavior.

Texas is a comparative negligence state, meaning that the court will proportionately split liability and compensation when more than one party is at-fault. This means that if a motorcycle rider shared some of the fault in the accident, the court will still award some compensation proportionate to the other party’s fault.

The court will not award any compensation if the plaintiff held more than half of the fault. One way that a motorcycle driver may contribute to fault is by not wearing a helmet or driving while fatigued or intoxicated.

In some cases, a third-party may also contribute to fault in a motorcycle accident. This may be true in commercial vehicle accidents, construction accidents, and multi-vehicle crashes. An experienced attorney will ensure that you direct your lawsuit to the correct parties, so you can maximize your compensation.

An injured motorcycle rider lawyer in San Antonio TX with years of personal injury law experience will use previous cases of negligence and case outcomes to better prepare your case for trial. Examples of negligence in Texas motorcycle accident cases include:

• Failure to yield
• Speeding
• Not checking blind spots
• Distracted driving
• Failing to maintain a safe following distance

In most lawsuits, a San Antonio motorcycle accident lawyer will argue a case of negligence. This means the at-fault party had a duty to act, and because they did not perform that duty, the victim was injured. This does not mean it was intentional or malicious but simply the negligent party’s fault. Texas has a motorcycle safety campaign to make people more aware of the safety issues that cause motorcycle wrecks.

At Carabin Shaw, our team has decades of experience handling motorcycle personal injury cases, and we will provide compassionate and timely legal services to help you receive the compensation you deserve. Call our toll-free number 24/7 at 800-862-1260 to schedule a free consultation. We have English- AND Spanish-speaking staff available.

For more information:

• Statutes Capitol Texas
• Statutes Capitol Texas
• DoT Texas