San Antonio TX Motorcycle Accident Attorneys - The Role of Fault & Comparative Negligence

San Antonio offers many scenic routes for motorcycle enthusiasts, whether you have an hour to kill or a couple of days off work. This Texas city offers something for every rider, from the Gruene-Fredericksburg-Bandera Loop's breathtaking scenery to the San Antonio Loop, surrounded by hills and twisted roads. While motorcycles provide carefree freedom on the open roads, they can also pose risks.

Other drivers who disobey traffic laws or fail to see bikes in their path can be a deadly hazard for motorcyclists. The San Antonio motorcycle accident attorneys at Carabin Shaw help victims of these accidents pursue compensation under Texas fault and comparative negligence laws. If you are involved in a motorcycle crash, our team is available 24/7 for a free case review at 800-862-1260.

Nearly 600 motorcyclists were killed and another 2,400 injured on Texas roadways in 2023. Motorcycle fatalities have been on the rise in the state since 2019. On average, Texas sees 1.3 motorcyclists die on the road every day.

Bikers have distinct disadvantages on busy Texas streets and roads. Their small vehicles can be more challenging for motorists to see in time to avert disasters. While drivers inside vehicles have additional protections like airbags and seatbelts, motorcyclists are more likely to get thrown from their bikes and suffer catastrophic injuries. Victims of these accidents need an experienced attorney to pursue all necessary compensation for their injuries and losses.

Texas is an at-fault state, which means the party responsible for the crash is also liable for damages to the victim. These damages may cover:

• Past and future medical bills
• Lost wages
• Property damage
• Pain and suffering
• Disability and disfigurement

The victim’s Texas motorcycle injury lawyer must prove the responsible driver was negligent, which involves a breach in the driver’s duty of care to the motorcyclist that directly caused the victim’s injuries.

Texas uses its comparative negligence principle, proportionate responsibility, to determine the damage amount each liable party must pay. According to this principle, if a motorcyclist is more than 50% at fault for an accident, they are not eligible for any damages. If the biker is less than 50% at fault, they can collect damages based on their proportion of fault in the accident. For example, if a judge determines the motorcycle rider’s portion of fault was 25%, their damages are reduced by 25%.

Many accidents involve two drivers, but multiple parties can also be responsible for a crash. Third parties may also contribute to an incident, such as a bar that serves an intoxicated patron or a vehicle manufacturer that puts defective brakes on a car. These cases are more complex since the judge must determine how much responsibility each party has to calculate damages. Personal injury attorneys in San Antonio, Texas, investigate crashes to identify responsible parties and their portion of the fault so victims receive all the damages they deserve.

Motorcyclists are at higher risk for severe injuries or death in a vehicle crash. If you are the victim of one of these accidents, you might wonder if life will ever return to normal. The first step is to collect compensation from the responsible parties to pay your medical bills and account for your lost wages. With an experienced lawyer overseeing your case, you can focus on your recovery while your legal counsel pursues damages.

Don’t wait to get the legal help you need in San Antonio. We offer our services on a contingency-fee-basis, so you don’t pay a cent until you receive your settlement. Our reviews from accident victims like you demonstrate our commitment to seeking justice for our clients. Contact us toll-free at 800-862-1260 and speak to one of our English- or Spanish-speaking professionals now.

For more information:

• DoT Texas
• DoT Texas
• Cornell Law
• Statutes Capitol Texas