Do You Have a Motorcycle Accident Case?
You might have strong grounds upon which to file a motorcycle accident lawsuit if you were involved in a crash that was caused by another party’s recklessness, intentional actions, or negligence. Negligence is a legal term that reflects a failure to exercise sufficient care given the circumstances. Common examples of negligence leading to motorcycle accidents include distracted driving, speeding, failing to yield the right of way, and driving while intoxicated.
For your motorcycle accident case to be successful, you’ll need to prove that the other party’s conduct directly led to the accident and that you sustained specific losses for which you can be financially compensated as a result. These losses could include medical bills, lost wages, and pain and suffering.
Why Are Motorcycle Accident Cases Often Especially Complicated?
Unfortunately, motorcycle accidents cases are often more complicated than other auto accident cases because:
- Motorcyclists tend to suffer more serious injuries, which not only increases the compensation that they may be entitled to, but also makes it more likely that they will still be receiving treatment for their injuries while resolving their claim for compensation. When a rider is still undergoing medical treatment, any settlement or trial verdict must also include future estimated expenses and losses, which aren’t always easy to calculate.
- At-fault drivers often have insufficient insurance coverage. Because motorcyclists often suffer devastating injuries when they’re hit by passenger vehicles, they may quickly exhaust the compensation available to them through the at-fault driver’s liability insurance. Therefore, it may be necessary to look to other sources of compensation, such as a lawsuit filed directly against the at-fault driver or other liable parties or uninsured/underinsured motorist coverage purchased in addition to basic motorcycle insurance.
- Drivers and insurers may try to blame the accident on the injured rider, often falling back on stereotypes of motorcyclists as reckless thrill-seekers. In this case, the injured motorcyclist must have a thoroughly prepared legal case that persuasively shows that the other driver (and/or other party, as the situation warrants) was responsible for causing the accident.
Benefits of Hiring a Lawyer for Your San Antonio Motorcycle Accident Case
If you have been seriously injured in a motorcycle accident, you may not have the time and energy to pursue your legal rights to compensation thoroughly. Having a San Antonio motorcycle accident lawyer from the Law Offices of Troy A. Brookover working for your benefit can give you the time and space you’ll need to focus on your treatment and rehabilitation while we handle the “legal heavy lifting” of your accident aftermath.
Some of the tasks we can take off your shoulders efficiently and effectively include:
- Recovering the evidence we’ll need to prove that the other party is at fault for the accident and your injuries
- Documenting your injuries and losses to argue for maximum financial compensation on your behalf
- Identifying liable parties and applicable insurance coverages, including coverage under your own motorcycle insurance policy
- Filing claims on your behalf and negotiating with insurers for a fair and full settlement
- Going to court on your behalf if negotiations fail to produce an adequate settlement
What Compensation Can Be Recovered After a Motorcycle Crash in San Antonio?
Depending on the circumstances of your motorcycle accident and the losses you suffered as a result of it, you could be entitled to compensation for:
- Medical expenses such as hospital bills, surgeries, prescription costs, purchases of medical/mobility equipment, and physical/occupational therapy
- Lost wages due to missed time from work, as well as loss of future earnings or benefits of employment if you suffer permanent disabilities that impact your ability to return to work
- Pain and suffering
- Property damage, including damage to your motorcycle, helmet, and clothing, or reimbursement for the value of your totaled motorcycle
- You may also be entitled to exemplary damages, also called punitive damages, which could be awarded in a motorcycle accident lawsuit when the party at fault for the crash engaged in especially reckless or wanton behavior. These damages are only awarded at trial, and even then only rarely, because of the high burden of proof involved.
Understanding Texas Motorcycle Laws – The Basics
In Texas, all motorcyclists under the age of 21, including both operators and passengers, must wear a helmet when riding a motorcycle. Riders aged 21 and older may opt not to wear a helmet if they either have completed an approved motorcycle operator training course or carry at least $10,000 in medical insurance coverage applicable for injuries sustained in a motorcycle accident.
Anyone wishing to operate a motorcycle on a public road in Texas must hold a valid motorcycle license. A license can be obtained by anyone aged 16 or older who passes a written knowledge test and a road skills test, although, in certain circumstances, the road test can be waived.
A motorcycle passenger must be at least five years old and can only ride on a motorcycle equipped by the factory with a permanent passenger seat. The passenger must also have footrests and handholds for safety.
Texas law prohibits two vehicles of any kind from operating side by side in the same traffic lane. Motorcycles are, therefore, prohibited from riding along road lines or in between lanes of traffic, a practice known as lane splitting.
Violations of any of these laws may impact your ability to recover full compensation for your injuries. However, violations will not necessarily bar you from pursuing considerable compensation overall. Avoid making assumptions about the potential weaknesses of your case until our team has assessed your circumstances objectively.
Statute of Limitations on Motorcycle Accident Lawsuits in San Antonio
After being involved in a motorcycle crash, you’ll have limited time to file a lawsuit against an at-fault driver or a party liable for your injuries and losses. The statute of limitations in Texas normally gives accident victims only two years from the date of a motorcycle accident to file a lawsuit.
If you file a lawsuit after the limitations period expires on your motorcycle accident case, you’ll risk having your case permanently dismissed and losing the right to recover compensation from those responsible for your injuries through the court system. Acting quickly helps to preserve your legal options and evidence that may ultimately make or break your case.