San Antonio Motorcycle Accident Attorneys

Motorcycle Accidents in Texas

You ride a motorcycle because you enjoy the freedom it affords. You recognize that it offers no protection in the event of an accident, but you take the necessary precautions to keep yourself safe—until another driver cuts you off or an obstacle is left in the middle of the road in a construction zone. When unforeseen circumstances cause an accident that results in serious injury or death, you have the right to hold the responsible parties accountable for their actions.

At Maloney Law Group, P.L.L.C., we understand why you ride, and we will pursue maximum compensation after your accident. Our San Antonio motorcycle accident lawyers have the knowledge, experience, and resources to see your case through to the end. You have as much right to Texas roads as any other driver—we can help you uphold that right.

When you need legal support, count on our firm. Contact us online or call a motorcycle accident lawyer in San Antonio today at (210) 361-2997.

Injuries Caused by Motorcycle Accidents

Every motorcyclist accepts that he or she is exposed on the back of a bike. Helmets and leather or Kevlar riding gear offer some protection, but not enough in the case of a serious or catastrophic accident.

Some of the injuries a motorcyclist may suffer in a crash include:

• Broken bones
• Road rash
• Degloving
• Brain injury
• Paralysis
• Loss of limbs
• Spinal cord injury

In the most unfortunate of all cases, wrongful death can take place. Regardless of the specifics, you and your family are likely experiencing a catastrophic life event, and our team wants to stand alongside you and fight for your rights.

Who Is Liable for a Motorcycle Crash?

Because Texas is an at-fault state, you must bring a claim against the at-fault person or party to recover compensation after an accident. This means you must establish liability. Doing so typically involves determining how the accident occurred, including who or what caused it.

Some of the most common causes of motorcycle accidents include:

• Speeding
• Distracted driving
• Drunk driving
• Failure to yield
• Traffic law violations
• Failure to stop at red lights/stop signs
• Following too closely
• Unsafe or unlawful turns
• Unsafe or unlawful passing
• Fatigued driving
• Unsafe weather/road conditions
• Defective roadways
• Defective vehicles/parts

These and other acts of negligence can have serious consequences for motorcyclists, and the responsible parties can and should be held accountable. At Maloney Law Group, P.L.L.C., we work with a team of accident reconstructionists and other experts to thoroughly investigate who is liable for your accident, injuries, and damages.

Often, the at-fault party will argue that the motorcyclist was to blame for the accident. Unfortunately, juries frequently agree. Our San Antonio motorcycle accident lawyers know how to fight back against unfounded prejudice against motorcyclists and present the evidence to the jury in a clear and comprehensive way. We are not afraid to go up against large insurance companies and their defense teams in our efforts to recover the maximum compensation you are owed.

Texas Motorcycle Laws

Any motorcycle rider should know and follow all applicable laws. These laws are in place not only to keep riders safe but also to ensure the safety of others on the road.

Here, we’ve provided a brief overview of important Texas motorcycle laws you should know:

• All motorcycle operators must have a valid class M motorcycle license
• All motorcycles must be registered and undergo an annual motorcycle inspection
• Motorcyclists must obtain and keep current motorcycle insurance
• Anyone under the age of 21 must wear a motorcycle helmet when operating or riding as a passenger on a motorcycle
• Motorcyclists over the age of 21 (including passengers) may choose to not wear a motorcycle helmet if they have the appropriate certification/insurance
• As of January 2021, lane splitting (riding between lanes of traffic) is not recognized in Texas

If you ride a motorcycle in Texas, make sure you are aware of all state motorcycle laws. Always follow these laws to keep yourself and others safe.

The Dangers of Motorcycle

Motorcycle accidents can be more devastating than car accidents for several reasons, primarily due to the lack of protection afforded to motorcyclists.

Here are some factors that contribute to the potentially greater severity of motorcycle accidents compared to car accidents:

• Lack of Structural Protection: Motorcycles lack the structural protection that cars provide. In a car, occupants are surrounded by a metal frame and airbags, providing a barrier against external forces. Motorcyclists are exposed and have only their protective gear, such as helmets and clothing, to mitigate the impact.
• Vulnerability to Impact: Motorcyclists are more vulnerable to the forces of impact in a collision. The impact of a crash can result in severe injuries or fatalities, given the limited physical protection that motorcycles offer.
• High Speeds and Agility: Motorcycles are often more agile and can travel at higher speeds than cars. While this can be an advantage in terms of maneuverability, it also increases the potential for accidents, and the higher speeds can lead to more severe consequences upon impact.
• Ejection from the Vehicle: In motorcycle accidents, riders are at risk of being ejected from the bike upon impact. This can result in secondary impacts with the road, other vehicles, or obstacles, increasing the likelihood of serious injuries.
• Less Visibility:
• Motorcycles are smaller and less visible than cars, making them more prone to being overlooked by other drivers. This can contribute to a higher incidence of accidents, as other motorists may fail to see motorcyclists or misjudge their speed and distance.
• Road Hazards: Motorcyclists are more susceptible to road hazards such as potholes, uneven surfaces, and debris. These hazards, which might be less problematic for cars, can lead to loss of control and serious accidents for motorcycles.
• Weather Conditions: Adverse weather conditions, such as rain or slippery road surfaces, can pose a greater risk to motorcyclists due to the reduced stability and traction of two-wheeled vehicles.
• Skill and Experience: Riding a motorcycle requires a higher level of skill and experience compared to driving a car. Inexperienced or untrained motorcyclists may be at a greater risk of accidents.

Legal Challenges of Motorcycle Accidents in Texas

In Texas, the legal challenges related to motorcycle accidents involve a combination of general principles of personal injury law and specific state regulations.

Here are some key considerations:

• Fault Determination: Texas follows a modified comparative fault system. This means that if a motorcyclist is found to be partially at fault for the accident, their recovery of damages is reduced by their percentage of fault. If a motorcyclist is more than 50% at fault, they may not be eligible to recover damages.
• Helmet Laws: Texas has a mandatory helmet law for riders under the age of 21, but riders 21 and older are not required to wear a helmet if they have completed a safety course or carry sufficient insurance. Failure to comply with helmet laws can affect liability and damages in case of an accident.
• Insurance Requirements: Texas requires motorcyclists to carry liability insurance. Understanding insurance coverage, negotiating with insurance companies, and ensuring proper compensation can be complex.
• Injuries and Damages: Motorcyclists are at a higher risk of severe injuries in accidents. Proving the extent of injuries and calculating damages for medical expenses, property damage, lost wages, and pain and suffering can be challenging.
• Statute of Limitations: In Texas, there is a limited time within which a motorcycle accident lawsuit must be filed. This is known as the statute of limitations. Failing to file a lawsuit within the prescribed time frame may result in the loss of the right to seek compensation.
• Comparative Negligence: Texas uses a system of proportionate responsibility. If multiple parties are involved in an accident, their degree of fault is considered. Even if a motorcyclist is partially at fault, they may still recover damages, but the amount will be reduced by their percentage of fault.
• Road Conditions and Design: Poor road conditions or inadequate road design may contribute to motorcycle accidents. Determining if a government entity or other party is responsible for maintaining safe road conditions can be challenging.
• Prejudice Against Motorcyclists: Overcoming biases or prejudices against motorcyclists can be a challenge, both in negotiations with insurance companies and in court. Establishing the facts of the case and demonstrating responsible riding behavior are crucial.

How a Motorcycle Accident Lawyer Can Help

Our lawyers are ready to investigate your accident thoroughly. We consult with accident reconstruction experts when required to determine who is liable for your injuries. Once we have proven liability, we work with your doctors to calculate the full cost of your injuries over the rest of your life, including lost wages and future therapies or equipment costs.

We present a complete picture to the insurance company and begin negotiations. If the insurance adjuster is unwilling to compensate you fully and fairly, our San Antonio motorcycle accident attorneys will not hesitate to pursue your case in court.

Here are several reasons why you should consider seeking our legal representation:

• Expertise in Motorcycle Accident Cases: At Maloney Law Group, P.L.L.C., we specialize in motorcycle accident cases. Our experienced attorneys have a deep understanding of the unique challenges and complexities associated with these cases, allowing us to provide expert guidance tailored to your specific situation.
• Navigating Complex Legal Processes: Dealing with the legal aftermath of a motorcycle accident can be intricate and overwhelming. We are here to handle all aspects of the legal process for you, from gathering evidence and dealing with insurance companies to navigating the court system if necessary. Our expertise ensures that nothing is overlooked, and your rights are protected.
• Determining Liability and Fault: Establishing liability is crucial in any accident case. We have the skills to thoroughly investigate the circumstances surrounding your motorcycle accident, determining fault and building a strong case on your behalf. Our goal is to ensure that responsible parties are held accountable for their actions.
• Maximizing Compensation: Our team is dedicated to maximizing the compensation you deserve. We understand the potential long-term consequences of motorcycle accidents, including medical expenses, lost wages, and pain and suffering. We work tirelessly to negotiate with insurance companies and pursue legal avenues to secure the best possible outcome for you.
• Experience with Insurance Companies: Dealing with insurance companies can be challenging. We have experience negotiating with insurance adjusters and are well-versed in the tactics they may use to minimize payouts. Our firm is committed to advocating for your rights and ensuring that you receive fair and just compensation.
• Trial Experience: While many cases are resolved through negotiation, we are prepared to take your case to trial if necessary. Our trial experience means that we are not afraid to litigate on your behalf, ensuring that your case is presented effectively in a court of law.
• Compassionate and Personalized Approach: We understand the physical, emotional, and financial toll that a motorcycle accident can take. Our team is committed to providing compassionate and personalized legal representation. We take the time to understand your unique needs and concerns, guiding you through the legal process with care and empathy.

Looking to schedule a consultation? Call a San Antonio motorcycle accident attorney from Maloney Law Group, P.L.L.C. at (210) 361-2997 today.